(1) A notarial commission is not effective until:

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Terms Used In Utah Code 46-1-4

  • Commission: means :
         (3)(a) to empower to perform notarial acts; or
         (3)(b) the written document that gives authority to perform notarial acts, including the Certificate of Authority of Notary Public that the lieutenant governor issues to a notary. See Utah Code 46-1-2
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Notary: includes a remote notary. See Utah Code 46-1-2
  • Oath: A promise to tell the truth.
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Remote notary: means a notary that holds an active remote notary certification under Section Utah Code 46-1-2
     (1)(a) the notary named in the commission takes a constitutional oath of office and files a $5,000 bond with the lieutenant governor that:

          (1)(a)(i) a licensed surety executes for a term of four years beginning on the commission’s effective date and ending on the commission’s expiration date; and
          (1)(a)(ii) conditions payment of bond funds to any person upon the notary’s misconduct while acting in the scope of the notary’s commission; and
     (1)(b) the lieutenant governor approves the oath and bond described in Subsection (1)(a).
(2) In addition to the requirements described in Subsection (1), a remote notary certification described in Section 46-1-3.5 is not effective until:

     (2)(a) the notary named in the remote notary certification files with the lieutenant governor evidence that the notary has obtained $5,000 of bond coverage, in addition to the bond coverage described in Subsection (1)(a), that:

          (2)(a)(i) a licensed surety executes for a term that begins on the certification’s effective date and ends on the remote notary’s commission’s expiration date; and
          (2)(a)(ii) conditions payment of bond funds to any person upon the remote notary’s misconduct while acting in the scope of the remote notary’s commission; and
     (2)(b) the lieutenant governor approves the additional bond coverage described in Subsection (2)(a).