Definitions

Question 1

Reference: 46-1-2(13) …means a notarial act in which an individual: appears in person before a notary and presents a document; provides the notary satisfactory evidence of the individual’s identity or is personally known to the notary; and signs the document in the presence of the notary.

Answer 1

“Signature Witnessing”

Question 2

Reference: 46-1-2(5) …means a notarial act in which a notary certifies that a signer, whose identity is personally known to the notary or proven on the basis of satisfactory evidence, has made, in the notary’s presence, a voluntary signature and taken an oath or affirmation vouching for the truthfulness of the signed document.

Answer 2

“Jurat”

Question 3

Reference: 46-1-2(1) …means a notarial act in which a notary certifies that a signer, whose identity is personally known to the notary or proven on the basis of satisfactory evidence, has admitted, in the presence of the notary, to voluntarily signing a document for the document’s stated purpose.

Answer 3

“Acknowledgement”

Question 4

Reference: 46-4-102(8): …means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

Answer 4

“Electronic signature”

Question 5

…means that an individual appears in the presence of the notary.

Answer 5

“Before me”

Question 6

…means:
(a) to empower to perform notarial acts; or
(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.

Answer 6

“Commission”

Question 7

…means a notarial act in which a notary certifies that a photocopy is an
accurate copy of a document that is neither a public record nor publicly recorded.

Answer 7

“Copy certification”

Question 8

…means the audio and video recording, described in Subsection
46-1-3.6(3), of a remote notarization.

Answer 8

“Electronic recording”

Question 9

…means an electronic version of the seal described in Section 46-1-16, that
conforms with rules made under Subsection 46-1-3.7(1)(d), that a remote notary may attach to
a notarial certificate to complete a remote notarization.

Answer 9

“Electronic seal”

Question 10

…means that an individual:

(a) is physically present with the notary in close enough proximity to see and hear the notary; or (b) communicates with a remote notary by means of an electronic device or process that:
(i) allows the individual and remote notary to communicate with one another simultaneously by sight and sound; and
(ii) complies with rules made under Section 46-1-3.7.

Answer 10

“In the presence of the notary”

Question 11

…means a notarial act in which a notary certifies:

(a) the identity of a signer who:
(i) is personally known to the notary; or
(ii) provides the notary satisfactory evidence of the signer’s identity;
(b) that the signer affirms or swears an oath attesting to the truthfulness of a document; and
(c) that the signer voluntarily signs the document in the presence of the notary.

Answer 11

JURAT

Question 12

…means an act that a notary is authorized to perform under Section 46-1-6

Answer 12

“Notarial act” or “notarization”

Question 13

…means the affidavit described in Section 46-1-6.5 that is: (a) a part of or attached to a notarized document; and
(b) completed by the notary and bears the notary’s signature and official seal.

Answer 13

“Notarial certificate”

Question 14

(a) …means an individual commissioned to perform notarial acts under this chapter.
(b) …includes a remote notary

Answer 14

“Notary”

Question 15

Examples of Notarial Certificates

Hint: there’s 7

Answer 15

•  Acknowledgment
● Attorney-in-Fact-Acknowledgment
● Copy Certification
● Credible Witness Acknowledgment
● Jurat
● Signature Witnessing
● Corporate Acknowledgment

Question 16

…means a notarial act in which a notary certifies that a person made a vow or affirmation in the presence of the notary on penalty of perjury.

Answer 16

“Oath” or “affirmation”

Question 17

…means a notary’s performance of any act prohibited or failure to perform any act mandated by this chapter or by any other law in connection with a notarial act.

Answer 17

“Official misconduct”

Question 18

(a) …means the seal described in Section 46-1-16 that a notary may attach to a
notarial certificate to complete a notarization.
(b) …includes an electronic seal.

Answer 18

“Official seal”

Question 19

…means familiarity with an individual resulting from interactions with that individual over a period of time sufficient to eliminate every reasonable doubt that the individual has the identity claimed.

Answer 19

“Personally known”

Question 20

…means a notarial act performed by a remote notary in accordance with this chapter for an individual who is not in the physical presence of the remote notary at the time the remote notary performs the notarial act.

Answer 20

“Remote notarization”

Question 21

…means a notary that holds an active remote notary certification under Section 46-1-3.5.

Answer 21

“Remote notary”

Question 22

a) …means:
(i) for both an in-person and remote notarization, identification of an individual based on:
(A) subject to Subsection (19)(b), valid personal identification with the individual’s
photograph, signature, and physical description that the United States government, any
state within the United States, or a foreign government issues;
(B) subject to Subsection (19)(b), a valid passport that any nation issues; or
(C) the oath or affirmation of a credible person who is personally known to the notary and who
personally knows the individual; and
(ii) for a remote notarization only, a third party’s affirmation of an individual’s identity in
accordance with rules made under Section 46-1-3.7 by means of:
(A) dynamic knowledge-based authentication, which may include requiring the individual
to answer questions about the individual’s personal information obtained from public or
proprietary data sources; or
(B) analysis of the individual’s biometric data, which may include facial recognition, voiceprint
analysis, or fingerprint analysis.
(b) …for a remote notarization, requires the identification
described in Subsection (19)(a)(i)(A) or passport described in Subsection (19)(a)(i)(B) to be verified through public or proprietary data sources in accordance with rules made under Section 46-1-3.7.
(c) …does not include:
(i) a driving privilege card under Subsection 53-3-207(10); or
(ii) another document that is not considered valid for identification.

Answer 22

“Satisfactory evidence of identity”