Here is everything you have ever wanted to know about Notary services (and then some).
Types of Notarial Acts:
A Notary Public in Utah is authorized to perform various services, such as:
Acknowledgments: Verifying that a person signing a document is doing so voluntarily and understands the document.
Oaths and Affirmations: Administering oaths or affirmations, typically for sworn statements or affidavits.
Jurat: Certifying that a person swore or affirmed to the truth of a document before the Notary.
Copy Certifications: Certifying that a copy of a document is an accurate reproduction of the original (though Notaries in Utah cannot certify the authenticity of original documents).
Witnessing Signatures: Verifying that the person signing the document is the same person who is supposed to sign, and witnessing that signature.
2. Requirements for Utah Notary Services:
When visiting a Utah Notary, make sure you have the following:
Identification: The Notary will need to verify your identity. Acceptable forms of ID include a government-issued photo ID like a driver’s license or passport.
Documents Ready: The document you want notarized should be complete and signed in front of the Notary, but not before. You must sign in the Notary's presence unless the Notary is performing a witness function.
Payment: Notaries in Utah can charge a maximum fee of $10 per notarial act. However, this fee may vary depending on the type of service and location, so be sure to confirm before proceeding.
3. Utah’s Notary Conflict of Interest Rules:
As mentioned, Utah law prohibits a Notary from notarizing documents where they are a party to the transaction or have a direct financial interest in the document. They also cannot notarize for immediate family members (e.g., spouse, parent, child, or sibling).
This ensures that the Notary is unbiased and not influenced by personal or financial interests in the transaction.
4. Remote Online Notarization (RON) in Utah:
Utah is one of the states that allows Remote Online Notarization (RON). This means that, in some cases, you can have a document notarized remotely via a video call with a Notary Public, as long as the Notary is registered and authorized for RON in Utah.
You must be in the state of Utah when the notarization occurs, but you can be at any location within the state.
The process usually involves using a secure online platform to prove your identity and sign electronically.
RON is often used for real estate transactions, legal documents, and other situations where an in-person meeting with the Notary is difficult.
5. Notary Recordkeeping:
Utah Notaries are required to maintain a journal of notarial acts. This journal should include details such as:
The date and type of act performed.
The names of the individuals involved.
A description of the document notarized (but not the content).
A statement of the type of identification used (e.g., driver’s license, passport).
This helps ensure transparency and can be used as evidence in case of disputes. Notaries may charge a fee for providing a copy of their journal entry.
6. Witness Requirements in Utah:
Some legal documents require witnesses in addition to notarization. Notaries in Utah may not act as a witness in these cases, since they have a duty to remain impartial. If you need a witness to sign along with the notarization, you’ll need to arrange for someone else to be present.
7. Real Estate Transactions:
Utah Notaries are commonly used in real estate transactions, especially for deeds, mortgages, and other property-related documents. If you’re closing on a home or involved in any property transfer, a Notary will be required to verify your signature and ensure the transaction is legitimate.
8. Limitations on Notarizing Documents in Utah:
Personal Interest: Notaries cannot notarize documents in which they have a personal or financial interest. If the Notary stands to gain or is part of the transaction, they must refrain from notarizing.
Family Restrictions: Utah’s laws restrict Notaries from notarizing documents involving immediate family members (e.g., spouse, parent, sibling). In situations where you need a notarization for a relative, you’ll need to find another impartial Notary.
9. Where to Find Notaries:
Banks: Many banks and credit unions offer free Notary services to customers.
Public Offices: County offices, courthouses, and other government buildings often have Notaries available.
Mobile Notary Services: You can also find mobile Notaries in Utah who will come to you for notarizations, particularly helpful if you are unable to travel. These services may charge extra for travel.
Online Platforms: For remote notarizations, services like Notarize and DocuSign Notary offer platforms where you can connect with a Notary from anywhere in Utah, provided the document type is eligible for remote notarization.
10. Common Documents That Require Notarization in Utah:
Powers of Attorney (for both general and medical purposes)
Real estate deeds and mortgage documents
Affidavits and sworn statements
Contracts and business agreements
Wills (although Notaries cannot witness or certify a will in Utah)
11. Notary Availability and Hours:
Notaries in Utah generally work during regular business hours, but many are available by appointment outside standard times. Mobile Notaries can offer more flexibility for late or weekend notarizations.
Key Takeaways for Utah Notary Users:
Always bring valid photo ID and your document ready for notarization.
Understand the fees and make sure you're aware of the maximum allowed charges.
Know the laws about family members and conflicts of interest to ensure your Notary is eligible to serve.
Consider remote notarization if you can’t meet in person with a Notary.
Always ensure that the Notary maintains a record of your notarization for your future reference.
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Notary Public, Escrow Agent, and Certified Loan Signing Specialist located in St. George Utah. Serving the Southern Utah region.