Notary Amendments

66
46-1-1
46-1-2
46-1-3.6
46-1-3.7
46-1-6
46-1-13
46-1-14
46-1-14.1
46-1-15
46-1-16
0
Notary Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Calvin R. Musselman
House Sponsor: Jake Sawyer
LONG TITLE
General Description:
This bill amends provisions of the Notaries Public Reform Act.
Highlighted Provisions:
This bill:
defines terms;
modifies requirements for providing satisfactory evidence of identity;
for a notary who, on or after May 6, 2026, receives a notary commission, or receives a
new notary commission:
implements a requirement for the notary to keep a journal; and
modifies requirements for the content of a journal;
modifies requirements relating to the retention of a journal or an electronic recording of a
remote notarization;
provides that a journal or an electronic recording of a remote notarization are not records
under the Government Records Access and Management Act;
describes the circumstances under which a journal may be inspected;
makes it a crime to, without legal authority, use, forge, or take certain other actions in
relation to a notarization, a journal, an official seal, or other items relating to
notarization;
describes the action that a notary is required to take upon discovery of:
a crime described in this bill; or
the loss, damage, or destruction of a journal or related items;
exempts attorneys, law firms, and title agencies from certain requirements relating to a
journal; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
46-1-2
, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
46-1-3.6
, as last amended by Laws of Utah 2024, Chapter 391
46-1-3.7
, as last amended by Laws of Utah 2024, Chapter 391
46-1-6
, as last amended by Laws of Utah 2019, Chapter 192
46-1-13
, as last amended by Laws of Utah 2019, Chapter 192
46-1-14
, as last amended by Laws of Utah 2024, Chapter 391
46-1-15
, as last amended by Laws of Utah 2019, Chapter 192
46-1-16
, as last amended by Laws of Utah 2019, Chapter 192
ENACTS:
46-1-14.1
, Utah Code Annotated 1953
REPEALS:
46-1-1
, as repealed and reenacted by Laws of Utah 1988, Chapter 222
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
46-1-2
is amended to read:
46-1-2
. Definitions.
As used in this chapter:
(1)
"Acknowledgment" 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.
(2)
"Before me" means that an individual appears in the presence of the notary.
(3)
"Commission" 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.
(4)
"Copy certification" 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.
(5)
"Electronic journal" means an electronic journal of notarial acts that a remote notary is
required to keep under Subsection
46-1-13(1)(c)
or
(2)(b)
.
(5)
(6)
"Electronic notarization" means:
(a)
a remote notarization; or
(b)
a notarization:
(i)
in an electronic format;
(ii)
of a document that may be recorded electronically under Subsection
17-71-402(2)
;
and
(iii)
that conforms with rules made under Section
46-1-3.7
.
(6)
(7)
"Electronic recording
of a remote notarization
" means
the
an
audio and video
recording
, described in Subsection
46-1-3.6(3)
,
of the performance
of a remote
notarization.
(7)
(8)
"Electronic seal" 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 notary
may attach to a notarial certificate to complete an electronic notarization.
(8)
(9)
"Electronic signature" means the same as that term is defined in Section
46-4-102
.
(9)
(10)
"In the presence of the notary" 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
.
(11)
(a)
"Journal" means:
(i)
a physical journal of notarial acts that a notary keeps under Subsection
46-1-13(1)(a)
or
(2)(a)
; or
(ii)
an electronic journal.
(b)
"Journal" does not include an electronic recording of a remote notarization.
(10)
(12)
"Jurat" 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.
(11)
(13)
"Notarial act"
or "notarization"
means
an act that a notary is authorized to
perform under Section
46-1-6
.
:
(a)
a jurat;
(b)
an acknowledgment;
(c)
a signature witnessing;
(d)
a copy certification; or
(e)
an oath or affirmation.
(12)
(14)
"Notarial certificate" 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.
(15)
"Notarization" means the performance of a notarial act.
(16)
"Notarized" means that a notarial act or notarization is completed for a record or
proceeding.
(13)
(17)
(a)
"Notary" means an individual commissioned to perform notarial acts under
this chapter.
(b)
"Notary" includes a remote notary.
(18)
"Notary public" means the same as notary.
(14)
(19)
"Oath" or "affirmation" 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.
(15)
(20)
"Official misconduct" 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.
(16)
(21)
(a)
"Official seal" means the seal described in Section
46-1-16
that a notary
may attach to a notarial certificate to complete a notarization.
(b)
"Official seal" includes an electronic seal.
(17)
(22)
"Personally
known
knows
" 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.
(18)
(23)
"Remote notarization" 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.
(19)
(24)
"Remote notary" means a notary that holds an active remote notary certification
under Section
46-1-3.5
.
(20)
(a)
"Satisfactory evidence of identity" means:
(i)
for both an in-person and remote notarization, identification of an individual
based on:
(A)
subject to Subsection
(20)(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
(20)(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)
"Satisfactory evidence of identity," for a remote notarization, requires the
identification described in Subsection
(20)(a)(i)(A)
or passport described in
Subsection
(20)(a)(i)(B)
to be verified through public or proprietary data sources in
accordance with rules made under Section
46-1-3.7
.
(c)
"Satisfactory evidence of identity" does not include:
(i)
a driving privilege card under Subsection
53-3-207(12)
; or
(ii)
another document that is not considered valid for identification.
(25)
(a)
"Satisfactory evidence of identity" means:
(i)
for both in-person and remote notarization, identification of an individual based
on:
(A)
unexpired personal identification that:
(I)
includes the individual's photograph, signature, and physical description; and
(II)
is issued by the United States government, the government of a state,
district, territory, or possession of the United States, a federally-recognized
tribal government, or a foreign government;
(B)
an unexpired passport issued by any nation;
(C)
the oath or affirmation of a credible individual whom the notary personally
knows and who personally knows the individual seeking the notarial act; or
(D)
the oath or affirmation of a credible individual who:
(I)
personally knows the individual seeking the notarial act;
(II)
the notary does not personally know; and
(III)
provides the notary with the credible individual's identification described
in Subsection
(25)(a)(i)(A)
or
(B)
; and
(ii)
for a remote notarization only, in addition to a method of identification described
in Subsection
(25)(a)(i)
, secondary authentication of identity of:
(A)
except as provided in Subsection
(25)(a)(ii)(B)
, the individual seeking the
notarial act; or
(B)
the credible individual described in Subsection
(25)(a)(i)(D)
, if the individual
seeking the notarial act is identified under the method of identification
described in Subsection
(25)(a)(i)(D)
.
(b)
"Satisfactory evidence of identity" does not include:
(i)
a driving privilege card under Subsection
53-3-207(12)
; or
(ii)
a document other than a document described in Subsection
(25)(a)(i)(A)
or
(B)
.
(26)
"Secondary authentication of identity" means a third party's verification 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.
(21)
(27)
"Signature witnessing" means a notarial act in which an individual:
(a)
appears in the presence of the notary and presents a document;
(b)
provides the notary satisfactory evidence of the individual's identity, or is personally
known to the notary; and
(c)
signs the document in the presence of the notary.
(28)
"Title agency" means a person that provides title insurance, as defined in Section
31A-1-301
.
Section 2. Section
46-1-3.6
is amended to read:
46-1-3.6
. Remote notarization procedures.
(1)
A remote notary who receives a remote notary certification under Section
46-1-3.5
may
perform a remote notarization if the remote notary is physically located in this state.
(2)
A remote notary that performs a remote notarization for an individual that is not
personally known to the remote notary shall, at the time the remote notary performs the
remote notarization, establish satisfactory evidence of identity for the individual by:
(a)
communicating with the individual using 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
; and
(b)
requiring the individual to transmit to the remote notary an image of a form of
identification described in Subsection
46-1-2(20)(a)(i)(A) or passport described in
Subsection 46-1-2(20)(a)(i)(B)
46-1-2(25)(a)(i)(A)
or
(B)

that is of sufficient quality
for the remote notary to establish satisfactory evidence of identity.
(3)
(a)
A remote notary shall create an
audio and video recording of the performance
electronic recording
of each remote notarization and store the recording in
accordance with Sections
46-1-14
46-1-41.1
and
46-1-15
.
(b)
A remote notary shall take reasonable steps, consistent with industry standards, to
ensure that any non-public data transmitted or stored in connection with a remote
notarization performed by the remote notary is secure from unauthorized interception
or disclosure.
(4)
Notwithstanding any other provision of law, a remote notarization lawfully performed
under this chapter satisfies any provision of state law that requires an individual to
personally appear before, or be in the presence of, a notary at the time the notary
performs a notarial act.
Section 3. Section
46-1-3.7
is amended to read:
46-1-3.7
. Rulemaking authority for electronic notarization.
(1)
The director of elections in the Office of the Lieutenant Governor may make rules in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding
standards for and types of:
(a)
electronic software and hardware that:
(i)
a notary may use to perform an electronic notarization; and
(ii)
a remote notary may use to keep an electronic journal under Section
46-1-13
;
(b)
public and proprietary data sources that a remote notary may use to establish
satisfactory evidence of identity under Subsection
46-1-2
(20)(b)
46-1-2(25)(a)(i)(A)

or
(B)
;
(c)
dynamic knowledge-based authentication or biometric data analysis that a remote
notary may use to establish
satisfactory evidence of identity under Subsection
46-1-2(20)(a)(ii)
secondary authentication of identity
; and
(d)
electronic seals a notary may use to complete an electronic notarial certificate.
(2)
When making a rule under this section, the director of elections in the Office of the
Lieutenant Governor shall review and consider standards recommended by one or more
national organizations that address the governance or operation of notaries.
Section 4. Section
46-1-6
is amended to read:
46-1-6
. Powers and limitations.
(1)
A notary may perform the following
notarial
acts:
(a)
a jurat;
(b)
an acknowledgment;
(c)
a signature witnessing;
(d)
a copy certification; and
(e)
an oath or affirmation.
(2)
A notary may not:
(a)
perform an act as a notary that is not described in Subsection
(1)
; or
(b)
perform an act described in Subsection
(1)
if the individual for whom the notary
performs the notarial act is not in the presence of the notary at the time the notary
performs the act.
Section 5. Section
46-1-13
is amended to read:
46-1-13
. Journal required -- Exceptions.
(1)
A
For a notary other than a notary described in Subsection
(2)
:
(a)
the
notary may keep, maintain,
and
protect
as a public record
, and provide for
lawful inspection a chronological, permanently bound official journal of notarial acts,
containing numbered pages
.
;
(b)
if the notary keeps a journal under Subsection
(1)(a)
, Subsections
(3)
and
(4)
apply in
relation to the journal;
(2)
(c)
A
a
remote notary shall keep a secure electronic journal of each remote
notarization the notary performs
.
; and
(d)
Subsections
(3)
and
(4)
apply in relation to an electronic journal described in
Subsection
(1)(c)
.
(2)
A notary who receives a commission, or a new commission, on or after May 6, 2026:
(a)
shall, in accordance with Section
46-1-14
, keep, in a secure location, a physical
journal of each notarial act, other than a remote notarization, that the notary performs;
(b)
shall, in accordance with Section
46-1-14
, keep a secure electronic journal of each
remote notarization that the notary performs; and
(c)
is subject to the provisions of Subsections
(3)
and (4) in relation to the notary's
journal.
(3)
(a)
A notary shall retain a journal for 10 years after the day on which the notary
records the last notarial act in the journal, regardless of whether the notary ceases to
be a notary.
(b)
Following the 10-year period described in Subsection
(3)(a)
, the notary shall destroy
the journal by shredding or another means of destruction that renders all information
in the journal illegible.
(c)
A remote notary shall maintain, or ensure that a person that the notary designates as a
custodian under Subsection
46-1-15(2)(b)(i)
maintains, an electronic journal, and
each electronic recording of a remote notarization, for 10 years after the day on
which the notary records the last notarial act in the journal, regardless of whether the
notary ceases to be a notary.
(d)
Following the 10-year period described in Subsection
(3)(c)
, the notary shall destroy,
or ensure that the custodian designated under Subsection
46-1-15(2)(b)(i)
erases and
overwrites, or otherwise destroys, the electronic journal, and, for each remote
notarization recorded in the journal, the electronic recording of the remote
notarization, including all backups, by a means that renders all of the data
irretrievable.
(4)
Notwithstanding the provisions of this chapter:
(a)
a notary who is employed by an attorney or a law firm is not required to keep a
journal of notarial acts performed by the notary in the course and scope of the
notary's employment by the attorney or law firm;
(b)
a journal or other record of a notarial act performed by the notary in the course and
scope of the notary's employment by the attorney or law firm is the property of the
attorney or law firm and is not subject to disclosure or inspection by the lieutenant
governor;
(c)
the provisions of this chapter do not require an attorney or law firm to take any
action that would constitute a violation of the attorney-client privilege;
(d)
a notary who is employed by a title agency is not required to keep a journal of
notarial acts performed by the notary in the course and scope of the notary's
employment by the title agency; and
(e)
a journal or other record of a notarial act performed by the notary in the course and
scope of the notary's employment by a title agency is the property of the title agency
and is not subject to disclosure or inspection by the lieutenant governor.
Section 6. Section
46-1-14
is amended to read:
46-1-14
. Sunsetting provisions for entries in journal -- Required information.
(1)
This section applies only to a notary described in Subsection
46-1-13(1)
.
(1)
(2)
A notary may, for each notarial act the notary performs, and a remote notary shall,
for each notarial act the remote notary performs remotely, record the following
information in the journal described in Section
46-1-13
at the time of notarization:
(a)
the date and time of day of the notarial act;
(b)
the type of notarial act;
(c)
the type title, or a description of the document, electronic record, or proceeding that
is the subject of the notarial act;
(d)
the signature and printed name and address of each individual for whom a notarial
act is performed;
(e)
the evidence of identity of each individual for whom a notarial act is performed, in
the form of:
(i)
a statement that the person is personally known to the notary;
(ii)
a description of the identification document and the identification document's
issuing agency, serial or identification number, and date of issuance or expiration;
(iii)
the signature and printed name and address of a credible
witness
individual

swearing or affirming to the person's identity; or
(iv)
if used for a remote notarization, a description of the
dynamic knowledge-based
authentication or biometric data analysis that was used to provide satisfactory
evidence of identity under Subsection 46-1-2(20)(a)(ii)
secondary authentication
of identity used for the remote notarization
; and
(f)
the fee, if any, the notary charged for the notarial act.
(2)
(3)
A notary may record in the journal a description of the circumstances under which
the notary refused to perform or complete a notarial act.
(3)
(4)
(a)
A remote notary shall include
with the journal
, for each electronic
notarization recorded in the electronic journal,
a copy of the electronic recording of
the remote notarization.
(b)
The electronic recording is not a public record and is not a part of the notary's
journal.
(4)
A remote notary shall maintain, or ensure that a person that the notary designates as a
custodian under Subsection 46-1-15(2)(b)(i) maintains, for a period of five years, the
information described in Subsections (1) and (3) for each remote notarization the notary
performs.
Section 7. Section
46-1-14.1
is enacted to read:
46-1-14.1
. Entries in journal -- Required information.
(1)
This section applies to a notary who receives a commission, or a new commission, on or
after May 6, 2026.
(2)
A journal shall:
(a)
unless the journal is an electronic journal, consist of one or more permanently bound
records, with each page listed in chronological order; and
(b)
subject to Subsection
(4)
, consist of a chronological record of each notarial act that
the notary performs, completed by the notary at the time the notary completes the
notarial act, including the following for each notarial act:
(i)
the date and time of the notarial act;
(ii)
the type of notarial act performed;
(iii)
(A)
the title of the record for which the notary performs the notarial act; or
(B)
a description of the record or proceeding for which the notary performs the
notarial act;
(iv)
if the satisfactory evidence of identity of the individual for whom the notary
performs the notarial act is of the type described in Subsection
46-1-2(25)(a)(i)(A)

or
(B)
, a description of the identification that states:
(A)
the identification type;
(B)
the issuing agency of the identification;
(C)
the last four digits of the identification number;
(D)
the date the identification was issued; and
(E)
the date the identification expires;
(v)
if the satisfactory evidence of identity of the individual for whom the notary
performs the notarial act is a credible individual described in Subsection
46-1-2(25)(a)(i)(C)
:
(A)
an indication that the notary administered an oath or affirmation to the
credible individual, including the individual's signature;
(B)
a statement that the individual described in Subsection
(2)(b)(v)(A)
is a
credible individual whom the notary personally knows; and
(C)
the printed name and address of the credible individual;
(vi)
if the satisfactory evidence of identity of the individual for whom the notary
performs the notarial act is a credible individual described in Subsection
46-1-2(25)(a)(i)(D)
:
(A)
an indication that the notary administered the oath or affirmation to the
credible individual, including the individual's signature, to verify:
(I)
the identity of the individual seeking the notarial act; and
(II)
that the credible individual personally knows the individual seeking the
notarial act;
(B)
the printed name and address of the credible individual; and
(C)
a description of the identification, described in Subsection
46-1-2(25)(a)(i)(D)(III)
, of the credible individual that states:
(I)
the identification type;
(II)
the issuing agency of the identification;
(III)
the last four digits of the identification number;
(IV)
the date the identification was issued; and
(V)
the date the identification expires;
(vii)
for a remote notarization only, in addition to the information required under
Subsections
(2)(b)(iv)
through
(vi)
, a record of the secondary authentication of
identity;
(viii)
if the notary administered an oath or affirmation, an indication that the notary
administered the oath or affirmation;
(ix)
the signature, printed name, and address of the individual for whom the notary
performs the notarial act; and
(x)
the fee charged, if any, by the notary.
(3)
A remote notary shall, for each electronic notarization performed by the remote notary:
(a)
record in the remote notary's electronic journal, the information described in
Subsection
(2)(b)
; and
(b)
include with the notary's electronic journal a copy of the electronic recording of the
remote notarization.
(4)
(a)
A notary may make a single entry in a journal to document more than one notarial
act if the notarial acts are performed for the same individual at the same time on:
(i)
one record; or
(ii)
similar records.
(b)
When performing a notarial act for an individual, a notary is not required to have the
individual sign the journal if:
(i)
(A)
the notary has performed a notarial act for the individual within 180 days
before the day on which the notary performs the notarial act;
(B)
the notary has personal knowledge of the identity of the individual;
(C)
the individual is an employer or a coworker of the notary;
(D)
the notarial act relates to a transaction performed in the ordinary course of the
individual's business; and
(E)
the notary enters "known personally" in place of the evidence otherwise
required for the detailed record described in Subsection; or
(ii)
for a remote notarization, the notary uses the electronic journal to:
(A)
capture and record the individual's signature; and
(B)
associate the signature with the remote notarization.
(5)
If a notary or remote notary refuses to perform or complete a notarial act, the notary
shall record in the journal:
(a)
the information described in Subsection
(2)(b)
that the notary was able to obtain; and
(b)
a description of the reason the notary refused to perform or complete the notarial act.
Section 8. Section
46-1-15
is amended to read:
46-1-15
. Inspection of journal -- Safekeeping and custody of journal -- Nature of
record.
(1)
Except as provided in Subsection
(2)(b)
,
if a notary maintains a journal, the
a
notary
shall:
(a)
keep the
notary's
journal in the notary's exclusive custody; and
(b)
ensure that the journal is not used by any other person for any purpose.
(2)
(a)
A remote notary shall:
(i)
ensure that the electronic journal and electronic recording described in Section
46-1-14
that is maintained by the remote notary is a secure and authentic record of
the remote notarizations that the notary performs;
(ii)
maintain a backup electronic journal and electronic recording; and
(iii)
protect the backup electronic journal and electronic recording described in
Subsection
(2)(a)(ii)
from unauthorized access or use.
(i)
ensure that the electronic journal, and the electronic recording of each remote
notarization, are a secure and authentic record of the remote notarizations that the
remote notary performs; and
(ii)
maintain, and protect from unauthorized access or use, a backup of the electronic
journal, and the electronic recording of each remote notarization recorded in the
journal.
(b)
(i)
A remote notary may designate as a custodian of the remote notary's electronic
journal and
the
electronic recording
described in Section
46-1-14
of each remote
notarization
:
(A)
subject to Subsection
(3)
, the remote notary's employer that employs the
remote notary to perform notarizations; or
(B)
except as provided in Subsection
(2)(b)(iii)
, an electronic repository that
grants the remote notary sole access to the electronic journal and electronic
recording and does not allow the person who operates the electronic repository
or any other person to access the
notary's electronic
journal, information in the
journal, or
the
an
electronic recording
of a remote notarization
for any
purpose.
(ii)
A remote notary
that
who
designates a custodian under Subsection
(2)(b)(i)
shall
execute an agreement with the custodian that requires the custodian to comply
with the safety and security requirements
, record retention requirements, and
record destruction requirements
of this chapter with regard to the
remote notary's
electronic journal, the information in the
remote notary's
electronic journal, and
the electronic
recording
recordings
.
(iii)
An electronic repository described in Subsection
(2)(b)(i)(B)
may access
an
a
remote notary's
electronic journal, information
contained in an electronic journal,
and the electronic recording
in the journal, and the electronic recording of each
remote notarization
:
(A)
for a purpose solely related to completing, in accordance with this chapter, the
notarization for which the journal or information in the journal is accessed;
(B)
for a purpose solely related to complying with the requirements to retain and
store records under this chapter; or
(C)
if required under a court order.
(3)
The notary's employer may not require the notary to surrender the journal or the
electronic recording upon termination of the notary's employment.
(4)
The lieutenant governor or a designee of the lieutenant governor may inspect a notary's
journal or a remote notary's electronic recordings relating to a notarial act:
(a)
to ensure compliance with the requirements of this chapter or a related provision of
law; or
(b)
to verify the authenticity of a notarial act.
(5)
(a)
Except as provided in Subsection
(5)(b)
or
(7)
, an individual may, during the
notary's normal business hours, inspect or request a copy of an entry for a specific
notarial act in the notary's journal, if:
(i)
the notary personally knows the individual or verifies the individual's identity by
satisfactory evidence of identity;
(ii)
the individual specifies:
(A)
the type of notarial act the individual desires to inspect;
(B)
the document to which the notarial act relates;
(C)
the month and year of the notarial act; and
(D)
the name of the principal to which the notarial act relates;
(iii)
the individual affixes the individual's signature in the journal, as a separate entry
that contains:
(A)
the individual's name and address;
(B)
the method used to identify the individual;
(C)
the notarial record the individual inspects or of which the individual requests a
copy;
(D)
the date of the inspection or request; and
(E)
the reason for the inspection or request; and
(iv)
the individual inspects, or the notary provides a copy of, only the entry requested
by the individual.
(b)
A notary may refuse to allow an inspection, or provide a copy, under Subsection
(5)(a)
, if the notary has a reasonable, articulable belief that the individual is seeking
the inspection with criminal or other harmful intent.
(6)
(a)
As used in this Subsection
(6)
, "official request" means:
(i)
a request made by law enforcement relating to a law enforcement investigation;
(ii)
a subpoena issued under the authority of law or under court authority; or
(iii)
a court order.
(b)
Except as provided in Subsection
(7)
, a notary shall, in accordance with Subsection
(6)(c)
, comply with an official request to:
(i)
inspect a journal, an entry in a journal, or an electronic recording of a remote
notarization; or
(ii)
provide a certified copy of a notarial act or entry in the notary's journal.
(c)
Compliance with an official request is limited to:
(i)
the scope of the investigation described in Subsection
(6)(a)(i)
; or
(ii)
the extent expressly stated in the subpoena or court order.
(7)
If a portion of a remote notarization includes biometric information or an image of
identification used for the remote notarization, the notary may not allow inspection or
release of that portion, unless:
(a)
the individual to whom the information or identification relates consents, in writing,
to the inspection or release;
(b)
ordered by a court with jurisdiction; or
(c)
requested by the lieutenant governor or a designee of the lieutenant governor.
(8)
The following are not a record under Title 63G, Chapter 2, Government Records Access
and Management Act:
(a)
a journal; or
(b)
an electronic recording of a remote notarization.
Section 9. Section
46-1-16
is amended to read:
46-1-16
. Official signature -- Official seal -- Destruction of seal -- Unlawful use of
seal -- Criminal penalties.
(1)
In completing a notarial act, a notary shall sign on the notarial certificate exactly and
only the name indicated on the notary's commission.
(2)
(a)
Except as provided in Subsection
(2)(d)
, a notary shall keep an official seal, and a
remote notary shall keep an electronic seal and electronic signature, that is the
exclusive property of the notary.
(b)
Except as provided in Subsection
(2)(d)
, a notary's official seal, electronic seal, or
electronic signature may not be used by any other person.
(c)
(i)
Each official seal used for an in-person notarization shall be in purple ink.
(ii)
Each official seal used for a remote notarization shall be rendered in black.
(d)
(i)
A remote notary may allow a person that provides an electronic seal to the
remote notary under Section
46-1-17
to act as guardian over the electronic seal.
(ii)
Except as provided in Subsection
(2)(d)(iii)
, a guardian described in Subsection
(2)(d)(i)
shall store the seal in a secure manner that prevents any person from:
(A)
accessing the seal, other than the guardian and the remote notary named on
the seal; or
(B)
using the seal to perform a notarization, other than the remote notary named
on the seal.
(iii)
A guardian that a notary designates under Subsection
(2)(d)(i)
may access and
use the seal of the notary:
(A)
for a purpose solely related to completing, in accordance with this chapter, the
notarization, by the notary, for which the seal is accessed or used;
(B)
for a purpose solely related to complying with the requirements to obtain,
store, and protect the seal under this chapter; or
(C)
if required under a court order.
(3)
(a)
A notary shall obtain a new official seal:
(i)
when the notary receives a new commission; or
(ii)
if the notary changes the notary's name of record at any time during the notary's
commission.
(b)
Subject to Subsection
(3)(c)
, a notary shall affix the official seal near the notary's
official signature on a notarial certificate and shall include a sharp, legible, and
photographically reproducible rendering of the official seal that consists of:
(i)
the notary public's name exactly as indicated on the notary's commission;
(ii)
the words "notary public," "state of Utah," and "my commission expires on
(commission expiration date)";
(iii)
the notary's commission number, exactly as indicated on the notary's commission;
(iv)
a facsimile of the great seal of the state; and
(v)
a rectangular border no larger than one inch by two and one-half inches
surrounding the required words and official seal.
(c)
When performing a remote notarization, a remote notary shall attach the remote
notary's electronic signature and electronic seal under Subsection
(3)(b)
to an
electronic notarial certificate in a manner that makes evident any subsequent change
or modification to:
(i)
the notarial certificate; or
(ii)
any electronic record, that is a part of the notarization, to which the notarial
certificate is attached.
(4)
A notary may use an embossed seal impression that is not photographically reproducible
in addition to, but not in place of, the photographically reproducible official seal
required in this section.
(5)
A notary shall affix the official seal in a manner that does not obscure or render illegible
any information or signatures contained in the document or in the notarial certificate.
(6)
A notary may not use an official seal independent of a notarial certificate.
(7)
Except for a notarial certificate that is completed as a part of a remote notarization, a
notarial certificate on an annexation, subdivision, or other map or plat is considered
complete without the imprint of the notary's official seal if:
(a)
the notary signs the notarial certificate in permanent ink; and
(b)
the following appear below or immediately adjacent to the notary's signature:
(i)
the notary's name and commission number appears exactly as indicated on the
notary's commission;
(ii)
the words "A notary public commissioned in Utah"; and
(iii)
the expiration date of the notary's commission.
(8)
A notarial certificate on an electronic message or document is considered complete
without the notary's official seal if the following information appears electronically
within the message or document:
(a)
the notary's name and commission number appearing exactly as indicated on the
notary's commission; and
(b)
the words "notary public," "state of Utah," and "my commission expires on______
(date)".
(9)
(a)
When a notary resigns or the notary's commission expires or is revoked, the
notary shall:
(i)
destroy the notary's official seal and certificate; and
(ii)
if the notary is a remote notary, destroy any coding, disk, certificate, card,
software, or password that enables the remote notary to affix the remote notary's
electronic signature or electronic seal to a notarial certificate.
(b)
A former remote notary shall certify to the lieutenant governor in writing that the
former remote notary has complied with Subsection
(9)(a)(ii)
within 10 days after the
day on which the notary resigns or the notary's commission expires or is revoked.
(10)
(a)
As used in this Subsection
(10)
, "authority" means:
(i)
legal authority; or
(ii)
authority granted by a notary for a person to provide maintenance, repair, or
technical support in relation to:
(A)
the notary's journal; or
(B)
equipment, hardware, software, computer code, or an electronic storage
medium, used or intended for use in performing a notarial act.
(b)
An actor commits unlawful interference with a notary if the person, without
authority, knowingly, uses, forges, takes, accesses, conceals, damages, destroys, or
alters:
(i)
a notary's signature or electronic signature;
(ii)
a notarial certificate or electronic notarial certificate;
(iii)
an official seal;
(iv)
the equipment, hardware, software, computer code, or electronic storage medium
used or intended for use in performing a notarial act;
(v)
a journal; or
(vi)
an electronic recording of a remote notarization.
(c)
A violation of Subsection
(10)(b)
is a class B misdemeanor.
(d)
If a notary discovers that unlawful interference with a notary has occurred in relation
to the notary, or to any item described in Subsection
(10)(b)
over which the notary
has custody or control, the notary shall immediately:
(i)
notify a law enforcement officer with jurisdiction of the violation; and
(ii)
provide written notice of the discovery to the lieutenant governor.
(e)
If a notary discovers that any item described in Subsection
(10)(b)
over which the
notary has custody or control is lost, damaged, or destroyed, the notary shall
immediately provide written notice of the discovery to the lieutenant governor.
(f)
A notary shall:
(i)
provide the notice described in Subsection
(10)(d)(ii)
or
(e)
by:
(A)
email, using the address provided on the website for the Notary Department,
within the Office of the Lieutenant Governor;
(B)
certified mail; or
(C)
another delivery method that provides a receipt confirming delivery; and
(ii)
include in the notice:
(A)
the notary's name, address, and commission number;
(B)
a description of the discovery and the relevant facts;
(C)
if the matter involves a journal or an electronic recording of a remote
notarization, the time period covered by the affected journal or electronic
recordings; and
(D)
if the discovery involves unlawful interference under Subsection
(10)(b)
, the
information necessary for the lieutenant governor to identify and obtain the
related police report.
(10)
(a)
A person who, without authorization, knowingly obtains, conceals, damages, or
destroys the certificate, disk, coding, card, program, software, or hardware enabling a
remote notary to affix an official electronic signature or electronic seal to an
electronic record is guilty of a class B misdemeanor.
(b)
A remote notary shall immediately notify the lieutenant governor if the notary
becomes aware that the notary's electronic signature, electronic seal, electronic
journal, or information from the journal has been lost, stolen, or used unlawfully.
Section 10.
Repealer.
Short title.
Section 11.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-11-26 11:50 AM