UT Notary Prohibited Acts and Liability 2

Question 1

Which of the following is a prohibited act for a Utah notary public?

Accepted Answer

Notarizing their own signature on a document

Answer

Charging a fee for notarial services

Answer

Keeping a journal of notarial acts

Answer

Asking a signer for two forms of ID

Question 2

What is the consequence of a Utah notary willfully performing a false notarial act?

Accepted Answer

Potential criminal prosecution for a misdemeanor or felony

Answer

A fine of up to $25 only

Answer

Only a warning letter from the Lieutenant Governor

Answer

Automatic civil immunity

Question 3

A Utah notary is asked to notarize a document but the signer refuses to sign in front of them. What should the notary do?

Accepted Answer

Accept the pre-signed document and complete an acknowledgment

Answer

Refuse to perform the notarial act until the signer appears and provides proper identification

Answer

Accept the document if a witness confirms the signature

Answer

Notarize anyway and note the unusual circumstance in the journal

Question 4

Under Utah law, a notary is prohibited from using what term to advertise their notarial services?

Accepted Answer

'Notario' or 'Notario Público' in Spanish-language advertising

Answer

'Certified notary'

Answer

'Commissioner of oaths'

Answer

'Seal and sign specialist'

Question 5

Can a Utah notary notarize a document if they have reason to believe the signer does not understand what they are signing?

Accepted Answer

No, the notary must be satisfied the signer is competent and understands the transaction

Answer

Yes, the notary is not responsible for the signer's comprehension

Answer

Yes, if the signer verbally states they understand

Answer

Yes, but only if an attorney is also present

Question 6

What is the liability risk for a Utah notary who is an employee and performs a notarial act improperly at their employer's direction?

Accepted Answer

The notary remains personally liable for their own improper notarial acts regardless of employer direction

Answer

Only the employer is liable — the employee notary has no personal liability

Answer

Both the notary and employer share equal criminal liability automatically

Answer

Only the client who requested the notarization is liable