| (1) |
Except as provided in Subsection (2)(b), if a notary maintains a journal, the notary shall:
Terms Used In Utah Code 46-1-15
| (a) |
keep the 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. |
|
| (b) |
| (i) |
A remote notary may designate as a custodian of the remote notary’s electronic journal and electronic recording described in Section 46-1-14:
| (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 journal, information in the journal, or the electronic recording for any purpose. |
|
| (ii) |
A remote notary that 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 of this chapter with regard to the electronic journal, the information in the electronic journal, and the electronic recording. |
| (iii) |
An electronic repository described in Subsection (2)(b)(i)(B) may access an electronic journal, information contained in an electronic journal, and the electronic recording:
| (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. |
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| (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. |
Amended by Chapter 192, 2019 General Session
