(1)  A person may not provide an official seal to an individual claiming to be a notary, unless the individual presents a copy of the individual’s notarial commission, attached to a notarized declaration substantially as follows:
     Application for Notary‘s Official Seal
     I, __________________ (name of individual requesting seal), declare that I am a notary public duly commissioned by the state of Utah with a commission starting date of __________, a commission expiration date of_______________, and a commission number of ___________. As evidence, I attach to this statement a copy of my commission.

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class B misdemeanorup to 6 monthsup to $1,000
For details, see Utah Code § 76-3-204

Terms Used In Utah Code 46-1-17

  • 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. See Utah Code 46-1-2
  • 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. See Utah Code 46-1-2
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Notary: includes a remote notary. See Utah Code 46-1-2
  • Official seal: includes an electronic seal. See Utah Code 46-1-2
  • Person: means :Utah Code 68-3-12.5
  • Remote notary: means a notary that holds an active remote notary certification under Section 46-1-3. See Utah Code 46-1-2
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • (2) 

    (a)  Except as provided in Subsection (2)(b), an individual may not create, obtain, or possess an electronic seal unless the individual is a remote notary.

    (b)  A person is not guilty of a violation of Subsection (2)(a) if the person is a business that creates, obtains, or possesses an electronic seal for the sole purpose of providing the electronic seal to a certified remote notary.

    (3)  A person who provides, creates, obtains, or possesses an official seal in violation of this section is guilty of a class B misdemeanor.

    Amended by Chapter 192, 2019 General Session