(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.

Terms Used In Utah Code 46-1-3.6

  • 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.
  • notarization: means an act that a notary is authorized to perform under Section 46-1-6. See Utah Code 46-1-2
  • Notary: includes a remote notary. See Utah Code 46-1-2
  • Personally known: 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. See Utah Code 46-1-2
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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. See Utah Code 46-1-2
  • Remote notary: means a notary that holds an active remote notary certification under Section 46-1-3. See Utah Code 46-1-2
  • Satisfactory evidence of identity: means :
(i) for both an in-person and remote notarization, identification of an individual based on:
(A) subject to Subsection (19)(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 (19)(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. 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 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(19)(a)(i)(A) or passport described in Subsection 46-1-2(19)(a)(i)(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 of each remote notarization and store the recording in accordance with Sections 46-1-14 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.

    Enacted by Chapter 192, 2019 General Session