(1)  A notarial commission is not effective until:

Terms Used In Utah Code 46-1-4

  • 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
  • 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
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • Oath: A promise to tell the truth.
  • Remote notary: means a notary that holds an active remote notary certification under Section 46-1-3. See Utah Code 46-1-2
  • (a)  the notary named in the commission takes a constitutional oath of office and files a $5,000 bond with the lieutenant governor that:

    (i)  a licensed surety executes for a term of four years beginning on the commission’s effective date and ending on the commission’s expiration date; and

    (ii)  conditions payment of bond funds to any person upon the notary’s misconduct while acting in the scope of the notary’s commission; and

    (b)  the lieutenant governor approves the oath and bond described in Subsection (1)(a).

    (2)  In addition to the requirements described in Subsection (1), a remote notary certification described in Section 46-1-3.5 is not effective until:

    (a)  the notary named in the remote notary certification files with the lieutenant governor evidence that the notary has obtained $5,000 of bond coverage, in addition to the bond coverage described in Subsection (1)(a), that:

    (i)  a licensed surety executes for a term that begins on the certification’s effective date and ends on the remote notary’s commission’s expiration date; and

    (ii)  conditions payment of bond funds to any person upon the remote notary’s misconduct while acting in the scope of the remote notary’s commission; and

    (b)  the lieutenant governor approves the additional bond coverage described in Subsection (2)(a).

    Amended by Chapter 192, 2019 General Session