(1)  A correctly completed affidavit in substantially the form described in this section, that is included in or attached to a document, is sufficient for the completion of a notarization under this Title 46, Chapter 1, Notaries Public Reform Act.

Terms Used In Utah Code 46-1-6.5

  • Acknowledgment: means a notarial act in which a notary certifies that a signer, whose identity is personally known to the notary or proven on the basis of satisfactory evidence, has admitted, in the presence of the notary, to voluntarily signing a document for the document's stated purpose. See Utah Code 46-1-2
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • affirmation: means a notarial act in which a notary certifies that a person made a vow or affirmation in the presence of the notary on penalty of perjury. See Utah Code 46-1-2
  • Before me: means that an individual appears in the presence of the notary. See Utah Code 46-1-2
  • Copy certification: means a notarial act in which a notary certifies that a photocopy is an accurate copy of a document that is neither a public record nor publicly recorded. 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.
  • Jurat: means a notarial act in which a notary certifies:
(a) the identity of a signer who:
(i) is personally known to the notary; or
(ii) provides the notary satisfactory evidence of the signer's identity;
(b) that the signer affirms or swears an oath attesting to the truthfulness of a document; and
(c) that the signer voluntarily signs the document in the presence of the notary. See Utah Code 46-1-2
  • Notarial certificate: means the affidavit described in Section 46-1-6. See Utah Code 46-1-2
  • 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
  • Person: means :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
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Signature witnessing: means a notarial act in which an individual:
    (a) appears in the presence of the notary and presents a document;
    (b) provides the notary satisfactory evidence of the individual's identity, or is personally known to the notary; and
    (c) signs the document in the presence of the notary. See Utah Code 46-1-2
  • Swear: includes "affirm. See Utah Code 68-3-12.5
  • (2) 

    (a)  A notary shall ensure that a signer takes the following oath or makes the following affirmation before the notary witnesses the signature for a jurat:
         “Do you swear or affirm under penalty of perjury that the statements in your document are true?”

    (b)  An affidavit for a jurat that is in substantially the following form is sufficient under Subsection (1):
         “State of Utah
         §
         County of ____________
         Subscribed and sworn to before me (notary public name), on this (date) day of (month), in the year (year), by (name of document signer).
         ( Notary‘s Official Seal) ____________________________________
         Notary Signature”.

    (3)  An affidavit for an acknowledgment that is in substantially the following form is sufficient under Subsection (1):
         “State of Utah
         §
         County of ____________
         On this (date) day of (month), in the year (year), before me (name of notary public), a notary public, personally appeared (name of document signer), proved on the basis of satisfactory evidence to be the person(s) whose name(s) (is/are) subscribed to in this document, and acknowledged (he/she/they) executed the same. ( Notary’s Official Seal) ____________________________________
         Notary Signature”.

    (4)  An affidavit for a copy certification that is in substantially the following form is sufficient under Subsection (1):
         “State of Utah
         §
         County of ____________
         On this (date) day of (month), in the year (year), I certify that the preceding or attached document is a true, exact, and unaltered photocopy of (description of document), and that, to the best of my knowledge, the photocopied document is neither a public record nor a publicly recorded document.
    ( Notary’s Official Seal) ____________________________________
         Notary Signature”.

    (5)  An affidavit for a signature witnessing that is in substantially the following form is sufficient under Subsection (1):
         “State of Utah
         §
         County of ____________
         On this (date) day of (month), in the year (year), before me, (name of notary public), personally appeared (name of document signer), proved to me through satisfactory evidence of identification, which was (form of identification), to be the person whose name is signed on the preceding or attached document in my presence.( Notary’s Official Seal) ____________________________________
         Notary Signature”.

    (6)  A remote notary shall ensure that the notarial certificate described in this section that is used for a remote notarization includes a statement that the remote notary performed the notarization remotely.

    Amended by Chapter 192, 2019 General Session