Key Takeaways
- Notaries may NOT perform any act not specifically authorized by Utah Code 46-1-6
- Self-notarization (notarizing your own signature) is strictly prohibited
- Notarizing when you have a financial interest in the transaction is prohibited
- Using the seal or performing acts after commission expires or is revoked is prohibited
- Charging fees in excess of statutory maximums is prohibited
Prohibited Acts for Utah Notaries
Utah Code Title 46, Chapter 1 establishes clear prohibitions for notary public conduct. Understanding these prohibited acts is essential for maintaining your commission and avoiding legal liability.
Categories of Prohibited Acts
1. Performing Unauthorized Acts
A notary may NOT perform any notarial act that is not specifically authorized by Utah Code 46-1-6.
Authorized acts (the ONLY acts permitted):
- Acknowledgments
- Jurats
- Oaths and affirmations
- Signature witnessing
- Copy certifications
Examples of unauthorized acts:
| Prohibited | Why |
|---|---|
| Certifying a translation | Not an authorized notarial act |
| Authenticating a photograph | Not an authorized notarial act |
| Issuing an apostille | State function, not a notary act |
| Certifying a marriage | Requires separate legal authority |
2. Notarizing Without Personal Appearance
A notary may NOT perform an act if the individual is not in the presence of the notary at the time the act is performed.
| Prohibited | Proper Action |
|---|---|
| Notarizing a mailed document with no signer present | Refuse; require personal appearance |
| Accepting faxed or emailed signatures | Refuse; original signature required |
| Video call notarization (unless RON certified) | Refuse; require in-person appearance |
3. Self-Notarization
A notary may NEVER notarize their own signature.
Why? A notary is an impartial witness. You cannot be an impartial witness to your own signature.
4. Financial Interest Disqualification
A notary may NOT notarize if they have a direct financial interest in the transaction.
| Scenario | Allowed? |
|---|---|
| Notarizing a contract where you receive payment | NO |
| Notarizing your own mortgage | NO |
| Notarizing a document that benefits you financially | NO |
| Notarizing for your employer's business (you're paid wages only) | Generally YES |
5. Acting After Expiration or Revocation
A notary may NOT use the official seal or perform any official act when:
- Commission has expired
- Commission has been revoked
- Commission has been suspended
| Situation | Action Required |
|---|---|
| Commission expires tomorrow | Stop performing acts at midnight tonight |
| Commission revoked | Stop immediately; surrender seal |
| Commission suspended | Stop until suspension lifted |
6. Overcharging Fees
A notary may NOT charge fees exceeding the statutory maximum:
| Act | Maximum Fee |
|---|---|
| Acknowledgment | $10 per signature |
| Jurat | $10 per signature |
| Oath/Affirmation | $10 per person |
| Signature Witnessing | $10 per signature |
| Copy Certification | $10 per page |
| Remote Notarization | $25 per act |
Additional Prohibitions
Backdating or Postdating
A notary may NOT:
- Date a notarial certificate with any date other than the actual date of the notarization
- Backdate to accommodate a signer's request
- Postdate to a future date
Incomplete Documents
A notary SHOULD NOT notarize documents with:
- Blank spaces that will be filled in later
- Missing pages
- No notarial certificate attached
Coerced or Incapacitated Signers
A notary may NOT notarize when they believe the signer:
- Is being coerced or forced to sign
- Does not understand the document
- Is incapacitated (mentally or physically unable to comprehend)
- Is intoxicated to the point of incapacity
On the Exam
- Self-notarization: Always prohibited
- Financial interest: Cannot notarize if you have a direct financial interest
- Expired commission: Must stop all notarial acts
- Overcharging: Violation of fee limits is prohibited
- Personal appearance: Required for traditional notarization
A notary's commission expires at midnight tonight. When must they stop performing notarial acts?
Which of the following scenarios would disqualify a notary from performing a notarization?
Can a Utah notary notarize their own signature?