46-1-2. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

As used in this chapter:

(1)"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.

(2)"Before me" means that an individual appears in the presence of the notary.

(3)"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.

(4)"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.

(5)"Electronic journal" means an electronic journal of notarial acts that a remote notary is required to keep under Subsection 46-1-13(1)(c) or (2)(b) .

(6)"Electronic notarization" means:

(a)a remote notarization; or

(b)a notarization:

(i)in an electronic format;

(ii)of a document that may be recorded electronically under Subsection 17-71-402(2) ; and

(iii)that conforms with rules made under Section 46-1-3.7 .

(7)"Electronic recording of a remote notarization" means an audio and video recording of the performance of a remote notarization.

(8)"Electronic seal" means an electronic version of the seal described in Section 46-1-16 , that conforms with rules made under Subsection 46-1-3.7(1)(d) , that a notary may attach to a notarial certificate to complete an electronic notarization.

(9)"Electronic signature" means the same as that term is defined in Section 46-4-102 .

(10)"In the presence of the notary" means that an individual:

(a)is physically present with the notary in close enough proximity to see and hear the notary; or

(b)communicates with a remote notary by means of 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 .

(a)"Journal" means:

(i)a physical journal of notarial acts that a notary keeps under Subsection 46-1-13(1)(a) or (2)(a) ; or

(ii)an electronic journal.

(b)"Journal" does not include an electronic recording of a remote notarization.

(12)"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.

(13)"Notarial act" means:

(a)a jurat;

(b)an acknowledgment;

(c)a signature witnessing;

(d)a copy certification; or

(e)an oath or affirmation.

(14)"Notarial certificate" means the affidavit described in Section 46-1-6.5 that is:

(a)a part of or attached to a notarized document; and

(b)completed by the notary and bears the notary's signature and official seal.

(15)"Notarization" means the performance of a notarial act.

(16)"Notarized" means that a notarial act or notarization is completed for a record or proceeding.

(a)"Notary" means an individual commissioned to perform notarial acts under this chapter.

(b)"Notary" includes a remote notary.

(18)"Notary public" means the same as notary.

(19)"Oath" or "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.

(20)"Official misconduct" means a notary's performance of any act prohibited or failure to perform any act mandated by this chapter or by any other law in connection with a notarial act.

(a)"Official seal" means the seal described in Section 46-1-16 that a notary may attach to a notarial certificate to complete a notarization.

(b)"Official seal" includes an electronic seal.

(22)"Personally knows" 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.

(23)"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.

(24)"Remote notary" means a notary that holds an active remote notary certification under Section 46-1-3.5 .

(a)"Satisfactory evidence of identity" means:

(i)for both in-person and remote notarization, identification of an individual based on:

(A)unexpired personal identification that:

(I)includes the individual's photograph, signature, and physical description; and

(II)is issued by the United States government, the government of a state, district, territory, or possession of the United States, a federally-recognized tribal government, or a foreign government;

(B)an unexpired passport issued by any nation;

(C)the oath or affirmation of a credible individual whom the notary personally knows and who personally knows the individual seeking the notarial act; or

(D)the oath or affirmation of a credible individual who:

(I)personally knows the individual seeking the notarial act;

(II)the notary does not personally know; and

(III)provides the notary with the credible individual's identification described in Subsection (25)(a)(i)(A) or

(B); and

(ii)for a remote notarization only, in addition to a method of identification described in Subsection (25)(a)(i) , secondary authentication of identity of:

(A)except as provided in Subsection (25)(a)(ii)(B) , the individual seeking the notarial act; or

(B)the credible individual described in Subsection (25)(a)(i)(D) , if the individual seeking the notarial act is identified under the method of identification described in Subsection (25)(a)(i)(D) .

(b)"Satisfactory evidence of identity" does not include:

(i)a driving privilege card under Subsection 53-3-207(12) ; or

(ii)a document other than a document described in Subsection (25)(a)(i)(A) or

(B).

(26)"Secondary authentication of identity" means a third party's verification of an individual's identity, in accordance with rules made under Section 46-1-3.7 , by means of:

(a)dynamic knowledge-based authentication, which may include requiring the individual to answer questions about the individual's personal information obtained from public or proprietary data sources; or

(b)analysis of the individual's biometric data, which may include facial recognition, voiceprint analysis, or fingerprint analysis.

(27)"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.

(28)"Title agency" means a person that provides title insurance, as defined in Section 31A-1-301 .

Amended by Chapter 56 , 2026 General Session