State Codes and Statutes

Statutes > Utah > Title-46 > Chapter-01 > 46-1-3

46-1-3. Qualifications -- Commissioning -- Jurisdiction and term.
(1) Except as provided in Subsection (3), the lieutenant governor shall commission as anotary any qualified person who submits an application in accordance with this chapter.
(2) A person qualified for a notarial commission shall:
(a) be 18 years of age or older;
(b) lawfully reside in this state 30 days immediately preceding the filing for a notarialcommission and maintain permanent residency thereafter;
(c) be able to read, write, and understand English;
(d) submit an application to the lieutenant governor containing no significantmisstatement or omission of fact and include at least:
(i) a statement of the applicant's personal qualifications, the applicant's residence address,a business address in this state, and daytime telephone number;
(ii) the applicant's age and date of birth;
(iii) all criminal convictions of the applicant, including any pleas of admission and nolocontendere;
(iv) all issuances, denials, revocations, suspensions, restrictions, and resignations of anotarial commission or other professional license involving the applicant in this or any otherstate;
(v) the acknowledgment of a passing score by the applicant on a written examinationadministered under Subsection (5);
(vi) a declaration by the applicant; and
(vii) an application fee determined under Section 63J-1-504;
(e) be a Utah resident or have permanent resident status under Section 245 of theImmigration and Nationality Act; and
(f) be endorsed by two residents of the state who are over the age of 18.
(3) The lieutenant governor may deny an application based on:
(a) the applicant's conviction for a crime involving dishonesty or moral turpitude;
(b) any revocation, suspension, or restriction of a notarial commission or professionallicense issued to the applicant by this or any other state;
(c) the applicant's official misconduct while acting in the capacity of a notary; or
(d) the applicant's failure to pass the written examination.
(4) A person commissioned as a notary by the lieutenant governor may perform notarialacts in any part of this state for a term of four years, unless the person resigned or thecommission is revoked or suspended under Section 46-1-19.
(5) Each applicant for a notarial commission shall take a written examination approvedby the lieutenant governor and submit the examination to a testing center designated by thelieutenant governor for purposes of scoring the examination. The testing center designated bythe lieutenant governor shall issue a written acknowledgment to the applicant indicating whetherthe applicant passed or failed the examination.

Amended by Chapter 183, 2009 General Session