46-1-3 - Qualifications -- Commissioning -- Jurisdiction and term.
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.
(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