In-Person Paper Notarizations
Am I required by law to maintain a notary journal in Utah?
No, a notary public in the State of Utah is not required to maintain a notary journal. However, if remote online notarizations are legal in the State of Utah and the notary public is performing online notarizations, they may want to check any specific guidelines surrounding record keeping for remote online notarizations.
Recommended best practices for notary journals
Although the State of Utah does not require a notary public to complete a notary journal by law under most circumstances,
the following pieces of information are considered “best practice” to collect in a notary journal
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Date and time of each notarial act
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A description of the document and type of notarial act (e.g., Deed of trust, Acknowledgment)
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The printed full name, signature and address of each person for whom a notarial act is performed.
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A description of the identification document, its serial or identification number and its date of issuance or expiration
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The fee charged for the notarial service
It is important to remember that these “best practices” are just recommendations, and that a notary can include more or less information as long as they remain compliant with their State code.
Remote Online Notarizations
Is Remote Online Notarization (RON) approved in the State of Utah?
Yes, notaries in the State of Utah are authorized to perform remote online notarizations.
Do I have to record the Remote Online Notarization session?
Yes
"A remote notary shall create an audio and video recording of the performance of each remote notarization and store the recording in accordance with Sections 46-1-14 and 46-1-15."
What is the retention period for RON recordings?
5 years
“A remote notary shall maintain, or ensure that a person that the notary designates as a custodian under [UCA] Subsection 46-1-15(2)(b)(i) maintains, for a period of five years, the information described in [UCA 46-1-14] Subsections (1) and (3) for each remote notarization the notary performs” (UCA 46-1- 14[4]).
Do I have to log RON sessions in a journal?
Yes, Texas notaries must keep records of remote online notarizations
“A remote notary shall keep a secure electronic journal of each remote notarization the notary performs” (UCA 46-1-13[2]).
Journal format
Electronic journal required
“A remote notary shall keep a secure electronic journal of each remote notarization the notary performs” (UCA 46-1-13[2]).
Journal entry requirements
"a remote notary shall, for each notarial act the remote notary performs remotely, record the following information in the journal described in [UCA] Section 46-1-13 at the time of notarization:
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(a) the date and time of day of the notarial act;
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(b) the type of notarial act;
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(c) a description of the document or proceeding;
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(d) the signature and printed name and address of each person for whom a notarial act is performed;
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(e) the evidence of identity of each person for whom a notarial act is performed, in the form of: (i) a statement that the person is ‘personally known’ to the notary; (ii) a description of the identification document, its issuing agency, its serial or identification number, and its date of issuance or expiration; or (iii) the signature and printed name and address of a credible witness swearing or affirming to the person’s identity; (iv) if used for a remote notarization, a description of the dynamic knowledge-based authentication or biometric data analysis that was used to provide satisfactory evidence of identity under [UCA] Subsection 46-1-2(19)(a)(ii); and
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(f) the fee, if any, charged for the notarial act” (UCA 46-1-14[1]).
“(a) A remote notary shall include with the journal a copy of the electronic recording of the remote notarization. “(b) The electronic recording is not a public record and is not a part of the notary’s journal” (UCA 46- 1-14[3]).
Custodian
“(i) A remote notary may designate as a custodian of the remote notary’s electronic journal and electronic recording described in [UCA] Section 46-1-14:
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(A) subject to [UCA 46-1-15] Subsection (3), the remote notary’s employer that employs the remote notary to perform notarizations; or
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(B) except as provided in [UCA 46-1-15] Subsection (2)(b)(iii), an electronic repository that grants the remote notary sole access to the electronic journal and electronic recording and does not allow the person who operates the electronic repository or any other person to access the journal, information in the journal, or the electronic recording for any purpose.
“(ii) A remote notary that designates a custodian under [UCA 46-1-15] Subsection (2)(b)(i) shall execute an agreement with the custodian that requires the custodian to comply with the safety and security requirements of this chapter with regard to the electronic journal, the information in the electronic journal, and the electronic recording."
“(iii) An electronic repository described in [UCA 46-1-15] Subsection (2)(b)(i)(B) may access an electronic journal, information contained in an electronic journal, and the electronic recording:
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(A) for a purpose solely related to completing, in accordance with this chapter, the notarization for which the journal or information in the journal is accessed;
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(B) for a purpose solely related to complying with the requirements to retain and store records under this chapter; or
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(C) if required under a court order” (UCA 46-1-15[2][b]).
Reference Links
Helpful resources for Utah Notaries
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"Do's and Don'ts of Utah Notaries Public"
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Notary Public Handbook
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Office of the Utah Lieutenant Governor
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“A Notary’s Guide to Completing Journal Entries”
Disclaimer
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