{"data":{"id":"us-ut/utah-code-46-1-3","jurisdiction":"us-ut","citation":"Utah Code § 46-1-3","heading":"Qualifications -- Application for notarial commission required -- Term.","body":"(1) Except as provided in Subsection (4), and subject to Section 46-1-3.5, the lieutenant governor shall commission as a notary any qualified individual who submits an application in accordance with this chapter.\n(2) To qualify for a notarial commission an individual shall:\n(a) be at least 18 years old;\n(b) lawfully reside in the state or be employed in the state for at least 30 days immediately before the individual applies for a notarial commission;\n(c) be able to read, write, and understand English;\n(d) submit an application to the lieutenant governor containing no significant misstatement or omission of fact, that includes:\n(i) the individual's:\n(A) name as it will appear on the commission;\n(B) residential address;\n(C) business address;\n(D) daytime telephone number; and\n(E) date of birth;\n(ii) an affirmation that the individual meets the requirements of this section;\n(iii) an indication of any criminal convictions the individual has received, including a plea of admission or no contest;\n(iv) all issuances, denials, revocations, suspensions, restrictions, and resignations of a notarial commission or other professional license involving the applicant in this or any other state;\n(v) an indication that the individual has passed the examination described in Subsection (6); and\n(vi) payment of an application fee that the lieutenant governor establishes in accordance with Section 63J-1-504;\n(e)\n(i) be a United States citizen; or\n(ii) have permanent resident status under Section 245 of the Immigration and Nationality Act; and\n(f) submit to a background check described in Subsection (3).\n(3)\n(a) The lieutenant governor shall:\n(i) request the Division of Human Resource Management to perform a criminal background check under Subsection 53-10-108(16) on each individual who submits an application under this section;\n(ii) require an individual who submits an application under this section to provide a signed waiver on a form provided by the lieutenant governor that complies with Subsection 53-10-108(4); and\n(iii) provide the Division of Human Resource Management the personal identifying information of each individual who submits an application under this section.\n(b) The Division of Human Resource Management shall:\n(i) perform a criminal background check under Subsection 53-10-108(16) on each individual described in Subsection (3)(a)(i); and\n(ii) provide to the lieutenant governor all information that pertains to the individual described in Subsection (3)(a)(i) that the department identifies or receives as a result of the background check.\n(4) The lieutenant governor may deny an application based on:\n(a) the applicant's conviction for a crime involving dishonesty or moral turpitude;\n(b) any revocation, suspension, or restriction of a notarial commission or professional license issued to the applicant by this or any other state;\n(c) the applicant's official misconduct while acting in the capacity of a notary; or\n(d) the applicant's failure to pass the examination described in Subsection (6).\n(5)\n(a) An individual whom the lieutenant governor commissions as a notary:\n(i) may perform notarial acts in any part of the state for a term of four years, unless the individual resigns or the commission is revoked or suspended under Section 46-1-19; and\n(ii) except through a remote notarization performed in accordance with this chapter, may not perform a notarial act for another individual who is outside of the state.\n(b)\n(i) After an individual's commission expires, the individual may not perform a notarial act until the individual obtains a new commission.\n(ii) An individual whose commission expires and who wishes to obtain a new commission shall submit a new application, showing compliance with the requirements of this section.\n(6)\n(a) Each applicant for a notarial commission shall take an examination that the lieutenant governor approves and submit the examination to a testing center that the lieutenant governor designates for purposes of scoring the examination.\n(b) The testing center that the lieutenant governor designates shall issue a written acknowledgment to the applicant indicating whether the applicant passed or failed the examination.\n(7)\n(a) A notary shall maintain permanent residency or employment in the state during the term of the notary's notarial commission.\n(b) A notary who does not maintain permanent residency or employment under Subsection (7)(a) shall resign the notary's notarial commission in accordance with Section 46-1-21.","path":["Title 46 Notarization and Authentication of Documents, Electronic Signatures, and Legal Material","Chapter 46-1 Notaries Public Reform Act"],"source_url":"https://le.utah.gov/xcode/Title46/Chapter1/46-1-S3.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"a39b46793dfc6eb095f412318be08321693cd7203ea96e814994231eac588d67","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-46-1-2","next":"us-ut/utah-code-46-1-3.5"},"notice":"GroundRules: Original legal text. Not legal advice."}