Utah Notary Study Guide: Notarial Acts, Fees, and Journal Rules

The Utah notary exam is a 35-question online test worth 65 points total, and you need at least 61 points to pass. Ten questions are worth 4 points each and the remaining 25 are worth 1 point each, so the high-value questions decide whether you pass or fail.¹ The test is hosted on the Lieutenant Governor’s website, and the $95 administration fee is charged immediately after you take it, pass or fail.²

If you miss the passing score, you have 30 days from your first attempt to retake it for $40 per try. After that window closes, you start fresh and owe the full $95 again.²

The Four Notarial Acts

The heaviest-scoring questions tend to focus on distinguishing between the four notarial acts. Mixing them up on a scenario question is the fastest way to lose 4 points at a time.

Acknowledgment

In an acknowledgment, the signer appears before you and confirms that they voluntarily signed a document for its stated purpose.³ The detail that catches test-takers: the signer does not have to sign in front of you. They just need to appear and acknowledge a signature already on the document.⁴ No oath, no affirmation.

Jurat

A jurat adds two things an acknowledgment doesn’t require. The signer must sign the document in your presence, and the signer must take an oath or affirmation swearing the contents are truthful.³ An acknowledgment confirms identity and willingness; a jurat also puts the signer under oath about truthfulness.

Signature Witnessing

Signature witnessing confirms the identity of a person who signs a document in your presence. There is no oath, so no sworn statement about the document’s accuracy.³ The signer still has to appear and present identification.

Copy Certification

Copy certification confirms that a photocopy accurately reproduces an original document. The limitation to memorize: you cannot certify copies of public records or publicly recorded documents.³ Birth certificate? No. Recorded deed? No.

Identifying the Signer

Every notarial act requires that the signer appear before you and that you confirm their identity. Utah law gives you three acceptable methods: personal knowledge of the individual, a valid government-issued photo ID showing the signer’s photograph, signature, and physical description, or the sworn statement of a credible person you personally know who also personally knows the signer.³

You can notarize for family members or coworkers without an ID if you know them well enough to eliminate every reasonable doubt about their identity. But the burden of proving that relationship falls on you if the notarization is ever challenged.⁴

What “In the Presence of the Notary” Means

Expect at least one scenario question on presence. Under Utah law, “in the presence of the notary” means either physically present in close enough proximity that you can see and hear the signer, or connected through an approved audio-video communication platform for a lawful remote online notarization.³ For a standard in-person notarization, the signer must be with you. Phone calls, text messages, and unapproved video chats don’t count.⁵

Prohibited Acts

You may not notarize a document in which you have a direct financial interest, and you may not notarize your own signature. The entire function of a notary depends on being an impartial witness, and self-interest destroys impartiality. Letting another person use your notary seal is a Class B misdemeanor and grounds for commission revocation.⁵

The other prohibition that shows up on the exam is the unauthorized practice of law. Only active, licensed members of the Utah State Bar may practice law, which includes advising, counseling, or drafting documents by applying legal principles to someone’s specific situation.⁶ As a notary you witness and certify. You do not explain what a document means, recommend whether someone should sign, or fill in blanks on legal forms. The Utah State Bar specifically warns that a “notario” cannot help people with legal issues, a distinction that matters in communities where the Spanish term “notario público” implies a licensed legal professional.

Maximum Fees

Utah caps what you can charge for each type of notarial act. Overcharging violates the Notaries Public Reform Act.⁷

Acknowledgment: $10 per signature
Jurat: $10 per signature
Signature witnessing: $10 per signature
Certified copy: $10 per page certified
Oath or affirmation without a signature: $10 per person
Any act performed as a remote notarization: $25

You may charge a travel fee when you go to the signer, but it cannot exceed the approved federal mileage rate. You must tell the signer in advance that the travel fee is separate from the notarial fee and is not set by law, and both of you must agree on the amount before you travel.⁷ You are required to display an English-language schedule of your fees.

A separate cap: regardless of your notary capacity, you cannot charge more than $10 per individual for each set of forms related to an immigration status change. Licensed attorneys providing professional immigration legal services are exempt from that limit.⁷

Journal Rules

Journal requirements split based on how you perform the notarization. For in-person notarizations, recording details is permissive — you may record them. For remote notarizations, recording is mandatory.⁸

Even where the journal is optional, keeping detailed entries is the best evidence you followed proper procedure if a notarization is later challenged. Entries can record the date and time, the type of act, a description of the document, the signer’s printed name, signature, and address, the identification method used, and the fee charged.

You must keep your journal for 10 years after the last recorded act, even if your commission expires or you stop notarizing. After those 10 years, the journal must be destroyed.⁹

Your Official Seal

You must obtain an official seal before performing any notarial acts. Utah Code 46-1-16 specifies what the seal must contain.¹⁰

Rectangular border, no larger than one inch by two and one-half inches
Purple ink for in-person notarizations
Your name exactly as it appears on your commission, “Notary Public,” “State of Utah,” and your commission expiration date
Your commission number and a facsimile of the Great Seal of the State of Utah

Seal vendors cannot sell you one without a copy of your commission and a notarized declaration confirming you are a duly commissioned notary.¹¹

Remote Online Notarization Is a Separate Certification

A standard Utah commission does not authorize you to perform remote online notarizations. To add that capability, you must already hold a standard commission, increase your surety bond by $10,000 through a rider or a separate bond, sign up with a state-approved remote notary vendor, and obtain a digital signing certificate and electronic seal through that vendor. The remote notary application is submitted by email to the Lieutenant Governor’s office with a separate $50 application fee.

During a remote notarization, you must verify the signer’s identity by requiring them to transmit an image of a government-issued photo ID or passport of sufficient quality for you to confirm who they are. You must create an audio and video recording of each remote act and store it under the same records-retention rules that apply to your other notarial records. You must be physically located in Utah when you perform any remote notarization.¹²

What Happens After You Pass

Passing the exam does not commission you. After you pass, you’re directed to the Lieutenant Governor’s online portal to upload your oath of office and surety bond and to verify your application information.¹³ Mailed applications are not accepted.

The bond is a four-year, $5,000 surety bond executed by a company authorized to write surety bonds in Utah. It protects the public rather than you: an injured party can file a claim against the bond to recover damages up to $5,000 if you commit misconduct.¹⁴ Most notary bonds cost around $50 for the full four-year term. Have it ready before you take the exam, because you upload it immediately after passing.

The oath of office reads: “I do solemnly swear (or affirm) that I will support, obey, and defend the Constitution of the United States and the Constitution of the State of Utah, and that I will discharge the duties of my office with fidelity.”¹⁵ You upload the signed form through the portal with your bond. Once everything is approved, your four-year commission begins and you can order your seal.

The $95 you paid at the exam covers both the test and the administration of your application, including the background check. There is no separate filing fee.²

Who Can Sit for the Exam

Confirm eligibility before you pay. Utah Code 46-1-3 requires that you be at least 18, able to read, write, and understand English, and either a U.S. citizen or a permanent resident under federal immigration law. You also must either live in Utah or have been employed in the state for at least 30 days immediately before applying.¹⁶

The citizenship or permanent-residency requirement surprises some applicants. Simply living in Utah or holding a work visa isn’t enough; you must fall into one of those two federal immigration categories.

Every applicant must submit to a background check and disclose any criminal convictions, including pleas of admission or no contest.¹⁶ A conviction isn’t automatically disqualifying. The portal allows you to upload a separate document explaining past crimes.² You must also disclose any previous issuances, denials, revocations, or suspensions of a notarial commission in any state.

1
Office of the Utah Lieutenant Governor. Utah Notary Public Study Guide and Handbook
2
Office of the Utah Lieutenant Governor. Process and Qualifications
3
Utah Legislature. Utah Code 46-1-2 – Definitions
4
The Office of the Utah Lieutenant Governor. FAQs
5
Notary.Utah.Gov. The Dos and Donts of a Utah Notary Public
6
Utah State Bar. Unauthorized Practice of Law
7
Office of the Utah Lieutenant Governor. Notarization Fee Change
8
Utah Legislature. Utah Code 46-1-14 – Sunsetting Provisions for Entries in Journal, Required Information
9
Office of the Utah Lieutenant Governor. 6 Things to Know About Keeping a Notary Journal
10
Utah Legislature. Utah Code 46-1-16 – Official Signature, Official Seal, Destruction of Seal, Unlawful Use of Seal, Criminal Penalties
11
Utah Legislature. Utah Code 46-1-17 – Obtaining Official Seal
12
Utah Legislature. Utah Code 46-1-3.6 – Remote Notarization Procedures
13
The Office of the Utah Lieutenant Governor. Notary.Utah.Gov
14
Notary.Utah.Gov. Notarial Bond
15
Office of the Utah Lieutenant Governor. Oath of Office
16
Utah Legislature. Utah Code 46-1-3 – Qualifications