Entries in journal -- Required information.

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  • (1) A notary may, for each notarial act the notary performs, and a remote notary shall, for each notarial act the remote notary performs remotely, record the following information in the journal described in Section 46-1-13 at the time of notarization:
    • (a) the date and time of day of the notarial act;
    • (b) the type of notarial act;
    • (c) the type title, or a description of the document, electronic record, or proceeding that is the subject of the notarial act;
    • (d) the signature and printed name and address of each individual for whom a notarial act is performed;
    • (e) the evidence of identity of each individual 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 and the identification document's issuing agency, serial or identification number, and date of issuance or expiration;
      • (iii) the signature and printed name and address of a credible witness swearing or affirming to the person's identity; or
      • (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 Subsection 46-1-2(19)(a)(ii); and
    • (f) the fee, if any, the notary charged for the notarial act.
  • (2) A notary may record in the journal a description of the circumstances under which the notary refused to perform or complete a notarial act.
  • (3)
    • (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.
  • (4) A remote notary shall maintain, or ensure that a person that the notary designates as a custodian under Subsection 46-1-15(2)(b)(i) maintains, for a period of five years, the information described in Subsections (1) and (3) for each remote notarization the notary performs.




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