Qualifications -- Application for notarial commission required -- Term.

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  • (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.
  • (2) To qualify for a notarial commission an individual shall:
    • (a) be at least 18 years old;
    • (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;
    • (c) be able to read, write, and understand English;
    • (d) submit an application to the lieutenant governor containing no significant misstatement or omission of fact, that includes:
      • (i) the individual's:
        • (A) name as it will appear on the commission;
        • (B) residential address;
        • (C) business address;
        • (D) daytime telephone number; and
        • (E) date of birth;
      • (ii) an affirmation that the individual meets the requirements of this section;
      • (iii) an indication of any criminal convictions the individual has received, including a plea of admission or no contest;
      • (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;
      • (v) an indication that the individual has passed the examination described in Subsection (6); and
      • (vi) payment of an application fee that the lieutenant governor establishes in accordance with Section 63J-1-504;
    • (e)
      • (i) be a United States citizen; or
      • (ii) have permanent resident status under Section 245 of the Immigration and Nationality Act; and
    • (f) submit to a background check described in Subsection (3).
  • (3)
    • (a) The lieutenant governor shall:
      • (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;
      • (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
      • (iii) provide the Division of Human Resource Management the personal identifying information of each individual who submits an application under this section.
    • (b) The Division of Human Resource Management shall:
      • (i) perform a criminal background check under Subsection 53-10-108(16) on each individual described in Subsection (3)(a)(i); and
      • (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.
  • (4) 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 professional license 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 examination described in Subsection (6).
  • (5)
    • (a) An individual whom the lieutenant governor commissions as a notary:
      • (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
      • (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.
    • (b)
      • (i) After an individual's commission expires, the individual may not perform a notarial act until the individual obtains a new commission.
      • (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.
  • (6)
    • (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.
    • (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.
  • (7)
    • (a) A notary shall maintain permanent residency or employment in the state during the term of the notary's notarial commission.
    • (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.





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