Utah Code § 46-4-106 — Utah Code / Title 46 / Chapter 46-4 / § 46-4-106
§ 46-4-106. Construction and application.
Status: in_force

This chapter must be construed and applied: (1) to facilitate electronic transactions consistent with other applicable law; (2) to be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and (3) to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among the states enacting it.
Utah Code § 46-5-110 — Utah Code / Title 46 / Chapter 46-5 / § 46-5-110
§ 46-5-110. Uniformity of application and construction.
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Utah Code § 46-4-104 — Utah Code / Title 46 / Chapter 46-4 / § 46-4-104
§ 46-4-104. Prospective application.
Status: in_force

This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after May 1, 2000.
Utah Code § 46-1-11 — Utah Code / Title 46 / Chapter 46-1 / § 46-1-11
§ 46-1-11. Prohibited acts -- Advertising.
Status: in_force

(1) A nonattorney notary may not provide advice or counsel to another person concerning legal documents or legal proceedings, including immigration matters. (2) (a) (i) A nonattorney notary who advertises notarial services in any language other than English shall include in the advertisement a notice that the notary public is not an attorney. (ii) The notice under Subsection (2)(a)(i) must include the fees that a notary may charge pursuant to Section 46-1-12 and the following statement:"I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN UTAH AND MAY NOT GIVE LEGAL ADVICE ABOUT IMMIGRATION OR ANY OTHER LEGAL MATTER OR ACCEPT FEES FOR LEGAL ADVICE." (b) (i) The notice required by Subsection (2)(a) shall be in English and in the language of the advertisement and in letters of a conspicuous size. (ii) If the advertisement is by radio or television, the statement may be modified, but must include substantially the same message. (c) (i) Literal translation of the phrase "Notary Public" into any language other than English is prohibited if the literal translation implies that the notary is a licensed attorney. (ii) In this Subsection (2)(c), "literal translation" means the translation of a word or phrase without regard to the true meaning of the word or phrase in the language that is being translated.
Utah Code § 46-1-12 — Utah Code / Title 46 / Chapter 46-1 / § 46-1-12
§ 46-1-12. Fees and notice.
Status: in_force

(1) (a) Except as provided in Subsection (1)(b), the maximum fees a notary may charge for notarial acts are: (i) for an acknowledgment, $10 per signature; (ii) for a certified copy, $10 per page certified; (iii) for a jurat, $10 per signature; (iv) for an oath or affirmation without a signature, $10 per person; and (v) for each signature witnessing, $10. (b) The maximum fee a remote notary may charge for an item described in Subsection (1)(a) that the remote notary performs as a part of a remote notarization is $25. (2) A notary may charge a travel fee, not to exceed the approved federal mileage rate, when traveling to perform a notarial act if: (a) the notary explains to the person requesting the notarial act that the travel fee is separate from the notarial fee in Subsection (1) and is neither specified nor mandated by law; and (b) the notary and the person requesting the notarial act agree upon the travel fee in advance. (3) A notary shall display an English-language schedule of fees for notarial acts and may display a nonEnglish-language schedule of fees. (4) (a) A notary may not charge a fee of more than $10 per individual for each set of forms relating to a change of that individual's immigration status. (b) The fee limitation described in Subsection (4)(a) applies regardless of whether the notary is acting as a notary but does not apply to a licensed attorney, who is also a notary rendering professional services regarding immigration matters.
Utah Code § 46-5-108 — Utah Code / Title 46 / Chapter 46-5 / § 46-5-108
§ 46-5-108. Public access to legal material in official electronic record.
Status: in_force

An official publisher of legal material in an electronic record that is required to be preserved under Section 46-5-107 shall ensure that the material is reasonably available for use by the public on a permanent basis.
Utah Code § 46-5-107 — Utah Code / Title 46 / Chapter 46-5 / § 46-5-107
§ 46-5-107. Preservation and security of legal material in official electronic records.
Status: in_force

(1) An official publisher of legal material in an electronic record that is or was designated as official under Section 46-5-104 shall provide for the preservation and security of the record in an electronic form or a form that is not electronic. (2) If legal material is preserved under Subsection (1) in an electronic record, the official publisher shall: (a) ensure the integrity of the record; (b) provide for backup and disaster recovery of the record; and (c) ensure the continuing usability of the material.
Utah Code § 46-5-111 — Utah Code / Title 46 / Chapter 46-5 / § 46-5-111
§ 46-5-111. Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
Utah Code § 46-1-15 — Utah Code / Title 46 / Chapter 46-1 / § 46-1-15
§ 46-1-15. Inspection of journal -- Safekeeping and custody of journal -- Nature of record.
Status: in_force

(1) Except as provided in Subsection (2)(b), a notary shall: (a) keep the notary's journal in the notary's exclusive custody; and (b) ensure that the journal is not used by any other person for any purpose. (2) (a) A remote notary shall: (i) ensure that the electronic journal, and the electronic recording of each remote notarization, are a secure and authentic record of the remote notarizations that the remote notary performs; and (ii) maintain, and protect from unauthorized access or use, a backup of the electronic journal, and the electronic recording of each remote notarization recorded in the journal. (b) (i) A remote notary may designate as a custodian of the remote notary's electronic journal and the electronic recording of each remote notarization: (A) subject to Subsection (3), the remote notary's employer that employs the remote notary to perform notarizations; or (B) except as provided in 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 notary's electronic journal, information in the journal, or an electronic recording of a remote notarization for any purpose. (ii) A remote notary who designates a custodian under Subsection (2)(b)(i) shall execute an agreement with the custodian that requires the custodian to comply with the safety and security requirements, record retention requirements, and record destruction requirements of this chapter with regard to the remote notary's electronic journal, the information in the remote notary's electronic journal, and the electronic recordings. (iii) An electronic repository described in Subsection (2)(b)(i)(B) may access a remote notary's electronic journal, information in the journal, and the electronic recording of each remote notarization: (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; (B) for a purpose solely related to complying with the requirements to retain and store records under this chapter; or (C) if required under a court order. (3) The notary's employer may not require the notary to surrender the journal or the electronic recording upon termination of the notary's employment. (4) The lieutenant governor or a designee of the lieutenant governor may inspect a notary's journal or a remote notary's electronic recordings relating to a notarial act: (a) to ensure compliance with the requirements of this chapter or a related provision of law; or (b) to verify the authenticity of a notarial act. (5) (a) Except as provided in Subsection (5)(b) or (7), an individual may, during the notary's normal business hours, inspect or request a copy of an entry for a specific notarial act in the notary's journal, if: (i) the notary personally knows the individual or verifies the individual's identity by satisfactory evidence of identity; (ii) the individual specifies: (A) the type of notarial act the individual desires to inspect; (B) the document to which the notarial act relates; (C) the month and year of the notarial act; and (D) the name of the principal to which the notarial act relates; (iii) the individual affixes the individual's signature in the journal, as a separate entry that contains: (A) the individual's name and address; (B) the method used to identify the individual; (C) the notarial record the individual inspects or of which the individual requests a copy; (D) the date of the inspection or request; and (E) the reason for the inspection or request; and (iv) the individual inspects, or the notary provides a copy of, only the entry requested by the individual. (b) A notary may refuse to allow an inspection, or provide a copy, under Subsection (5)(a), if the notary has a reasonable, articulable belief that the individual is seeking the inspection with criminal or other harmful intent. (6) (a) As used in this Subsection (6), "official request" means: (i) a request made by law enforcement relating to a law enforcement investigation; (ii) a subpoena issued under the authority of law or under court authority; or (iii) a court order. (b) Except as provided in Subsection (7), a notary shall, in accordance with Subsection (6)(c), comply with an official request to: (i) inspect a journal, an entry in a journal, or an electronic recording of a remote notarization; or (ii) provide a certified copy of a notarial act or entry in the notary's journal. (c) Compliance with an official request is limited to: (i) the scope of the investigation described in Subsection (6)(a)(i); or (ii) the extent expressly stated in the subpoena or court order. (7) If a portion of a remote notarization includes biometric information or an image of identification used for the remote notarization, the notary may not allow inspection or release of that portion, unless: (a) the individual to whom the information or identification relates consents, in writing, to the inspection or release; (b) ordered by a court with jurisdiction; or (c) requested by the lieutenant governor or a designee of the lieutenant governor. (8) The following are not a record under Title 63G, Chapter 2, Government Records Access and Management Act: (a) a journal; or (b) an electronic recording of a remote notarization.
Utah Code § 46-4-501 — Utah Code / Title 46 / Chapter 46-4 / § 46-4-501
§ 46-4-501. Creation and retention of electronic records and conversion of written records by governmental agencies.
Status: in_force

(1) A state governmental agency may, by following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules that: (a) identify specific transactions that the agency is willing to conduct by electronic means; (b) identify specific transactions that the agency will never conduct by electronic means; (c) specify the manner and format in which electronic records must be created, generated, sent, communicated, received, and stored, and the systems established for those purposes; (d) if law or rule requires that the electronic records must be signed by electronic means, specify the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met, by any third party used by a person filing a document to facilitate the process; (e) specify control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and (f) identify any other required attributes for electronic records that are specified for corresponding nonelectronic records or that are reasonably necessary under the circumstances. (2) A state governmental agency that makes rules under this section shall submit copies of those rules, and any amendments to those rules, to the chief information officer established by Section 63A-16-201. (3) (a) The chief information officer may prepare model rules and standards relating to electronic transactions that encourage and promote consistency and interoperability with similar requirements adopted by other Utah government agencies, other states, the federal government, and nongovernmental persons interacting with Utah governmental agencies. (b) In preparing those model rules and standards, the chief information officer may specify different levels of standards from which governmental agencies may choose in order to implement the most appropriate standard for a particular application. (c) Nothing in this Subsection (3) requires a state agency to use the model rules and standards prepared by the chief information officer when making rules under this section. (4) Except as provided in Subsection 46-4-301(6), nothing in this chapter requires any state governmental agency to: (a) conduct transactions by electronic means; or (b) use or permit the use of electronic records or electronic signatures. (5) Each state governmental agency shall: (a) establish record retention schedules for any electronic records created or received in an electronic transaction according to the standards developed by the Division of Archives under Subsection 63A-12-101(2)(e); and (b) obtain approval of those schedules from the Records Management Committee as required by Subsection 63A-12-113(1)(b).
Utah Code § 46-1-3.7 — Utah Code / Title 46 / Chapter 46-1 / § 46-1-3.7
§ 46-1-3.7. Rulemaking authority for electronic notarization.
Status: in_force

(1) The director of elections in the Office of the Lieutenant Governor may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding standards for and types of: (a) electronic software and hardware that: (i) a notary may use to perform an electronic notarization; and (ii) a remote notary may use to keep an electronic journal under Section 46-1-13; (b) public and proprietary data sources that a remote notary may use to establish satisfactory evidence of identity under Subsection 46-1-2(25)(a)(i)(A) or (B); (c) dynamic knowledge-based authentication or biometric data analysis that a remote notary may use to establish secondary authentication of identity; and (d) electronic seals a notary may use to complete an electronic notarial certificate. (2) When making a rule under this section, the director of elections in the Office of the Lieutenant Governor shall review and consider standards recommended by one or more national organizations that address the governance or operation of notaries.
Utah Code § 46-1-10 — Utah Code / Title 46 / Chapter 46-1 / § 46-1-10
§ 46-1-10. Testimonials prohibited.
Status: in_force

A notary may not use the notary's title or official seal to endorse or promote any product, service, contest, or other offering.
Utah Code § 46-1-3 — Utah Code / Title 46 / Chapter 46-1 / § 46-1-3
§ 46-1-3. Qualifications -- Application for notarial commission required -- Term.
Status: in_force

(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.
Utah Code § 46-5-102 — Utah Code / Title 46 / Chapter 46-5 / § 46-5-102
§ 46-5-102. Definitions.
Status: in_force

In this chapter: (1) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (2) "Legal material" means, whether or not in effect: (a) the Utah Constitution; (b) the Laws of Utah; (c) the Utah Code; (d) the Utah Administrative Code; or (e) the Utah State Bulletin. (3) "Official publisher" means: (a) for the Utah Constitution, the Office of Legislative Research and General Counsel; (b) for the Laws of Utah, the Office of Legislative Research and General Counsel; (c) for the Utah Code, the Office of Legislative Research and General Counsel; (d) for the Utah Administrative Code, the Office of Administrative Rules created in Section 63G-3-401 within the Department of Government Operations; or (e) for the Utah State Bulletin, the Office of Administrative Rules. (4) "Publish" means to display, present, or release to the public, or cause to be displayed, presented, or released to the public, by the official publisher. (5) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (6) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
Utah Code § 46-1-21 — Utah Code / Title 46 / Chapter 46-1 / § 46-1-21
§ 46-1-21. Resignation.
Status: in_force

(1) A notary who resigns a notarial commission shall provide to the lieutenant governor a notice indicating the effective date of resignation. (2) A notary who ceases to reside in this state, who ceases to be employed in the state, or who becomes unable to read and write as provided in Section 46-1-3 shall resign the commission. (3) A notary who resigns shall destroy the official seal and certificate in accordance with Subsection 46-1-16(9).
Utah Code § 46-4-103 — Utah Code / Title 46 / Chapter 46-4 / § 46-4-103
§ 46-4-103. Scope.
Status: in_force

(1) Except as otherwise provided in Subsection (2), this chapter applies to electronic records and electronic signatures relating to a transaction. (2) This chapter does not apply to: (a) a transaction to the extent it is governed by a law governing the creation and execution of wills, codicils, or testamentary trusts; (b) Title 70A, Uniform Commercial Code, other than: (i) Section 70A-1a-306; and (ii) Title 70A, Chapter 2, Uniform Commercial Code - Sales, and Title 70A, Chapter 2a, Uniform Commercial Code - Leases. (3) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under Subsection (2) to the extent it is governed by a law other than those specified in Subsection (2). (4) A transaction subject to this chapter is also subject to other applicable substantive law. (5) Nothing in this chapter requires any county recorder to accept for recording any instrument in electronic form.
Utah Code § 46-4-403 — Utah Code / Title 46 / Chapter 46-4 / § 46-4-403
§ 46-4-403. Transferable records.
Status: in_force

5/5/2027 (1) As used in this section, "transferable record" means an electronic record that: (a) would be a note under Title 70A, Chapter 3, Uniform Commercial Code - Negotiable Instruments, or a document under Title 70A, Chapter 7a, Uniform Commercial Code - Documents of Title, if the electronic record were in writing; and (b) the issuer of the electronic record expressly has agreed is a transferable record. (2) A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred. (3) A system satisfies Subsection (2), and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that: (a) a single authoritative copy of the transferable record exists that is unique, identifiable, and, except as otherwise provided in Subsections (3)(d), (e), and (f), unalterable; (b) the authoritative copy identifies the person asserting control as: (i) the person to which the transferable record was issued; or (ii) if the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred; (c) the authoritative copy is communicated to and maintained by the person asserting control or the person asserting control's designated custodian; (d) copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control; (e) each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and (f) any revision of the authoritative copy is readily identifiable as authorized or unauthorized. (4) (a) Except as otherwise agreed, a person having control of a transferable record is the holder, as that term is defined in Section 70A-1a-201, of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under Title 70A, Uniform Commercial Code, including, if the applicable statutory requirements under Subsection 70A-3-302(1), Section 70A-7a-501, or Section 70A-9a-308 are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been negotiated, or a purchaser, respectively. (b) Delivery, possession, and indorsement are not required to obtain or exercise any of the rights under Subsection (4)(a). (5) Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under Title 70A, Uniform Commercial Code. (6) (a) If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. (b) Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record.5/5/2027 (1) As used in this section, "transferable record" means an electronic record that: (a) would be a note under Title 70A, Chapter 3, Uniform Commercial Code - Negotiable Instruments, or a document under Title 70A, Chapter 7a, Uniform Commercial Code - Documents of Title, if the electronic record were in writing; and (b) the issuer of the electronic record expressly has agreed is a transferable record. (2) A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred. (3) A system satisfies Subsection (2), and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that: (a) a single authoritative copy of the transferable record exists that is unique, identifiable, and, except as otherwise provided in Subsections (3)(d), (e), and (f), unalterable; (b) the authoritative copy identifies the person asserting control as: (i) the person to which the transferable record was issued; or (ii) if the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred; (c) the authoritative copy is communicated to and maintained by the person asserting control or the person asserting control's designated custodian; (d) copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control; (e) each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and (f) any revision of the authoritative copy is readily identifiable as authorized or unauthorized. (4) (a) Except as otherwise agreed, a person having control of a transferable record is the holder, as that term is defined in Section 70A-1a-201, of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under Title 70A, Uniform Commercial Code, including, if the applicable statutory requirements under Subsection 70A-3-302(1), Section 70A-7a-501, or Section 70A-9a-308 are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been negotiated, or a purchaser, respectively. (b) Delivery, possession, and indorsement are not required to obtain or exercise any of the rights under Subsection (4)(a). (5) Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under Title 70A, Uniform Commercial Code. (6) (a) If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. (b) Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record.
Utah Code § 46-1-2 — Utah Code / Title 46 / Chapter 46-1 / § 46-1-2
§ 46-1-2. Definitions.
Status: in_force

As used in this chapter: (1) "Acknowledgment" means a notarial act in which a notary certifies that a signer, whose identity is personally known to the notary or proven on the basis of satisfactory evidence, has admitted, in the presence of the notary, to voluntarily signing a document for the document's stated purpose. (2) "Before me" means that an individual appears in the presence of the notary. (3) "Commission" means: (a) to empower to perform notarial acts; or (b) the written document that gives authority to perform notarial acts, including the Certificate of Authority of Notary Public that the lieutenant governor issues to a notary. (4) "Copy certification" means a notarial act in which a notary certifies that a photocopy is an accurate copy of a document that is neither a public record nor publicly recorded. (5) "Electronic journal" means an electronic journal of notarial acts that a remote notary is required to keep under Subsection 46-1-13(1)(c) or (2)(b). (6) "Electronic notarization" means: (a) a remote notarization; or (b) a notarization: (i) in an electronic format; (ii) of a document that may be recorded electronically under Subsection 17-71-402(2); and (iii) that conforms with rules made under Section 46-1-3.7. (7) "Electronic recording of a remote notarization" means an audio and video recording of the performance of a remote notarization. (8) "Electronic seal" means an electronic version of the seal described in Section 46-1-16, that conforms with rules made under Subsection 46-1-3.7(1)(d), that a notary may attach to a notarial certificate to complete an electronic notarization. (9) "Electronic signature" means the same as that term is defined in Section 46-4-102. (10) "In the presence of the notary" means that an individual: (a) is physically present with the notary in close enough proximity to see and hear the notary; or (b) communicates with a remote notary by means of an electronic device or process that: (i) allows the individual and remote notary to communicate with one another simultaneously by sight and sound; and (ii) complies with rules made under Section 46-1-3.7. (11) (a) "Journal" means: (i) a physical journal of notarial acts that a notary keeps under Subsection 46-1-13(1)(a) or (2)(a); or (ii) an electronic journal. (b) "Journal" does not include an electronic recording of a remote notarization. (12) "Jurat" means a notarial act in which a notary certifies: (a) the identity of a signer who: (i) is personally known to the notary; or (ii) provides the notary satisfactory evidence of the signer's identity; (b) that the signer affirms or swears an oath attesting to the truthfulness of a document; and (c) that the signer voluntarily signs the document in the presence of the notary. (13) "Notarial act" means: (a) a jurat; (b) an acknowledgment; (c) a signature witnessing; (d) a copy certification; or (e) an oath or affirmation. (14) "Notarial certificate" means the affidavit described in Section 46-1-6.5 that is: (a) a part of or attached to a notarized document; and (b) completed by the notary and bears the notary's signature and official seal. (15) "Notarization" means the performance of a notarial act. (16) "Notarized" means that a notarial act or notarization is completed for a record or proceeding. (17) (a) "Notary" means an individual commissioned to perform notarial acts under this chapter. (b) "Notary" includes a remote notary. (18) "Notary public" means the same as notary. (19) "Oath" or "affirmation" means a notarial act in which a notary certifies that a person made a vow or affirmation in the presence of the notary on penalty of perjury. (20) "Official misconduct" means a notary's performance of any act prohibited or failure to perform any act mandated by this chapter or by any other law in connection with a notarial act. (21) (a) "Official seal" means the seal described in Section 46-1-16 that a notary may attach to a notarial certificate to complete a notarization. (b) "Official seal" includes an electronic seal. (22) "Personally knows" means familiarity with an individual resulting from interactions with that individual over a period of time sufficient to eliminate every reasonable doubt that the individual has the identity claimed. (23) "Remote notarization" means a notarial act performed by a remote notary in accordance with this chapter for an individual who is not in the physical presence of the remote notary at the time the remote notary performs the notarial act. (24) "Remote notary" means a notary that holds an active remote notary certification under Section 46-1-3.5. (25) (a) "Satisfactory evidence of identity" means: (i) for both in-person and remote notarization, identification of an individual based on: (A) unexpired personal identification that: (I) includes the individual's photograph, signature, and physical description; and (II) is issued by the United States government, the government of a state, district, territory, or possession of the United States, a federally-recognized tribal government, or a foreign government; (B) an unexpired passport issued by any nation; (C) the oath or affirmation of a credible individual whom the notary personally knows and who personally knows the individual seeking the notarial act; or (D) the oath or affirmation of a credible individual who: (I) personally knows the individual seeking the notarial act; (II) the notary does not personally know; and (III) provides the notary with the credible individual's identification described in Subsection (25)(a)(i)(A) or (B); and (ii) for a remote notarization only, in addition to a method of identification described in Subsection (25)(a)(i), secondary authentication of identity of: (A) except as provided in Subsection (25)(a)(ii)(B), the individual seeking the notarial act; or (B) the credible individual described in Subsection (25)(a)(i)(D), if the individual seeking the notarial act is identified under the method of identification described in Subsection (25)(a)(i)(D). (b) "Satisfactory evidence of identity" does not include: (i) a driving privilege card under Subsection 53-3-207(12); or (ii) a document other than a document described in Subsection (25)(a)(i)(A) or (B). (26) "Secondary authentication of identity" means a third party's verification of an individual's identity, in accordance with rules made under Section 46-1-3.7, by means of: (a) dynamic knowledge-based authentication, which may include requiring the individual to answer questions about the individual's personal information obtained from public or proprietary data sources; or (b) analysis of the individual's biometric data, which may include facial recognition, voiceprint analysis, or fingerprint analysis. (27) "Signature witnessing" means a notarial act in which an individual: (a) appears in the presence of the notary and presents a document; (b) provides the notary satisfactory evidence of the individual's identity, or is personally known to the notary; and (c) signs the document in the presence of the notary. (28) "Title agency" means a person that provides title insurance, as defined in Section 31A-1-301.
Utah Code § 46-5-105 — Utah Code / Title 46 / Chapter 46-5 / § 46-5-105
§ 46-5-105. Authentication of official electronic record.
Status: in_force

An official publisher of legal material in an electronic record that is designated as official under Section 46-5-104 shall authenticate the record. To authenticate an electronic record, the official publisher shall provide a method for a user to determine that the record received by the user from the official publisher is unaltered from the official record published by the official publisher.
Utah Code § 46-1-3.5 — Utah Code / Title 46 / Chapter 46-1 / § 46-1-3.5
§ 46-1-3.5. Remote notary qualifications -- Application -- Authority.
Status: in_force

(1) An individual commissioned as a notary, or an individual applying to be commissioned as a notary, under Section 46-1-3 may apply to the lieutenant governor for a remote notary certification under this section. (2) The lieutenant governor shall certify an individual to perform remote notarizations as a remote notary if the individual: (a) complies with Section 46-1-3 to become a commissioned notary; (b) submits to the lieutenant governor, on a form created by the lieutenant governor, a correctly completed application for a remote notary certification; and (c) pays to the lieutenant governor the application fee described in Subsection (4). (3) The lieutenant governor shall ensure that the application described in Subsection (2)(b) requires an applicant to: (a) list the applicant's name as it appears or will appear on the applicant's notarial commission; (b) agree to comply with the provisions of this chapter, and rules made under Section 46-1-3.7, that relate to a remote notarization; and (c) provide the applicant's email address. (4) The lieutenant governor may establish and charge a fee in accordance with Section 63J-1-504 to an individual who seeks to obtain remote notary certification under this section.
Utah Code § 46-1-14 — Utah Code / Title 46 / Chapter 46-1 / § 46-1-14
§ 46-1-14. Sunsetting provisions for entries in journal -- Required information.
Status: in_force

(1) This section applies only to a notary described in Subsection 46-1-13(1). (2) 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 individual swearing or affirming to the person's identity; or (iv) if used for a remote notarization, a description of the secondary authentication of identity used for the remote notarization; and (f) the fee, if any, the notary charged for the notarial act. (3) A notary may record in the journal a description of the circumstances under which the notary refused to perform or complete a notarial act. (4) A remote notary shall include, for each electronic notarization recorded in the electronic journal, a copy of the electronic recording of the remote notarization.
Utah Code § 46-4-105 — Utah Code / Title 46 / Chapter 46-4 / § 46-4-105
§ 46-4-105. Use of electronic records and electronic signatures -- Variation by agreement.
Status: in_force

(1) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (2) (a) This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. (b) Whether or not the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct. (3) (a) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. (b) The right granted by Subsection (3)(a) may not be waived by agreement. (4) (a) Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. (b) The presence in certain provisions of this chapter of the words "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement. (5) Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.
Utah Code § 46-5-101 — Utah Code / Title 46 / Chapter 46-5 / § 46-5-101
§ 46-5-101. Title.
Status: in_force

This chapter is known as the "Uniform Electronic Legal Material Act."
Utah Code § 46-1-20 — Utah Code / Title 46 / Chapter 46-1 / § 46-1-20
§ 46-1-20. Change of name or address -- Bond policy rider.
Status: in_force

(1) Within 30 days after the day on which a notary changes the notary's name, the notary shall provide to the lieutenant governor: (a) the notary's new name, including official documentation of the name change; and (b) a bond policy rider that a notary obtains in accordance with Subsection (2). (2) To obtain a bond policy rider, the notary shall: (a) notify the surety for the notary's bond; (b) obtain a bond policy rider reflecting both the old and new name of the notary; (c) return the bond policy rider; (d) destroy the original commission; and (e) destroy the old official seal. (3) A notary is not required to change the notary's name by adopting the surname of the notary's spouse. (4) Within 30 days of the day on which a notary's residential or business address changes, the notary shall provide the notary's new residential or business address to the lieutenant governor.
Utah Code § 46-1-3.6 — Utah Code / Title 46 / Chapter 46-1 / § 46-1-3.6
§ 46-1-3.6. Remote notarization procedures.
Status: in_force

(1) A remote notary who receives a remote notary certification under Section 46-1-3.5 may perform a remote notarization if the remote notary is physically located in this state. (2) A remote notary that performs a remote notarization for an individual that is not personally known to the remote notary shall, at the time the remote notary performs the remote notarization, establish satisfactory evidence of identity for the individual by: (a) communicating with the individual using an electronic device or process that: (i) allows the individual and remote notary to communicate with one another simultaneously by sight and sound; and (ii) complies with rules made under Section 46-1-3.7; and (b) requiring the individual to transmit to the remote notary an image of a form of identification described in Subsection 46-1-2(25)(a)(i)(A) or (B) that is of sufficient quality for the remote notary to establish satisfactory evidence of identity. (3) (a) A remote notary shall create an electronic recording of each remote notarization and store the recording in accordance with Sections 46-1-41.1 and 46-1-15. (b) A remote notary shall take reasonable steps, consistent with industry standards, to ensure that any non-public data transmitted or stored in connection with a remote notarization performed by the remote notary is secure from unauthorized interception or disclosure. (4) Notwithstanding any other provision of law, a remote notarization lawfully performed under this chapter satisfies any provision of state law that requires an individual to personally appear before, or be in the presence of, a notary at the time the notary performs a notarial act.
Utah Code § 46-4-205 — Utah Code / Title 46 / Chapter 46-4 / § 46-4-205
§ 46-4-205. Notarization and acknowledgment.
Status: in_force

(1) If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied by following the procedures and requirements of Subsection 46-1-16(8). (2) The electronic signature of the person authorized to perform the acts under Subsection (1), and all other information required to be included by other applicable law, shall be attached to or logically associated with the signature or record.
Utah Code § 46-1-7 — Utah Code / Title 46 / Chapter 46-1 / § 46-1-7
§ 46-1-7. Disqualifications.
Status: in_force

A notary may not perform a notarial act if the notary: (1) is a signer of the document that is to be notarized, except for: (a) a self-proved will as provided in Section 75-2-504; or (b) a self-proved electronic will as provided in Section 75-2-1408; (2) is named in the document that is to be notarized except for: (a) a self-proved will as provided in Section 75-2-504; (b) a self-proved electronic will as provided in Section 75-2-1408; (c) a licensed attorney that is listed in the document only as representing a signer or another person named in the document; or (d) a licensed escrow agent, as defined in Section 31A-1-301, that: (i) acts as the title insurance producer in signing closing documents; and (ii) is not named individually in the closing documents as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, vendor, vendee, lessor, lessee, buyer, or seller; (3) will receive direct compensation from a transaction connected with a financial transaction in which the notary is named individually as a principal; or (4) will receive direct compensation from a real property transaction in which the notary is named individually as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, vendee, lessor, lessee, buyer, or seller.
Utah Code § 46-5-109 — Utah Code / Title 46 / Chapter 46-5 / § 46-5-109
§ 46-5-109. Standards.
Status: in_force

In implementing this chapter, an official publisher of legal material in an electronic record shall consider: (1) standards and practices of other jurisdictions; (2) the most recent standards regarding authentication of, preservation and security of, and public access to, legal material in an electronic record and other electronic records, as promulgated by national standard-setting bodies; (3) the needs of users of legal material in an electronic record; (4) the views of governmental officials and entities and other interested persons; and (5) to the extent practicable, methods and technologies for the authentication of, preservation and security of, and public access to, legal material which are compatible with the methods and technologies used by other official publishers in this state and in other states that have adopted a law substantially similar to this chapter.
Utah Code § 46-1-8 — Utah Code / Title 46 / Chapter 46-1 / § 46-1-8
§ 46-1-8. Impartiality.
Status: in_force

(1) A notary may not influence a person to enter into or to refuse to enter into a lawful transaction involving a notarial act by the notary. (2) A notary shall perform notarial acts in lawful transactions for any requesting person who tenders the appropriate fee specified in Section 46-1-12.
Utah Code § 46-1-23 — Utah Code / Title 46 / Chapter 46-1 / § 46-1-23
§ 46-1-23. Dedication of fees.
Status: in_force

The lieutenant governor shall deposit all money collected under this chapter into the General Fund as a dedicated credit to be used by the lieutenant governor to administer this chapter.
Utah Code § 46-1-6.5 — Utah Code / Title 46 / Chapter 46-1 / § 46-1-6.5
§ 46-1-6.5. Form of notarial certificate for document notarizations.
Status: in_force

(1) A correctly completed affidavit in substantially the form described in this section, that is included in or attached to a document, is sufficient for the completion of a notarization under this Title 46, Chapter 1, Notaries Public Reform Act. (2) (a) A notary shall ensure that a signer takes the following oath or makes the following affirmation before the notary witnesses the signature for a jurat:"Do you swear or affirm under penalty of perjury that the statements in your document are true?" (b) An affidavit for a jurat that is in substantially the following form is sufficient under Subsection (1):"State of UtahCounty of ____________Subscribed and sworn to before me (notary public name), on this (date) day of (month), in the year (year), by (name of document signer).( Notary's Official Seal) ____________________________________Notary Signature". (3) An affidavit for an acknowledgment that is in substantially the following form is sufficient under Subsection (1):"State of UtahCounty of ____________On this (date) day of (month), in the year (year), before me (name of notary public), a notary public, personally appeared (name of document signer), proved on the basis of satisfactory evidence to be the person(s) whose name(s) (is/are) subscribed to in this document, and acknowledged (he/she/they) executed the same. ( Notary's Official Seal) ____________________________________Notary Signature". (4) An affidavit for a copy certification that is in substantially the following form is sufficient under Subsection (1):"State of UtahCounty of ____________On this (date) day of (month), in the year (year), I certify that the preceding or attached document is a true, exact, and unaltered photocopy of (description of document), and that, to the best of my knowledge, the photocopied document is neither a public record nor a publicly recorded document.( Notary's Official Seal) ____________________________________Notary Signature". (5) An affidavit for a signature witnessing that is in substantially the following form is sufficient under Subsection (1):"State of UtahCounty of ____________On this (date) day of (month), in the year (year), before me, (name of notary public), personally appeared (name of document signer), proved to me through satisfactory evidence of identification, which was (form of identification), to be the person whose name is signed on the preceding or attached document in my presence.( Notary's Official Seal) ____________________________________Notary Signature". (6) A remote notary shall ensure that the notarial certificate described in this section that is used for a remote notarization includes a statement that the remote notary performed the notarization remotely.
Utah Code § 46-4-503 — Utah Code / Title 46 / Chapter 46-4 / § 46-4-503
§ 46-4-503. Government products and services provided electronically.
Status: in_force

10/1/2026 (1) Notwithstanding Section 46-4-501, a state governmental agency that administers one or more of the following transactions shall allow those transactions to be conducted electronically: (a) an application for or renewal of a professional or occupational license issued under Title 58, Occupations and Professions; (b) the renewal of a drivers license; (c) an application for a hunting or fishing license; (d) the filing of: (i) a return under Title 59, Chapter 10, Individual Income Tax Act, or Title 59, Chapter 12, Sales and Use Tax Act; (ii) a court document, as defined by the Judicial Council; or (iii) a document under Title 70A, Uniform Commercial Code; (e) a registration for: (i) a product; or (ii) a brand; (f) a renewal of a registration of a motor vehicle; (g) a registration under: (i) Title 16, Business Entities; or (ii) Title 42, Names; or (h) submission of an application for benefits: (i) under Title 35A, Chapter 3, Employment Support Act; (ii) under Title 35A, Chapter 4, Employment Security Act; or (iii) related to accident and health insurance. (2) The state system of public education, in coordination with the Utah Education and Telehealth Network, shall make reasonable progress toward making the following services available electronically: (a) secure access by parents and students to student grades and progress reports; (b) email communications with: (i) teachers; (ii) parent-teacher associations; and (iii) school administrators; (c) access to school calendars and schedules; and (d) teaching resources that may include: (i) teaching plans; (ii) curriculum guides; and (iii) media resources. (3) A state governmental agency shall: (a) in carrying out the requirements of this section, take reasonable steps to ensure the security and privacy of records that are private or controlled as defined by Title 63G, Chapter 2, Government Records Access and Management Act; (b) in addition to those transactions listed in Subsections (1) and (2), determine any additional services that may be made available to the public through electronic means; and (c) as part of the agency's information technology plan required by Section 63A-16-203, report on the progress of compliance with Subsections (1) through this (3). (4) Notwithstanding the other provisions of this part, a state governmental agency is not required by this part to conduct a transaction electronically if: (a) conducting the transaction electronically is not required by federal law; and (b) conducting the transaction electronically is: (i) impractical; (ii) unreasonable; or (iii) not permitted by laws pertaining to privacy or security. (5) (a) For purposes of this Subsection (5), "one-stop shop" means the consolidation of access to diverse services and agencies at one location including virtual colocation. (b) (i) State agencies that provide services or offer direct assistance to the business community shall participate in the establishment, maintenance, and enhancement of an integrated Utah business web portal known as Business.utah.gov. (ii) The purpose of the business web portal is to provide one-stop shop assistance to businesses. (c) State agencies shall partner with other governmental and nonprofit agencies whose primary mission is to provide services or offer direct assistance to the business community in Utah in fulfilling the requirements of this section. (d) The following state entities shall comply with the provisions of this Subsection (5): (i) Governor's Office of Economic Development created in Section 63N-1a-301, which shall serve as the managing partner for the website; (ii) Department of Workforce Services; (iii) Department of Commerce; (iv) State Tax Commission; (v) Department of Government Operations - Division of Purchasing and General Services, including other state agencies operating under a grant of authority from the division to procure goods and services in excess of $5,000; (vi) Department of Agriculture; (vii) Department of Natural Resources; and (viii) other state agencies that provide services or offer direct assistance to the business sector. (e) The business services available on the business web portal may include: (i) business life cycle information; (ii) business searches; (iii) employment needs and opportunities; (iv) motor vehicle registration; (v) permit applications and renewal; (vi) tax information; (vii) government procurement bid notifications; (viii) general business information; (ix) business directories; and (x) business news.10/1/2026 (1) Notwithstanding Section 46-4-501, a state governmental agency that administers one or more of the following transactions shall allow those transactions to be conducted electronically: (a) an application for or renewal of a professional or occupational license issued under Title 58, Occupations and Professions; (b) the renewal of a drivers license; (c) an application for a hunting or fishing license; (d) the filing of: (i) a return under Title 59, Chapter 10, Individual Income Tax Act, or Title 59, Chapter 12, Sales and Use Tax Act; (ii) a court document, as defined by the Judicial Council; or (iii) a document under Title 70A, Uniform Commercial Code; (e) a registration for: (i) a product; or (ii) a brand; (f) a renewal of a registration of a motor vehicle; (g) a registration under: (i) Title 16, Business Entities; or (ii) Title 42, Names; or (h) submission of an application for benefits: (i) under Title 35A, Chapter 3, Employment Support Act; (ii) under Title 35A, Chapter 4, Employment Security Act; or (iii) related to accident and health insurance. (2) The state system of public education, in coordination with the Utah Education and Telehealth Network, shall make reasonable progress toward making the following services available electronically: (a) secure access by parents and students to student grades and progress reports; (b) email communications with: (i) teachers; (ii) parent-teacher associations; and (iii) school administrators; (c) access to school calendars and schedules; and (d) teaching resources that may include: (i) teaching plans; (ii) curriculum guides; and (iii) media resources. (3) A state governmental agency shall: (a) in carrying out the requirements of this section, take reasonable steps to ensure the security and privacy of records that are private or controlled as defined by Title 63G, Chapter 2, Government Records Access and Management Act; (b) in addition to those transactions listed in Subsections (1) and (2), determine any additional services that may be made available to the public through electronic means; and (c) as part of the agency's information technology plan required by Section 63A-16-203, report on the progress of compliance with Subsections (1) through this (3). (4) Notwithstanding the other provisions of this part, a state governmental agency is not required by this part to conduct a transaction electronically if: (a) conducting the transaction electronically is not required by federal law; and (b) conducting the transaction electronically is: (i) impractical; (ii) unreasonable; or (iii) not permitted by laws pertaining to privacy or security. (5) (a) For purposes of this Subsection (5), "one-stop shop" means the consolidation of access to diverse services and agencies at one location including virtual colocation. (b) (i) State agencies that provide services or offer direct assistance to the business community shall participate in the establishment, maintenance, and enhancement of an integrated Utah business web portal known as Business.utah.gov. (ii) The purpose of the business web portal is to provide one-stop shop assistance to businesses. (c) State agencies shall partner with other governmental and nonprofit agencies whose primary mission is to provide services or offer direct assistance to the business community in Utah in fulfilling the requirements of this section. (d) The following state entities shall comply with the provisions of this Subsection (5): (i) Governor's Office of Economic Development created in Section 63N-1a-301, which shall serve as the managing partner for the website; (ii) Department of Workforce Services; (iii) Department of Commerce; (iv) State Tax Commission; (v) Department of Government Operations - Division of Purchasing and General Services, including other state agencies operating under a grant of authority from the division to procure goods and services in excess of $5,000; (vi) Department of Agriculture; (vii) Department of Natural Resources; and (viii) other state agencies that provide services or offer direct assistance to the business sector. (e) The business services available on the business web portal may include: (i) business life cycle information; (ii) business searches; (iii) employment needs and opportunities; (iv) motor vehicle registration; (v) permit applications and renewal; (vi) tax information; (vii) government procurement bid notifications; (viii) general business information; (ix) business directories; and (x) business news.
Utah Code § 46-4-502 — Utah Code / Title 46 / Chapter 46-4 / § 46-4-502
§ 46-4-502. Providing services or information electronically -- Interpretation of terms in Utah Code.
Status: in_force

(1) To provide services or information electronically, a state governmental entity may implement the terms listed in Subsection (2) in accordance with this section: (a) when the term is used in the Utah Code; and (b) if the implementation is not: (i) inconsistent with the manifest intent of the Legislature; or (ii) repugnant to the context of the statute. (2) Subsection (1) applies to the terms listed in this Subsection (2). (a) "Copy" may include an electronic version of a document. (b) "Mail" may include sending a document electronically if the recipient can accept and process the electronic writing. (c) "Mailing address" may include an electronic mailing address capable of receiving and processing an electronic writing. (d) "Sign" or "signature" may include any form of electronic signature authorized by the governmental agency. (e) "Written" or "writing" may include information that is: (i) inscribed on a tangible medium; or (ii) (A) stored in an electronic or other medium; and (B) is retrievable in a perceivable form.
Utah Code § 46-4-402 — Utah Code / Title 46 / Chapter 46-4 / § 46-4-402
§ 46-4-402. Time and place of sending and receipt.
Status: in_force

(1) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it: (a) is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; (b) is in a form capable of being processed by that system; and (c) enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient that is under the control of the recipient. (2) Unless otherwise agreed between a sender and the recipient, an electronic record is received when: (a) it enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and (b) it is in a form capable of being processed by that system. (3) Subsection (2) applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under Subsection (4). (4) (a) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. (b) For purposes of this Subsection (4), the following rules apply: (i) If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction. (ii) If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be. (5) An electronic record is received under Subsection (2) even if no individual is aware of its receipt. (6) Receipt of an electronic acknowledgment from an information processing system described in Subsection (2) establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received. (7) (a) If a person is aware that an electronic record purportedly sent under Subsection (1), or purportedly received under Subsection (2), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. (b) Except to the extent permitted by the other law, the requirements of this Subsection (7) may not be varied by agreement.
Utah Code § 46-1-14.1 — Utah Code / Title 46 / Chapter 46-1 / § 46-1-14.1
§ 46-1-14.1. Entries in journal -- Required information.
Status: in_force

(1) This section applies to a notary who receives a commission, or a new commission, on or after May 6, 2026. (2) A journal shall: (a) unless the journal is an electronic journal, consist of one or more permanently bound records, with each page listed in chronological order; and (b) subject to Subsection (4), consist of a chronological record of each notarial act that the notary performs, completed by the notary at the time the notary completes the notarial act, including the following for each notarial act: (i) the date and time of the notarial act; (ii) the type of notarial act performed; (iii) (A) the title of the record for which the notary performs the notarial act; or (B) a description of the record or proceeding for which the notary performs the notarial act; (iv) if the satisfactory evidence of identity of the individual for whom the notary performs the notarial act is of the type described in Subsection 46-1-2(25)(a)(i)(A) or (B), a description of the identification that states: (A) the identification type; (B) the issuing agency of the identification; (C) the last four digits of the identification number; (D) the date the identification was issued; and (E) the date the identification expires; (v) if the satisfactory evidence of identity of the individual for whom the notary performs the notarial act is a credible individual described in Subsection 46-1-2(25)(a)(i)(C): (A) an indication that the notary administered an oath or affirmation to the credible individual, including the individual's signature; (B) a statement that the individual described in Subsection (2)(b)(v)(A) is a credible individual whom the notary personally knows; and (C) the printed name and address of the credible individual; (vi) if the satisfactory evidence of identity of the individual for whom the notary performs the notarial act is a credible individual described in Subsection 46-1-2(25)(a)(i)(D): (A) an indication that the notary administered the oath or affirmation to the credible individual, including the individual's signature, to verify: (I) the identity of the individual seeking the notarial act; and (II) that the credible individual personally knows the individual seeking the notarial act; (B) the printed name and address of the credible individual; and (C) a description of the identification, described in Subsection 46-1-2(25)(a)(i)(D)(III), of the credible individual that states: (I) the identification type; (II) the issuing agency of the identification; (III) the last four digits of the identification number; (IV) the date the identification was issued; and (V) the date the identification expires; (vii) for a remote notarization only, in addition to the information required under Subsections (2)(b)(iv) through (vi), a record of the secondary authentication of identity; (viii) if the notary administered an oath or affirmation, an indication that the notary administered the oath or affirmation; (ix) the signature, printed name, and address of the individual for whom the notary performs the notarial act; and (x) the fee charged, if any, by the notary. (3) A remote notary shall, for each electronic notarization performed by the remote notary: (a) record in the remote notary's electronic journal, the information described in Subsection (2)(b); and (b) include with the notary's electronic journal a copy of the electronic recording of the remote notarization. (4) (a) A notary may make a single entry in a journal to document more than one notarial act if the notarial acts are performed for the same individual at the same time on: (i) one record; or (ii) similar records. (b) When performing a notarial act for an individual, a notary is not required to have the individual sign the journal if: (i) (A) the notary has performed a notarial act for the individual within 180 days before the day on which the notary performs the notarial act; (B) the notary has personal knowledge of the identity of the individual; (C) the individual is an employer or a coworker of the notary; (D) the notarial act relates to a transaction performed in the ordinary course of the individual's business; and (E) the notary enters "known personally" in place of the evidence otherwise required for the detailed record described in Subsection; or (ii) for a remote notarization, the notary uses the electronic journal to: (A) capture and record the individual's signature; and (B) associate the signature with the remote notarization. (5) If a notary or remote notary refuses to perform or complete a notarial act, the notary shall record in the journal: (a) the information described in Subsection (2)(b) that the notary was able to obtain; and (b) a description of the reason the notary refused to perform or complete the notarial act.
Utah Code § 46-1-6 — Utah Code / Title 46 / Chapter 46-1 / § 46-1-6
§ 46-1-6. Powers and limitations.
Status: in_force

(1) A notary may perform the following notarial acts: (a) a jurat; (b) an acknowledgment; (c) a signature witnessing; (d) a copy certification; and (e) an oath or affirmation. (2) A notary may not: (a) perform an act as a notary that is not described in Subsection (1); or (b) perform an act described in Subsection (1) if the individual for whom the notary performs the notarial act is not in the presence of the notary at the time the notary performs the act.
Utah Code § 46-5-106 — Utah Code / Title 46 / Chapter 46-5 / § 46-5-106
§ 46-5-106. Effect of authentication.
Status: in_force

(1) Legal material in an electronic record that is authenticated under Section 46-5-105 is presumed to be an accurate copy of the legal material. (2) If another state has adopted a law substantially similar to this chapter, legal material in an electronic record that is designated as official and authenticated by the official publisher in that state is presumed to be an accurate copy of the legal material. (3) A party contesting the authentication of legal material in an electronic record authenticated under Section 46-5-105 has the burden of proving by a preponderance of the evidence that the record is not authentic.
Utah Code § 46-4-301 — Utah Code / Title 46 / Chapter 46-4 / § 46-4-301
§ 46-4-301. Retention of electronic records -- Originals.
Status: in_force

(1) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record that: (a) accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and (b) remains accessible for later reference. (2) A requirement to retain a record in accordance with Subsection (1) does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received. (3) A person may satisfy Subsection (1) by using the services of another person if the requirements of Subsection (1) are satisfied. (4) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with Subsection (1). (5) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with Subsection (1). (6) A record retained as an electronic record in accordance with Subsection (1) satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after May 1, 2000, specifically prohibits the use of an electronic record for the specified purpose. (7) This section does not preclude a governmental agency from specifying additional requirements for the retention of a record subject to the agency's jurisdiction.
Utah Code § 46-4-401 — Utah Code / Title 46 / Chapter 46-4 / § 46-4-401
§ 46-4-401. Automated transaction.
Status: in_force

In an automated transaction, the following rules apply: (1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements. (2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance. (3) The terms of the contract are determined by the substantive law applicable to it.
Utah Code § 46-1-16 — Utah Code / Title 46 / Chapter 46-1 / § 46-1-16
§ 46-1-16. Official signature -- Official seal -- Destruction of seal -- Unlawful use of seal -- Criminal penalties.
Status: in_force

(1) In completing a notarial act, a notary shall sign on the notarial certificate exactly and only the name indicated on the notary's commission. (2) (a) Except as provided in Subsection (2)(d), a notary shall keep an official seal, and a remote notary shall keep an electronic seal and electronic signature, that is the exclusive property of the notary. (b) Except as provided in Subsection (2)(d), a notary's official seal, electronic seal, or electronic signature may not be used by any other person. (c) (i) Each official seal used for an in-person notarization shall be in purple ink. (ii) Each official seal used for a remote notarization shall be rendered in black. (d) (i) A remote notary may allow a person that provides an electronic seal to the remote notary under Section 46-1-17 to act as guardian over the electronic seal. (ii) Except as provided in Subsection (2)(d)(iii), a guardian described in Subsection (2)(d)(i) shall store the seal in a secure manner that prevents any person from: (A) accessing the seal, other than the guardian and the remote notary named on the seal; or (B) using the seal to perform a notarization, other than the remote notary named on the seal. (iii) A guardian that a notary designates under Subsection (2)(d)(i) may access and use the seal of the notary: (A) for a purpose solely related to completing, in accordance with this chapter, the notarization, by the notary, for which the seal is accessed or used; (B) for a purpose solely related to complying with the requirements to obtain, store, and protect the seal under this chapter; or (C) if required under a court order. (3) (a) A notary shall obtain a new official seal: (i) when the notary receives a new commission; or (ii) if the notary changes the notary's name of record at any time during the notary's commission. (b) Subject to Subsection (3)(c), a notary shall affix the official seal near the notary's official signature on a notarial certificate and shall include a sharp, legible, and photographically reproducible rendering of the official seal that consists of: (i) the notary public's name exactly as indicated on the notary's commission; (ii) the words "notary public," "state of Utah," and "my commission expires on (commission expiration date)"; (iii) the notary's commission number, exactly as indicated on the notary's commission; (iv) a facsimile of the great seal of the state; and (v) a rectangular border no larger than one inch by two and one-half inches surrounding the required words and official seal. (c) When performing a remote notarization, a remote notary shall attach the remote notary's electronic signature and electronic seal under Subsection (3)(b) to an electronic notarial certificate in a manner that makes evident any subsequent change or modification to: (i) the notarial certificate; or (ii) any electronic record, that is a part of the notarization, to which the notarial certificate is attached. (4) A notary may use an embossed seal impression that is not photographically reproducible in addition to, but not in place of, the photographically reproducible official seal required in this section. (5) A notary shall affix the official seal in a manner that does not obscure or render illegible any information or signatures contained in the document or in the notarial certificate. (6) A notary may not use an official seal independent of a notarial certificate. (7) Except for a notarial certificate that is completed as a part of a remote notarization, a notarial certificate on an annexation, subdivision, or other map or plat is considered complete without the imprint of the notary's official seal if: (a) the notary signs the notarial certificate in permanent ink; and (b) the following appear below or immediately adjacent to the notary's signature: (i) the notary's name and commission number appears exactly as indicated on the notary's commission; (ii) the words "A notary public commissioned in Utah"; and (iii) the expiration date of the notary's commission. (8) A notarial certificate on an electronic message or document is considered complete without the notary's official seal if the following information appears electronically within the message or document: (a) the notary's name and commission number appearing exactly as indicated on the notary's commission; and (b) the words "notary public," "state of Utah," and "my commission expires on______ (date)". (9) (a) When a notary resigns or the notary's commission expires or is revoked, the notary shall: (i) destroy the notary's official seal and certificate; and (ii) if the notary is a remote notary, destroy any coding, disk, certificate, card, software, or password that enables the remote notary to affix the remote notary's electronic signature or electronic seal to a notarial certificate. (b) A former remote notary shall certify to the lieutenant governor in writing that the former remote notary has complied with Subsection (9)(a)(ii) within 10 days after the day on which the notary resigns or the notary's commission expires or is revoked. (10) (a) As used in this Subsection (10), "authority" means: (i) legal authority; or (ii) authority granted by a notary for a person to provide maintenance, repair, or technical support in relation to: (A) the notary's journal; or (B) equipment, hardware, software, computer code, or an electronic storage medium, used or intended for use in performing a notarial act. (b) An actor commits unlawful interference with a notary if the person, without authority, knowingly, uses, forges, takes, accesses, conceals, damages, destroys, or alters: (i) a notary's signature or electronic signature; (ii) a notarial certificate or electronic notarial certificate; (iii) an official seal; (iv) the equipment, hardware, software, computer code, or electronic storage medium used or intended for use in performing a notarial act; (v) a journal; or (vi) an electronic recording of a remote notarization. (c) A violation of Subsection (10)(b) is a class B misdemeanor. (d) If a notary discovers that unlawful interference with a notary has occurred in relation to the notary, or to any item described in Subsection (10)(b) over which the notary has custody or control, the notary shall immediately: (i) notify a law enforcement officer with jurisdiction of the violation; and (ii) provide written notice of the discovery to the lieutenant governor. (e) If a notary discovers that any item described in Subsection (10)(b) over which the notary has custody or control is lost, damaged, or destroyed, the notary shall immediately provide written notice of the discovery to the lieutenant governor. (f) A notary shall: (i) provide the notice described in Subsection (10)(d)(ii) or (e) by: (A) email, using the address provided on the website for the Notary Department, within the Office of the Lieutenant Governor; (B) certified mail; or (C) another delivery method that provides a receipt confirming delivery; and (ii) include in the notice: (A) the notary's name, address, and commission number; (B) a description of the discovery and the relevant facts; (C) if the matter involves a journal or an electronic recording of a remote notarization, the time period covered by the affected journal or electronic recordings; and (D) if the discovery involves unlawful interference under Subsection (10)(b), the information necessary for the lieutenant governor to identify and obtain the related police report.
Utah Code § 46-1-4 — Utah Code / Title 46 / Chapter 46-1 / § 46-1-4
§ 46-1-4. Bond.
Status: in_force

(1) A notarial commission is not effective until: (a) the notary named in the commission takes a constitutional oath of office and files a $5,000 bond with the lieutenant governor that: (i) a licensed surety executes for a term of four years beginning on the commission's effective date and ending on the commission's expiration date; and (ii) conditions payment of bond funds to any person upon the notary's misconduct while acting in the scope of the notary's commission; and (b) the lieutenant governor approves the oath and bond described in Subsection (1)(a). (2) In addition to the requirements described in Subsection (1), a remote notary certification described in Section 46-1-3.5 is not effective until: (a) the notary named in the remote notary certification files with the lieutenant governor evidence that the notary has obtained $5,000 of bond coverage, in addition to the bond coverage described in Subsection (1)(a), that: (i) a licensed surety executes for a term that begins on the certification's effective date and ends on the remote notary's commission's expiration date; and (ii) conditions payment of bond funds to any person upon the remote notary's misconduct while acting in the scope of the remote notary's commission; and (b) the lieutenant governor approves the additional bond coverage described in Subsection (2)(a).
Utah Code § 46-1-22 — Utah Code / Title 46 / Chapter 46-1 / § 46-1-22
§ 46-1-22. Notice not invalidated.
Status: in_force

If a notarial act is performed contrary to or in violation of this chapter, that fact does not of itself invalidate notice to third parties of the contents of the document notarized.
Utah Code § 46-1-9 — Utah Code / Title 46 / Chapter 46-1 / § 46-1-9
§ 46-1-9. False or incomplete certificate.
Status: in_force

A notary may not: (1) execute a certificate containing a statement known by the notary to be false or materially incomplete; or (2) perform any notarial act with intent to deceive or defraud.
Utah Code § 46-5-103 — Utah Code / Title 46 / Chapter 46-5 / § 46-5-103
§ 46-5-103. Applicability.
Status: in_force

This chapter applies to all legal material in an electronic record that is designated as official under Section 46-5-104 and first published electronically on or after January 1, 2019.
Utah Code § 46-1-13 — Utah Code / Title 46 / Chapter 46-1 / § 46-1-13
§ 46-1-13. Journal required -- Exceptions.
Status: in_force

(1) For a notary other than a notary described in Subsection (2): (a) the notary may keep, maintain, protect, and provide for lawful inspection a chronological, permanently bound official journal of notarial acts, containing numbered pages; (b) if the notary keeps a journal under Subsection (1)(a), Subsections (3) and (4) apply in relation to the journal; (c) a remote notary shall keep a secure electronic journal of each remote notarization the notary performs; and (d) Subsections (3) and (4) apply in relation to an electronic journal described in Subsection (1)(c). (2) A notary who receives a commission, or a new commission, on or after May 6, 2026: (a) shall, in accordance with Section 46-1-14, keep, in a secure location, a physical journal of each notarial act, other than a remote notarization, that the notary performs; (b) shall, in accordance with Section 46-1-14, keep a secure electronic journal of each remote notarization that the notary performs; and (c) is subject to the provisions of Subsections (3) and (4) in relation to the notary's journal. (3) (a) A notary shall retain a journal for 10 years after the day on which the notary records the last notarial act in the journal, regardless of whether the notary ceases to be a notary. (b) Following the 10-year period described in Subsection (3)(a), the notary shall destroy the journal by shredding or another means of destruction that renders all information in the journal illegible. (c) 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, an electronic journal, and each electronic recording of a remote notarization, for 10 years after the day on which the notary records the last notarial act in the journal, regardless of whether the notary ceases to be a notary. (d) Following the 10-year period described in Subsection (3)(c), the notary shall destroy, or ensure that the custodian designated under Subsection 46-1-15(2)(b)(i) erases and overwrites, or otherwise destroys, the electronic journal, and, for each remote notarization recorded in the journal, the electronic recording of the remote notarization, including all backups, by a means that renders all of the data irretrievable. (4) Notwithstanding the provisions of this chapter: (a) a notary who is employed by an attorney or a law firm is not required to keep a journal of notarial acts performed by the notary in the course and scope of the notary's employment by the attorney or law firm; (b) a journal or other record of a notarial act performed by the notary in the course and scope of the notary's employment by the attorney or law firm is the property of the attorney or law firm and is not subject to disclosure or inspection by the lieutenant governor; (c) the provisions of this chapter do not require an attorney or law firm to take any action that would constitute a violation of the attorney-client privilege; (d) a notary who is employed by a title agency is not required to keep a journal of notarial acts performed by the notary in the course and scope of the notary's employment by the title agency; and (e) a journal or other record of a notarial act performed by the notary in the course and scope of the notary's employment by a title agency is the property of the title agency and is not subject to disclosure or inspection by the lieutenant governor.
Utah Code § 46-1-18 — Utah Code / Title 46 / Chapter 46-1 / § 46-1-18
§ 46-1-18. Liability.
Status: in_force

(1) A notary may be liable to any person for any damage to that person proximately caused by the notary's misconduct in performing a notarization. (2) (a) A surety for a notary's bond may be liable to any person for damages proximately caused to that person by the notary's misconduct in performing a notarization, but the surety's liability may not exceed the penalty of the bond or of any remaining bond funds that have not been expended to other claimants. (b) Regardless of the number of claimants under Subsection (2)(a), a surety's total liability may not exceed the penalty of the bond. (c) An employer of a notary public is also liable for damages proximately caused by the notary's misconduct in performing a notarization if: (i) the notary public was acting within the course and scope of the notary public's employment; and (ii) the employer had knowledge of, consented to, or permitted the misconduct. (3) It is a class B misdemeanor, if not otherwise a criminal offense under this code, for: (a) a notary to violate a provision of this chapter; or (b) a notary's employer to solicit the notary to violate a provision of this chapter.
Utah Code § 46-4-101 — Utah Code / Title 46 / Chapter 46-4 / § 46-4-101
§ 46-4-101. Title.
Status: in_force

This chapter is known as the "Uniform Electronic Transactions Act."
Utah Code § 46-4-202 — Utah Code / Title 46 / Chapter 46-4 / § 46-4-202
§ 46-4-202. Provision of information in writing -- Presentation of records.
Status: in_force

(1) (a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. (b) An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record. (2) If a law other than this chapter requires a record to be posted or displayed in a certain manner, to be sent, communicated, or transmitted by a specified method, or to contain information that is formatted in a certain manner, the following rules apply: (a) the record must be posted or displayed in the manner specified in the other law; (b) except as otherwise provided in Subsection (4)(b), the record must be sent, communicated, or transmitted by the method specified in the other law; and (c) the record must contain the information formatted in the manner specified in the other law. (3) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient. (4) The requirements of this section may not be varied by agreement, but: (a) to the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under Subsection (1) that the information be in the form of an electronic record capable of retention may also be varied by agreement; and (b) a requirement under a law other than this chapter to send, communicate, or transmit a record by first-class mail, postage prepaid or regular United States mail, may be varied by agreement to the extent permitted by the other law.
Utah Code § 46-1-19 — Utah Code / Title 46 / Chapter 46-1 / § 46-1-19
§ 46-1-19. Revocation or suspension.
Status: in_force

The lieutenant governor may revoke or suspend a notarial commission on any ground for which an application for a notarial commission may be denied under Section 46-1-3.
Utah Code § 46-4-201 — Utah Code / Title 46 / Chapter 46-4 / § 46-4-201
§ 46-4-201. Legal recognition of electronic records, electronic signatures, and electronic contracts.
Status: in_force

(1) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (2) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (3) If a law requires a record to be in writing, an electronic record satisfies the law. (4) If a law requires a signature, an electronic signature satisfies the law.
Utah Code § 46-1-17 — Utah Code / Title 46 / Chapter 46-1 / § 46-1-17
§ 46-1-17. Obtaining official seal.
Status: in_force

(1) A person may not provide an official seal to an individual claiming to be a notary, unless the individual presents a copy of the individual's notarial commission, attached to a notarized declaration substantially as follows:Application for Notary's Official SealI, __________________ (name of individual requesting seal), declare that I am a notary public duly commissioned by the state of Utah with a commission starting date of __________, a commission expiration date of_______________, and a commission number of ___________. As evidence, I attach to this statement a copy of my commission. (2) (a) Except as provided in Subsection (2)(b), an individual may not create, obtain, or possess an electronic seal unless: (i) the individual is a notary; and (ii) the electronic seal complies with the standards established by rule under Subsection 46-1-3.7(1)(d). (b) A person is not guilty of a violation of Subsection (2)(a) if the person is a business that creates, obtains, or possesses an electronic seal for the sole purpose of providing the electronic seal to a certified notary. (3) A person who provides, creates, obtains, or possesses an official seal in violation of this section is guilty of a class B misdemeanor.
Utah Code § 46-4-203 — Utah Code / Title 46 / Chapter 46-4 / § 46-4-203
§ 46-4-203. Attribution and effect of electronic record and electronic signature.
Status: in_force

(1) (a) An electronic record or electronic signature is attributable to a person if it was the act of the person. (b) The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable. (2) The effect of an electronic record or electronic signature attributed to a person under Subsection (1) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.
Utah Code § 46-4-302 — Utah Code / Title 46 / Chapter 46-4 / § 46-4-302
§ 46-4-302. Admissibility in evidence.
Status: in_force

In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
Utah Code § 46-4-102 — Utah Code / Title 46 / Chapter 46-4 / § 46-4-102
§ 46-4-102. Definitions.
Status: in_force

As used in this chapter: (1) "Agreement" means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. (2) "Automated transaction" means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction. (3) "Computer program" means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result. (4) "Contract" means the total legal obligation resulting from the parties' agreement as affected by this chapter and other applicable law. (5) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (6) "Electronic agent" means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual. (7) "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means. (8) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. (9) "Governmental agency" means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state. (10) "Information" means data, text, images, sounds, codes, computer programs, software, databases, or the like. (11) "Information processing system" means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information. (12) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. (13) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (14) (a) "Security procedure" means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. (b) "Security procedure" includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures. (15) (a) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (b) "State" includes an Indian tribe or band, or Alaskan native village, that is recognized by federal law or formally acknowledged by a state. (16) "Transaction" means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs.
Utah Code § 46-4-204 — Utah Code / Title 46 / Chapter 46-4 / § 46-4-204
§ 46-4-204. Effect of change or error.
Status: in_force

(1) If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply: (a) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record. (b) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual: (i) promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person; (ii) takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and (iii) has not used or received any benefit or value from the consideration, if any, received from the other person. (2) If neither Subsection (1)(a) or (b) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any. (3) Subsections (1)(b) and (2) may not be varied by agreement.
Utah Code § 46-5-104 — Utah Code / Title 46 / Chapter 46-5 / § 46-5-104
§ 46-5-104. Legal material in official electronic record.
Status: in_force

(1) If an official publisher publishes legal material only in an electronic record, the official publisher shall: (a) designate the electronic record as official; and (b) comply with Sections 46-5-105, 46-5-107, and 46-5-108. (2) An official publisher that publishes legal material in an electronic record and also publishes the material in a record other than an electronic record may designate the electronic record as official if the official publisher complies with Sections 46-5-105, 46-5-107, and 46-5-108.