Utah Code

Utah Code § 46-1-7 (2026)

Disqualifications

✓ current as of May 2026

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A notary may not perform a notarial act if the notary:

is a signer of the document that is to be notarized, except for:

a self-proved will as provided in Section 75-2-504; or

a self-proved electronic will as provided in Section 75-2-1408;

is named in the document that is to be notarized except for:

a self-proved will as provided in Section 75-2-504;

a self-proved electronic will as provided in Section 75-2-1408;

a licensed attorney that is listed in the document only as representing a signer or another person named in the document; or

a licensed escrow agent, as defined in Section 31A-1-301, that:

acts as the title insurance producer in signing closing documents; and

is not named individually in the closing documents as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, vendor, vendee, lessor, lessee, buyer, or seller;

will receive direct compensation from a transaction connected with a financial transaction in which the notary is named individually as a principal; or

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.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1986–2021 · leading case: Croft v. Morgan Cnty., 2021 UT 46 (Utah 2021).

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Croft v. Morgan Cnty., 2021 UT 46 (Utah 2021). · cites it 3× “¶48 While the text of Utah Code section 46-1-7 is clear, the consequences of its violation are not.”

In the Matter of the Est. of Juanita Valcarce (Valcarce v. Valcarce), 2013 UT App 95 (Utah Ct. App. 2013). “§ 46-1-7 (LexisNexis 2010) ("A notary may not perform a notarial act if the notary .”

Baker v. Schwendiman, 714 P.2d 675 (Utah 1986). “, 1953, § 46-1-7) and that it does not state the date on which Dalton’s *677 commission expires (U.”

— Utah Code § 46-1-7(1) — 1 case

Croft v. Morgan Cnty., 2021 UT 46 (Utah 2021). “¶48 While the text of Utah Code section 46-1-7 is clear, the consequences of its violation are not.”

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