Utah UPL Statute Summary
Utah Code Ann §46-1-11 Prohibited acts – Advertising
- A nonattorney notary may not provide advice or counsel to another person concerning legal documents or legal proceedings, including immigration matters.
- (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 maybe 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.
Enforcement Mechanisms/Complaint Processes for UPL
Victims may contact the Division of Consumer Protection. You may mail a complaint to the following address:
Division of Consumer Protection160 East 300 South, 2nd Floor
P.O. Box 146704
Salt Lake City, Utah 84114-6704
Or by fax: (801) 530-6001
Liability may be found under the Utah Consumer Sales Practices Act, accessible here.
The Utah State Bar also has addresses UPL issues and has a complaint mechanism available to victims. An online complaint can be accessed here.
Reporting Ineffective Assistance of Counsel
To report ineffective assistance of counsel in Utah, contact the Utah State Bar Office of Professional Conduct using this instructional page.
Contact Information for Relevant Agencies
Office of Attorney General:
Division of Consumer Protection160 East 300 South, 2nd Floor
P.O. Box 146704
Salt Lake City, Utah 84114-6704
Fax: (801) 530-6001
Utah State Bar Association:
Utah Law & Justice Center645 South 200 East
Salt Lake City, Utah 84111
Tel: (801) 531-9077
Email: info@utahbar.org
Becoming a Notary Public
A person qualified for a notarial commission shall
- Be 18 years of age or older
- Be a U.S. citizen or have permanent resident status under Section 245 of the Immigration and Nationality Act
- Lawfully reside in the state 30 days immediately preceding the filing for notarial commission and maintain permanent residency thereafter.
- Be able to read, write, and understand English
- Pay ($95) for and pass the online exam
- Submit an application, bond, and Oath of Office to the Lieutenant Governor’s office containing no significant misstatement or omission of facts
The Office of the Utah Lieutenant Governor has a website, which outlines the process and qualifications needed in order to become a Notary Public.
For any assistance or questions, regarding notary services please go in person to the office, call, or email.
Notary OfficeUtah State Capitol
PO Box 142325
350 N State St. 220
Salt Lake City, UT 84114
Tel: (801) 538-1041
Email: notary@utah.gov
