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In Utah, what scenario describes a disqualification for a notary public?

  1. The notary charging a fee for services rendered

  2. The notary witnessing a family member's signature

  3. The notary is a signer of or named in the document except in the case of a self-proved will

  4. The notary providing services to a business they are employed by

The correct answer is: The notary is a signer of or named in the document except in the case of a self-proved will

The scenario that describes a disqualification for a notary public in Utah centers on the notary serving as a signer or being named in the document they are notarizing. This presents a conflict of interest because a notary's role is to act as an impartial witness to the signing of documents. When a notary has a stake in the transaction—such as being a signer or named party—their objectivity and neutrality can be compromised. This principle is crucial to maintaining the integrity of the notarization process, ensuring that all parties involved receive an unbiased and fair witnessing of signatures. In most cases, the law prohibits notaries from notarizing documents in which they have any direct interest, to avoid situations that could lead to doubts about the validity of the notarization or potential accusations of fraud. Other scenarios—charging a fee, witnessing a family member's signature, and providing services to an employer—do not inherently disqualify a notary. Charging a fee is permitted under Utah law, as notaries can typically set their own fees as long as they remain reasonable. Witnessing a family member's signature is often allowed, provided the notary remains impartial and does not have a vested interest in the transaction. Lastly, assisting a business where the