57-2a-2 - Definitions.
57-2a-2. Definitions.
As used in this chapter:
(1) "Acknowledged before me" means:
(a) that the person acknowledging appeared before the person taking theacknowledgment;
(b) that he acknowledged he executed the document;
(c) that, in the case of:
(i) a natural person, he executed the document for the purposes stated in it;
(ii) a corporation, the officer or agent acknowledged he held the position or title set forthin the document or certificate, he signed the document on behalf of the corporation by properauthority, and the document was the act of the corporation for the purpose stated in it;
(iii) a partnership, the partner or agent acknowledged he signed the document on behalfof the partnership by proper authority, and he executed the document as the act of the partnershipfor the purposes stated in it;
(iv) a person acknowledging as principal by an attorney in fact, he executed the documentby proper authority as the act of the principal for the purposes stated in it; or
(v) a person acknowledging as a public officer, trustee, administrator, guardian, or otherrepresentative, he signed the document by proper authority, and he executed the document in thecapacity and for the purposes stated in it; and
(d) that the person taking the acknowledgment:
(i) either knew or had satisfactory evidence that the person acknowledging was the personnamed in the document or certificate; and
(ii) in the case of a person executing a document in a representative capacity, either hadsatisfactory evidence or received the sworn statement or affirmation of the person acknowledgingthat the person had the proper authority to execute the document.
(2) "Notarial act" means any act a notary public is authorized by state law to perform,including administering oaths and affirmations, taking acknowledgments of documents, andattesting documents.
Enacted by Chapter 155, 1988 General Session