Utah Notary Practice Test

A notary cannot perform their own document execution as a licensed escrow agent if they are listed as which of the following?

1. Trustee

2. Grantor

3. Both Grantor and Grantee

4. Sole beneficiary

The correct answer is: Both Grantor and Grantee

The correct answer, indicating that a notary cannot perform their own document execution as a licensed escrow agent if they are listed as both the grantor and grantee, emphasizes the principle of impartiality and the avoidance of conflicts of interest in notarial acts. When a notary has a dual role in a transaction—acting both as a grantor (the party transferring interest in property) and as a grantee (the party receiving that interest)—it creates a situation where their ability to act impartially could be compromised. Notaries are expected to act as unbiased witnesses to the signing of documents, ensuring that all parties involved are doing so willingly and without duress. If they have a personal stake in the transaction, this neutrality is lost, which can undermine the integrity of the notarization process. In legal contexts, maintaining independence is crucial, particularly in financial transactions that must be transparent and fair. Therefore, when a notary enters into a transaction where they have interests on both sides, it is not only ethically questionable but can also lead to potential legal ramifications. In contrast, being listed as a trustee or sole beneficiary does not present the same inherent conflict of interest in the context of performing notarial acts, allowing the notary to continue their