(2) To qualify for a notarial commission an individual shall:

1. (a) be at least 18 years old;
2. (b) lawfully reside in the state for at least 30 days immediately before the individual applies for a notarial commission;
3. (c) be able to read, write, and understand English;

4. (d) submit an application to the lieutenant governor containing no significant misstatement or omission of fact, that includes:

   1. (i) the individual's:

      1. (A) name as it will appear on the commission;
      2. (B) residential address;
      3. (C) business address;
      4. (D) daytime telephone number; and
      5. (E) date of birth;
   2. (ii) an affirmation that the individual meets the requirements of this section;
   3. (iii) an indication of any criminal convictions the individual has received, including a plea of admission or no contest;
   4. (iv) all issuances, denials, revocations, suspensions, restrictions, and resignations of a notarial commission or other professional license involving the applicant in this or any other state;
   5. (v) an indication that the individual has passed the examination described in Subsection (5); and
   6. (vi) payment of an application fee that the lieutenant governor establishes in accordance with Section 63J-1-504; and

5. (e)

   1. (i) be a United States citizen; or
   2. (ii) have permanent resident status under Section 245 of the Immigration and Nationality Act.

(3) The lieutenant governor may deny an application based on:

1. (a) the applicant's conviction for a crime involving dishonesty or moral turpitude;
2. (b) any revocation, suspension, or restriction of a notarial commission or professional license issued to the applicant by this or any other state;
3. (c) the applicant's official misconduct while acting in the capacity of a notary; or
4. (d) the applicant's failure to pass the examination described in Subsection (5).

(4)

1. (a) An individual whom the lieutenant governor commissions as a notary may perform notarial acts in any part of the state for a term of four years, unless the person resigns or the commission is revoked or suspended under Section 46-1-19.

2. (b)

   1. (i) After an individual's commission expires, the individual may not perform a notarial act until the individual obtains a new commission.
   2. (ii) An individual whose commission expires and who wishes to obtain a new commission shall submit a new application, showing compliance with the requirements of this section.

(5)

1. (a) Each applicant for a notarial commission shall take an examination that the lieutenant governor approves and submit the examination to a testing center that the lieutenant governor designates for purposes of scoring the examination.
2. (b) The testing center that the lieutenant governor designates shall issue a written acknowledgment to the applicant indicating whether the applicant passed or failed the examination.

(6)

1. (a) A notary shall maintain permanent residency in the state during the term of the notary's notarial commission.
2. (b) A notary who does not maintain permanent residency under Subsection (6)(a) shall resign the notary's notarial commission in accordance with Section 46-1-21.