Interpreters - use in facilitation of notarial acts - limitations

(1) If a notarial officer and an individual for whom a notarial act is to be performed do not communicate in the same language, an interpreter who communicates in a language in common with both the notarial officer and the individual may be used to facilitate the notarial act. A notarial officer may rely on representations made by the interpreter on behalf of the individual for whom the notarial act is performed as factual. Any errors in interpretation are not attributable to the notarial officer, and the notarial officer is not liable in any disputes arising from such errors. (2) An interpreter shall appear personally, as defined in section 24-21-506 (2), before the notarial officer. An interpreter appearing personally before the notarial officer shall be identified pursuant to section 24-21-507 or, if appearing personally by means of real-time audio-video communication, pursuant to section 24-21-514.5. (3) (a) An interpreter shall not provide interpreter services when the interpreter has a disqualifying interest in the transaction. For the purposes of this subsection (3), an interpreter has a disqualifying interest in a transaction if: (I) The interpreter or the interpreter's spouse, partner in a civil union, ancestor, descendent, or sibling is a party to or is named in the record that is to be notarized; or (II) The interpreter or the interpreter's spouse or partner in a civil union may receive directly and as a proximate result of the notarization any advantage, right, title, interest, cash, or property. This subsection (3)(a)(II) does not apply to a reasonable fee received by the interpreter for providing interpreter services. (b) A notarial act is voidable if interpreter services are provided in violation of this subsection (3) in relation to the notarial act. (4) (a) If a notarial officer does not communicate in the same language as the individual executing the record with respect to which the notarial officer is performing a notarial act, the notarial officer is not liable in any legal action regarding a dispute that directly results from an error in interpretation. (b) A party who files an action for damages based on a violation of this part 5 related to a notarial act that a notarial officer performed in accordance with this section has the burden of proof in establishing that the dispute is related to a cause other than the interpretation. (5) Nothing in this section limits a notarial officer's authority to refuse to perform a notarial act as set forth in section 24-21-508. (6) In addition to complying with the requirements of section 24-21-515, the certificate of notarial act for a remote notarization that was performed using an interpreter must indicate that the notarial act was performed using an interpreter and include the name and credential or certification number, if any, of the interpreter.