New Jersey - U.S. Notary Reference

Last Update: June 30, 2025

Notary Jurisdiction

Statewide (NJSA 52:7-15).

Notary Term Length

Five years (NJSA 52:7-11.a.).

Notary Bond

Not required.

Notary Seal

Required (NJSA 52:7-10.5.b.).

Notary Journal

Required (NJSA 52:7-10.18.a.)

Go to top.

Commissioning Official

The State Treasurer appoints and commissions New Jersey Notaries (NJSA 52:7-11.a), and the Department of the Treasury’s Notary Public Unit is responsible for processing Notary commissions, as well as for providing certificates (including apostilles) to authenticate the acts of individual Notaries.

Contact Information

1. Address: Department of Treasury
   Division of Revenue & Enterprise Services
   Notary Public Unit
   P.O. Box 452
   Trenton, NJ 08646-0452
   33 West State St., 5th Floor
   Trenton, NJ 08608-1214)

2. Phone: 609-292-9292

3. Website: https://www.njportal.com/DOR/Notary

Laws, Rules and Guidelines

1. Laws

   1. New Jersey Statutes Annotated: Most Notary statutes are in the New Jersey Statutes Annotated (NJSA) Title 52, Chapter 7 (“Notaries Public”), also known as the “Notaries Public Act of 1979” (but effective October 20, 2021, has been renamed the “New Jersey Law on Notarial Acts”; and Title 46, Chapter 14 (“Acknowledgments and Proofs”).

   2. Citations: Citations to the Statutes in this chapter follow this convention: NJSA, title followed by a colon, chapter followed by a hyphen, section, and any paragraph or subparagraph within the section, if applicable, separated by periods and/or brackets. Example: NJSA 52:7-10.10.d.[1][a].

2. Rules

   1. New Jersey Administrative Code: Administrative rules implementing New Jersey’s Notary statutes are in the New Jersey Administrative Code (NJAC), Title 17, Chapter 50 (“Notary Public Rules”) that expire on March 16, 2023.

   2. Citations: Citations to the Rules in this chapter follow this convention: NJAC, title followed by a colon, chapter followed by a hyphen, and rule number, and any subsection or paragraph within the rule number, if any, separated by brackets. Example: NJAC 17:50-1.5[a]2.

3. Guidelines: Other guidelines are in the “New Jersey Notary Public Manual (NPM), (Rev. October 22, 2021) issued by the Division of Revenue and available on the website.

Go to top.

Commission Process

1. Qualifications: An applicant for a commission as a New Jersey Notary Public must:

   1. Be at least 18 years old,

   2. Be a resident of New Jersey or a resident of an adjoining state who maintains or have a place of employment or practice in New Jersey, and

   3. Not be disqualified to receive a commission under NJSA 52:7-10.4) (NJSA 52:7-12.a.).

2. Course: Required for initial and renewal Notary Public applicants. Non-attorney applicants for an initial Notary commission and renewal applicants for a commission who have previously completed the educational requirements or were commissioned before October 20, 2022, must comply with the educational requirements that the State Treasurer will set forth in rules (NJSA 52:7-10.10.2.b. and c.).

3. Exam: Required for initial Notary Public applicants. “The State Treasurer shall prescribe an examination to determine the fitness of a non-attorney applicant to exercise the functions of a notary public” (NJSA 52:7-10.3). The State Treasurer may charge up to $15 for each examination.

4. Application

   1. Online Filing: Applicants for a New Jersey Notary commission, both first-time and renewing, apply using the Department of Revenue’s website: “All applications shall be submitted electronically” (NJSA 52:7-11.b.).

   2. Endorsement: All applications must be endorsed by a state senator or assemblyperson (NJSA 52:7-11.b.). Online applications are forwarded directly to the senator or assemblyperson selected by the applicant during the application process; they will be endorsed and then returned to the Notary Public Unit for processing.

   3. Non-Resident Affidavit: Non-resident applicants also must submit an affidavit setting forth the addresses of their residence and their place of employment in New Jersey (NJSA 52:7-13.b.). Applicants must complete the affidavit, save it in an acceptable file format and upload it as part of the application process.

   4. Fee: The application fee is $25 (NJAC 17:50-1.4[b]). Acceptable forms of payment are MasterCard, Visa, Discover, American Express as well as debit cards that can be processed as a credit card.

5. Background Screening: Not required.

6. Oath of Office: “Within three months of the receipt of a commission, each notary public shall take and subscribe an oath before the clerk of the county in which the notary public resides, to faithfully and honestly discharge the duties of the office; and make and keep a true record of all such matters as are required by law, which oath shall be filed with the clerk. The oath of office of a nonresident notary public shall be taken and subscribed before the clerk of the county in which the nonresident notary public maintains the notary public’s office or the county in which the nonresident notary public is an employee of a business with its domicile or primary place of business in this State” (NJSA 52:7-14.a.).

7. Non-Residents: “No person shall be denied a commission as a notary public on account of residence outside this State, provided such person maintains, or is regularly employed in, an office in this State or is an employee of a business with its domicile or primary place of business in this State and performs his employment duties remotely from a home office or a co-working space” (NJSA 52:7-13.a.).
   “In addition to the requirements of section 3 of P.L.1979, c.460 (C.52:7-12), any nonresident shall file with the State Treasurer at the time of application a certificate setting forth the residence and the address of the applicant, and the office or place of employment of the applicant in this State” (NJSA 52:7-13.b.).

8. Reappointment: “Renewals shall be made in the same manner as the original application” (NJSA 52:7-11.b.).

9. No Immunity or Benefit: “The commission does not provide the notary public any immunity or benefit conferred by the law of this State on public officials or employees” (NJSA 52:7-14.c.).

Notification to Perform Electronic and Remote Notarial Acts

1. Electronic Notarial Acts: “Before a notary public performs the notary public’s initial notarial act with respect to an electronic record, the notary public shall notify the State Treasurer that the notary public will be performing notarial acts with respect to electronic records and identify the technology that the notary public intends to use.
   “If the State Treasurer has established standards for approval of technology pursuant to section 29 of P.L.2021, c.179 (C.52:7-10.20), the technology must conform to those standards. If the technology conforms to the standards, the State Treasurer shall approve the use of the technology” (NJSA 52:7-10.15.b).
   The notification must be made online at the State Treasurer’s website at http://www.nj.gov/njbgs (NJAC 17:50-1-16[b]).

2. Remote Notarial Acts: “Before a notary public performs the notary public’s initial notarial act under this section, the notary public must notify the State Treasurer that the notary public will be performing such notarial acts and identify the technologies the notary public intends to use” (NJSA 52:7-10.10.m.).
   “If the State Treasurer has established standards under subsection i. of this section and section 29 of P.L.2021, c.179 (C.52:7-10.20) for approval of communication technology or identity proofing, the communication technology and identity proofing must conform to those standards” (NJSA 52:7-10.10.n.).
   This notification must be made at the State Treasurer’s website at http://www.nj.gov/njbgs (NJAC 17:50-1-16[d]).

Online Search

New Jersey’s “Notary Public Search” service may be accessed by clicking “Look Up Active NJ Notaries Public” in the drop-down menu on the Division of Revenue’s homepage. Notaries may be searched by last name, city or zip code. Search results include the Notary’s full name, city, zip code and commission expiration date.

Jurisdiction

“A notary public who has been duly commissioned and qualified is authorized to perform his duties throughout the State” (NJSA 52:7-15).

Term Length

“The State Treasurer may commission so many notaries public as the State Treasurer deems necessary to commission. Notaries public shall hold their respective offices for a term of five years” (NJSA 52:7-11.a.).

Bond

Not required.

Changes of Status

1. Name Change: “If a notary public adopts a name different from that which the notary public used at the time the notary public was commissioned, before the notary public provides a signature to any record which the notary public is authorized or required to sign as notary public, the notary public shall make and sign a statement in writing and under oath, on a form prescribed and furnished by the State Treasurer, setting out the circumstances under which the notary public has adopted the new name. The statement shall state whether the new name has been adopted through marriage or civil union or by a change of name proceeding or otherwise, and such other information as the State Treasurer shall require” (NJSA 52:7-18.a.).
   “The statement shall be filed in the office of the State Treasurer. Such statement, or a certified copy, shall be evidence of the right of the notary public to continue to exercise the powers and privileges and perform the duties of a notary public in the changed or new name” (NJSA 52:7-18.b.).

2. Address Change: “Once commissioned, any such nonresident notary public shall file with the State Treasurer a certificate showing any change of residence or change of the office or place of employment of the notary public in this State” (NJSA 52:7-13.c.). The certificate must be filed online with the State Treasurer at www.nj.gov/njbgs.

Go to top.

Authorized Acts

1. Notarial Acts: New Jersey Notaries are authorized to perform the following notarial acts (52:7-10.1.f. and 52:7-10.7.a.), except as otherwise noted):

   1. Take acknowledgments and proofs;

   2. Administer oaths and affirmations;

   3. Take verifications on oath or affirmation;

   4. Witness or attest signatures;

   5. Certify or attest a copy or deposition;

   6. Note protests;

   7. Take depositions (NJ Court Rules, Rule 4:12-1);

   8. Witness the opening of safe deposit boxes (NJSA 17:14A-51).

2. In-Person Electronic and Remote Notarial Acts: New Jersey Notaries who have additionally notified the Secretary of State that they will be performing technology-based notarizations are authorized to perform the notarial acts listed above electronically or remotely.

Acknowledgments

1. Definitions

   1. Acknowledgment: “'Acknowledgment' means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record” (NJSA 52:7-10.1.a.; NJAC 17:50-1.2).

   2. In a Representative Capacity: “'In a representative capacity' means acting as:
      “1. An authorized officer, agent, partner, trustee, or other representative for a person
      other than an individual;
      “2. A public officer, personal representative, guardian, or other representative, in the
      capacity stated in a record;
      “3. An agent or attorney-in-fact for a principal; or
      “4. An authorized representative of another in any other capacity” (NJSA 52:7-10.1.d.; NJAC 17:50-1.2).

2. Requirements

   1. Identity of Principal: “A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed….” (NJSA 52:7-10.8.a.).

   2. Signature of Principal: “A notarial officer who takes an acknowledgment of a record shall determine … that the signature on the record is the signature of the individual” (NJSA 52:7-10.8.a.).

   3. Acknowledgment of Principal: “To acknowledge a deed or other instrument the maker of the instrument shall appear before an officer specified in R.S. 46:14-6.1 and acknowledge that it was executed as the maker’s own act. To acknowledge a deed or other instrument made on behalf of a corporation or other entity, the maker shall appear before an officer specified in R.S. 46:14-6.1 and state that the maker was authorized to execute the instrument on behalf of the entity and that the maker executed the instrument as the act of the entity” (NJSA 46:14-2.1.a.; see also NJSA 52:7-10.1.a.; NJAC 17:50-1.2).

Proofs

Requirements: “To prove a deed or other instrument, a subscribing witness shall appear before an officer specified in R.S. 46:14-6.1 and swear that he or she witnessed the maker of the instrument execute the instrument as the maker’s own act. To prove a deed or other instrument executed on behalf of a corporation or other entity, a subscribing witness shall appear before an officer specified in R.S. 46:14-6.1 and swear that the representative was authorized to execute the instrument on behalf of the entity, and that he or she witnessed the representative execute the instrument as the act of the entity” (NJSA 46:14-2.1.b.).
If a document cannot be acknowledged or proved for any reason, it may be proved by handwriting in superior court (NJSA 46:14-4.1).

Oaths and Affirmations

1. Definition: “The word ‘oath’ includes ‘affirmation;’ and the word ‘sworn’ includes ‘affirmed’ (NJSA 1:1-2 “oath; sworn”).

2. Requirements: Statute prescribes two wording alternatives for oaths and affirmations, either of which is as good and effectual in law, as an oath taken in the usual form.

   1. Oath Form: “I, do declare, in the presence of Almighty God, the witness of the truth of what I say….” (NJSA 41:1-6)

   2. Affirmation Form: “I, do solemnly, sincerely and truly declare and affirm… (NJSA 41:1-6).
      “In the affirmation or declaration, the words ‘so help me God’, at the close of the usual oath, shall be omitted” (NJSA 41:1-6).

3. Ceremony: “Every person who shall be permitted or required to take an oath in any case, where, by law, an oath is allowed or required, may take the same with the ceremony of lifting up the hand and swearing by the ever-living God, instead of that of touching and kissing the book of the gospels; and every person who is or shall be empowered and required to tender and administer an oath in the usual form, shall be and is empowered and required, on request of the party to be sworn, to administer the same in the manner herein prescribed” (NJSA 41:1-5).

Verifications

1. Definition: “'Verification on oath or affirmation' means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true” (NJSA 52:7-10.1.p.).

2. Requirements

   1. Identity of Principal: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed….” (NJSA 52:7-10.8.b.).

   2. Signature of Principal: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine that the signature on the statement verified is the signature of the individual” (NJSA 52:7-10.8.b.).

   3. Witness Signature: The certificate of notarial act for a verification on oath or affirmation reads, “Signed and sworn to (or affirmed) before me on (date) by (Name(s) of individual(s) making statement)” (NJSA 52:7-10.12.d.). The notarial officer must witness the principal execute their signature.

   4. Oath/Affirmation: The certificate of notarial act for a verification on oath or affirmation reads, “Signed and sworn to (or affirmed) before me on (date) by (Name(s) of individual(s) making statement)” (NJSA 52:7-10.12.d.). The notarial officer must administer an oath or affirmation to the principal.

Signature Witnessings or Attestations

Requirements

1. Identity of Principal: “A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed” (NJSA 52:7-10.8.c.).

2. Witness Signature: The certificate of notarial act for a signature witnessing reads, “Signed or attested before me on (date) by (name(s) of individual(s)” (NJSA 52:7-10.12.d.). The notarial officer must witness the principal execute their signature.

Copy Certifications

1. Requirements: “A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item” (NJSA 52:7-10.8.d.).

2. Paper Printout of Electronic Record: “A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record” (NJSA 52:7-10.7.c.).

Protests

1. Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs” (NJSA 12A:3-505).

2. Requirements: “A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in subsection b. of N.J.S.12A:3-505” (NJSA 52:7-10.8.e.).
   “[A protest] may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (NJSA 12A:3-505).

3. Evidentiary Value of Certificate of Protest: “The certificate of a notary public of this state or any other state of the United States, under his hand and official seal accompanying any bill of exchange or promissory note which has been protested by such notary for nonacceptance or nonpayment, shall be received in all the courts of this state as competent evidence of the official character of such notary, and also of the facts therein certified as to the presentment and dishonor of such bill or note and of the time and manner giving or sending notice of dishonor to the parties to such bill or note” (NJSA 2A:82-7).

Depositions

Authority: “Within this State, depositions shall be taken before a person authorized by the laws of this State to administer oaths” (NJ Court Rules, R. 4:12-1).

Safe Deposit Box Openings

Authority: “If the amount due for the rental of any vault, safe deposit box or receptacle for the storage and safekeeping of personal property of any safe deposit company or bank, savings bank, or savings and loan association authorized to conduct a safe deposit business under the laws of this State has not been paid for one year, the safe deposit company, bank, savings bank, savings and loan association may at any time after the expiration of the year send a written notice by registered mail addressed to the lessee or lessees in whose name the vault, safe deposit or receptacle stands on its records, directed to the address on its records, that if the rental for the vault, safe deposit box or receptacle is not paid within 30 days after the date of the mailing of the notice, it will have the vault, safe deposit box or receptacle opened in the presence of one of its officers and of a notary public not in its employ, and the contents thereof, if any, placed in a sealed package by the notary public, marked by him with the name of the lessee or lessees in whose name the vault, safe deposit box or receptacle stands and the estimated value thereof, and the package so sealed and marked will be placed in one of the general vaults, safes or boxes of the safe deposit company, bank, savings bank or savings and loan association. The notary’s proceedings shall be set forth in a certificate under his official seal, and the certificate shall be delivered to the savings and loan association, bank, savings bank or safe deposit company” (NJSA 17:14A-51).

Go to top.

Personal Appearance

1. Notarial Acts: If a notarial act relates to a statement made in, or a signature executed on, a record, the individual making the statement or executing the signature shall appear personally before the notarial officer or shall use communication technology to appear before the notarial officer pursuant to section 19 of P.L.2021, c.179 (C.52:7-10.10) (NJSA 52:7-10.9).

2. Remote Notarial Acts: “A remotely located individual may comply with section 18 of P.L.2021, c.179 (C.52:7-10.9) and subsections a. and b. of R.S.46:14-2.1 by using communication technology to appear before a notarial officer” (NJSA 52:7-10.10.c.).

Identification

1. Notarial Acts

   1. Requirement: In taking an acknowledgment and verification on oath or affirmation, and witnessing or attesting a signature, a notarial officer must verify the identity of the individual signing the record by personal knowledge or satisfactory evidence (NJSA 52:7-10.8.a., b., and c.).

   2. Personal Knowledge: “A notarial officer has personal knowledge of the identity of an individual appearing before the notarial officer if the individual is personally known to the notarial officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed” (NJSA 52:7-10.8.f.[1]).

   3. Satisfactory Evidence

      1. Identification Documents: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the notarial officer if the notarial officer can identify the individual by means of:
         “(a) A passport, driver’s license, or government-issued, non-driver identification card, which is current or expired not more than three years before the performance of the notarial act; or
         “(b) Another form of government-issued identification, which is current or expired not more than three years before the performance of the notarial act, and which:
         “(i) contains the individual’s signature or a photograph of the individual’s face; and
         “(ii) is satisfactory to the notarial officer….” (NJSA 52:7-10.8.f.[2][a]-[b]).

      2. Credible Witness: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the notarial officer if the notarial officer can identify the individual by means of … A verification of oath or affirmation of a credible witness personally appearing before the notarial officer or using communication technology to appear before the notarial officer pursuant to section 19 of P.L.2021, c.179 (C.52:7-10.10) and personally known to the notarial officer or whom the notarial officer can identify on the basis of a passport, driver’s license, or government-issued, non-driver identification card, which is current or expired not more than three years before the performance of the notarial act” (NJSA 52:7-10.8.f.[2][c]).

2. Additional Information or Credentials: “A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the notarial officer of the identity of the individual” (NJSA 52:7-10.8.f.[3]).

3. In-Person Electronic Notarial Acts: A Notary who performs a notarial act involving an electronic record must verify the identity of the individual presenting for notarization using personal knowledge or satisfactory evidence (NJAC 17:50-1.13).

4. Remote Notarial Acts

   1. Definitions

      1. Biometric Identification: “'Biometric identification' means using a human’s physical or behavioral human features to digitally identify a person. Examples of biometric identification includes systems that use fingerprints and facial and voice patterns” (NJAC 17:50-1.14[c]1.).

      2. Digital Public Key Certificate: “'Digital public key certificate' means an electronic credential issued by a trusted third-party that is used to identify a person who signed an electronic record” (NJAC 17:50-1.14[c]3.).

      3. Dynamic Knowledge-Based Authentication Assessment: “'Dynamic knowledge-based authentication assessment' means identifying a person by asking the person a set of questions derived from public or private data sources for which the person has not been provided prior answers” (NJAC 17:50-1.14[c]4.).

      4. Identity Proofing: "'Identity proofing' means a process or service by which a third person provides a notarial officer with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources” (NJSA 52:7-10.10.a[3]; NJAC 17:50-1.14[c]6.).

   2. New Jersey Statutes Annotated: According to the New Jersey Statutes Annotated, a notarial officer may verify the identity of a remotely located individual through one of the following:

      1. Personal Knowledge: The notarial officer may identify a remotely located individual based on the officer’s personal knowledge of the individual (NJSA 52:7-10.10.d.[1][a]).

      2. Identity Proofing: The notarial officer may identify a remotely located individual through two forms of identity proofing (NJSA 52:7-10.10.d.[1][c]).

      3. Credible Witness: The notarial officer may identify a remotely located individual through the oath of a credible witness appearing before the notarial officer pursuant to NJSA 52:7-10.8.f.(2) or using communication technology to appear before the notarial officer (NJSA 52:7-10.10.d.[1][b]).

   3. New Jersey Administrative Code: According to the New Jersey Administrative Code a notarial officer may verify the identity of a remotely located individual through:

      1. Visual Verification of ID and Personal Knowledge: A notarial officer may satisfactorily identify a remotely located individual through visual verification of and ID document under NJAC 17:50-1.13[b]2. and the officer’s personal knowledge of the remotely located individual (NJAC 17:50-1.14(g)3.i.-ii.).

      2. Visual Verification of ID and Identity Proofing: A notarial officer may satisfactorily identify a remotely located individual through visual verification of and ID document under NJAC 17:50-1.13[b]2. and one of the following forms of identity proofing (NJAC 17:50-1.14(g)3.i.-ii.)

         1. Dynamic KBA: “Dynamic knowledge-based authentication that is provided online by a third-party and that substantially follows recommended practices for this form of identification, as set forth by any of the three following authorities: National Notary Association (January 2017), available at: https://www.nationalnotary.org/file library/nna/reference-library/model-enotarization-act.pdf; the National Association of Secretaries of State (February 19, 2018) at: https://www.nass.org/sites/default/files/resolutions/2018-02/nass-support-revised-enotarization-standards-winter18_0.pdf; and the Mortgage Industry Standards Maintenance Organization ( MISMO Remote Online Notarization Standards, Final Candidate Recommendation (CR) Version, Version 1. (2019). The Mortgage Industry Standards Maintenance Organization. Washington, D.C.) available at: www.mismo.org/standards-and-resources/emortgage-specifications/remot-online-notarization-standards….”

         2. Biometrics: “Biometric identity verification that is in substantial compliance with National Institute of Standards and Technology requirements, as set forth at Special Publication 800-76-2, https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-76-2.pdf….”

         3. Public Key Certificate: “Digital public key certificate issued by a trusted third-party in substantial compliance with the National Notary Association’s recommended practice, set forth at: https://www.nationalnotary.org/file library/nna/reference-library/model-enotarization-act.pdf, (Appendix II/Rule 2, Public Key Certificate)….”

   4. Notary Public Manual: The “Notary Public Manual” published by the Department of the Treasury states that a Notary identifies a remotely located individual through both:

      1. Visual Verification of ID: A notarial officer may satisfactorily identify a remotely located individual through visual verification of and ID document under NJAC 17:50-1.13[b]2., and

      2. One form of identity proofing as provided under the New Jersey Administrative Code (see above).

Refusal of Services

1. Specific Grounds

   1. Competence: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that … the individual executing the record is competent or has the capacity to execute the record….” (NJSA 52:7-10.17.a.[1]; NJAC 17:50-1.17[a]1.).

   2. Willingness: ““A notarial officer may refuse to perform a notarial act if the officer is not satisfied that … the individual’s signature is knowingly and voluntarily made….“ (NJSA 52:7-10.17.a.[2]; NJAC 17:50-1.17[a]2.).

   3. Nonconforming Signature: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that … the individual’s signature on the record or statement substantially conforms to the signature on a form of identification used to determine the identity of the individual….“ (NJSA 52:7-10.17.a.[3]; NJAC 17:50-1.17[a]3.).

   4. Physical Appearance of Principal: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that … the physical appearance of the individual signing the record or statement substantially conforms to the photograph on a form of identification used to determine the identity of the individual” (NJSA 52:7-10.17.a.[4]; NJAC 17:50-1.17[a]4.).

2. General Grounds

   1. Unless Refusal Is Prohibited: “A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than P.L.1979, c.460 (C.52:7-10 et seq.), as amended and supplemented by P.L.2021, c.179 (C.52:7-10.1 et al.)” (NJSA 52:7-10.17.b.).

   2. Unless Principal Provides Proof: “A notarial officer may refuse to perform a notarial act, unless the individual presenting the record provides the officer with proof that refusal is prohibited by a State of New Jersey law other than N.J.S.A. 52:7-10 et seq.” (NJAC 17:50-1.17[b]).

Signature by Mark

1. Definitions

   1. Sign: “'Sign' means, with present intent to authenticate or adopt a record: … [t]o execute or adopt a tangible symbol” (NJSA 52:7-10.1.l.[1]).

   2. Signature: “'Signature' means a tangible symbol … that evidences the signing of a record” (NJSA 52:7-10.1.m.).

2. Signature Is “Mark”: “For purposes [NJSA Title 46 (“Property”)], a signature includes any mark made on a document by a person who thereby intends to give legal effect to the document” (NJSA 46:14-4.2).

Signature by Proxy

1. Authority: “If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the record with the individual’s name. The notarial officer shall insert ‘Signature affixed by (name of other individual) at the direction of (name of individual)’ or words of similar import” (NJSA 52:7-10.11).

2. Signature Is “Mark”: For purposes related to NJSA Title 46 (“Property”), “[a] signature also includes any mark made on a document on behalf of a person, with that person’s authority and to effectuate that person’s intent” (NJSA 46:14-4.2).

Disqualifying Interest

1. Personal: “A notarial officer may not perform a notarial act with respect to a record to which the officer … is a party, or in which [the officer] has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable” (52:7-10.7.b.).

2. Spouse, Civil Partner: A notarial officer may not perform a notarial act with respect to a record to which … the officer’s spouse or civil union partner is a party, or in which either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable” (52:7-10.7.b.).

3. Oath by Corporate Notary: “a. A notary public who is a stockholder, director, officer, employee or agent of a financial institution or other corporation may administer an oath to any other stockholder, director, officer, employee or agent of the corporation.
   “b. A notary public employed by a financial institution may follow directions or policies of the employer which provide that during the hours of the notary public’s employment by the financial institution the notary public shall not administer oaths except in the course of the business of the employer.
   “As used in this section, ‘financial institution’ means a State or federally chartered bank, savings and loan association or credit union” (NJSA 41:2-3).

4. Depositions: “No deposition shall be taken before or recorded by a person, whether or not a certified court reporter, who is a relative, employee or attorney of a party or a relative or employee of such attorney or is financially interested in the action. Any regulations of the State Board of Court Reporting respecting disqualification of certified court reporters shall apply to all persons taking or recording a deposition.
   “The foregoing prohibitions shall not apply to a person making an audiovisual recording of the deposition, provided
   “(1) the person is not a relative of a party, and
   “(2) the person has no financial interest in the action, except that the person may be an attorney of a party or an employee of such attorney” (NJ Court Rules, R. 4:12-4).

5. Protest by Corporate Notary: A Notary who is a stockholder, director, officer, employee or agent of a bank or other corporation may execute a protest for the bank or corporation unless the Notary is individually a party to the instrument at issue (NJSA 7:5-6).

Unauthorized Practice of Law

1. Prohibitions: “The State Treasurer may deny an application for commission as a notary public; refuse to renew a commission of a notary public; or suspend, revoke, or otherwise limit the commission of a notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability necessary to act as a notary public, including: … in the case of a notary public who is not an attorney licensed to practice law, any of the following:
   “(a) giving legal advice;
   “(b) acting as an immigration consultant or an expert on immigration matters;
   “(c) otherwise performing the duties of an attorney licensed to practice law in New Jersey;
   “(d) a disciplinary or other administrative action resulting in a finding of culpability if the applicant holds any professional license regulated by the State; or
   “(e) creating or reinforcing, by any means, a false impression that the person is licensed to engage in the practice of law in this State or any other state, including, but not limited to, committing a violation of P.L.1994, c.47 (C.2C:21-22) or P.L.1997, c.1 (C.2C:21-31)” (NJSA 52:7-10.4.a.[7]).

2. UPL Opinion No. 41: In Opinion No. 41, Notaries Public and the Unauthorized Practice of Law, the Committee on the Unauthorized Practice of Law appointed by the New Jersey Supreme Court, concluded: “Specifically, the Committee deems it to be an unauthorized practice of law for any notary public of the State of New Jersey to render assistance by giving advice or by preparing, reviewing, analyzing, or completing any forms, writings, pleadings, or other documents in person, in writing, electronically or otherwise” (Opinion 41 of the Committee on the Unauthorized Practice of Law, 178 N.J.L.J. 444 and 13 N.J.L. 2273, November 1, 2004).
   Citing Unauthorized Practice of Law Opinion No. 40 (on the subject of “Do-It-Yourself Kits”), the Committee said: “… although … a non-lawyer seller may assist the purchaser [of Do-It-Yourself kits] by typing, transcribing, or translating, the rendering of any other assistance with the preparation, review, analysis, or completion of materials included in these kits in person, in writing, electronically, or otherwise constitutes the unauthorized practice of law and is therefore prohibited” (Opinion 41 of the Committee on the Unauthorized Practice of Law, 178 N.J.L.J. 444 and 13 N.J.L. 2273, November 1, 2004).

Advertising

1. False or Misleading Advertising: “The State Treasurer may deny an application for commission as a notary public; refuse to renew a commission of a notary public; or suspend, revoke, or otherwise limit the commission of a notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability necessary to act as a notary public, including: … “use of false or misleading advertising or representation by the notary public representing that the notary is commissioned, licensed, or authorized to practice or engage in work that the notary is not commissioned, licensed, or authorized to engage in” (NJSA 52:7-10.4a.[6]).
   Non-attorney Notaries may not “use or advertise the title of lawyer or attorney-at-law, or equivalent terms, in the English language or any other language, which mean or imply that the notary public is licensed as an attorney-at-law in the State of New Jersey or in any other jurisdiction of the United States” (NJSA 52:7-11.b).

2. Mandatory Notice: “[A] notary public who advertises the notary public’s services in any language is required to provide with such advertisement a notice in the language of the advertisement which contains the following statement or translation of the following statement if the advertisement is not in English: ‘I am not an attorney licensed to practice law and may not give legal advice about immigration or any other legal matter or accept fees for legal advice’” (NJSA 52:7-11.b.).

In-Person Electronic Notarial Acts

1. Applicable Law

   1. Uniform Electronic Transactions Act: New Jersey has adopted the Uniform Electronic Transactions Act (NJSA 12A:12-1 through 12A:12-26), including the provision on notarization, thereby recognizing the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (NJSA 12A:12-11).

   2. Revised Uniform Law on Notarial Acts: Effective October 20, 2021, New Jersey adopted the Revised Uniform Law on Notarial Acts provisions for notarizations on electronic records.

   3. New Jersey Administrative Code: Sections 17:50-1.15 and 17:50-1.16 of the New Jersey Administrative Code provide additional rules for performing notarial acts involving electronic records.

2. Tamper-Evident Technology

   1. Definition: “'Tamper-evident' means that any change to a record shall provide evidence of the change” (NJAC 17:50-1.15[b]1.).

   2. Selection by Notary: “A notarial officer may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notarial officer to perform a notarial act with respect to an electronic record with a technology that the notarial officer has not selected” (NJSA 52:7-10.15.a.).

3. Technology Systems

   1. Approval of Systems: Not required.

   2. List of System Providers: Not provided.

4. Exclusions: NJAC 17:50-1.16(a) provides that a notarial officer may perform a notarial act using tamper-evident technology on any record with the exception of wills, codicils, and testamentary trusts.

Remote Notarial Acts

1. Applicable Law

   1. Revised Uniform Law on Notarial Acts: Effective October 20, 2021, New Jersey adopted the Revised Uniform Law on Notarial Acts provisions for notarizations involving remotely located individuals.

   2. New Jersey Administrative Code: Section 17:50-1.14 of the New Jersey Administrative Code provides additional rules for performing notarial acts involving electronic records. These rules are summarized below.

2. Technology Systems

   1. Approval of Systems: Not required. “If the State Treasurer has established standards under subsection i. of this section and section 29 of P.L.2021, c.179 (C.52:7-10.20) for approval of communication technology or identity proofing, the communication technology and identity proofing must conform to those standards” (NJSA 52:7-10.10.n.).

   2. List of System Providers: Not provided.

3. Authorization and Exclusions

   1. All Notarial Acts: A notarial officer may perform any notarial act using communication technology for a remotely located individual provided the requirements in Subsection d. of NJSA 52:7-10.10 are satisfied, subject to the exclusions noted below.

   2. Remote Oaths: “A notarial officer in this State may administer an oath to a remotely located individual using communication technology. Except as required or permitted by rule or law of this State, the notarial officer shall identify the individual under paragraph (1) of subsection d. of this section, create an audio-visual recording under paragraph (3) of subsection d. of this section of the individual taking the oath, and preserve a copy of the audio-visual recording under subsection l. of this section” (NJSA 52:7-10.10.i.).

   3. Wills and Codicils: “This section does not apply to a record to the extent it is governed by a law governing the creation and execution of wills or codicils, except that subsections e., f., g., and h. of this section [see “Paper Remote Notarization” below] shall apply to notarial acts performed on a tangible record that is governed by a law governing the creation or execution of wills and codicils” (NJSA 52:7-10.10.b.).

4. Governing Law: “A notarial act performed using communication technology for a remotely located individual is deemed performed in New Jersey and is governed by New Jersey law” (NJSA 52:7-10.10.q.[2]).

5. Location of Remotely Located Individual: “A notarial officer may perform a notarial act using communication technology for a remotely located individual that meets the requirements of section 19 of P.L.2021, c.179 (C.52:7-10.10) and subsections a. and b. of R.S.46:14-2.1 regardless of whether the remotely located individual is physically located in this State” (NJSA 52:7-10.10.q.[1]).

6. Principals Located Outside the U.S.: “A notarial officer located in this State may perform a notarial act using communication technology for a remotely located individual if …
   “(a) the record:
   “(i) is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or
   “(ii) involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and
   “(b) the act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located” (NJSA 52:7-10.10.d.[4]).

7. Confirmation of Record: “A notarial officer located in this State may perform a notarial act using communication technology for a remotely located individual if … the notarial officer is able reasonably to confirm that a record before the notarial officer is the same record in which the remotely located individual made a statement or on which the remotely located individual executed a signature” (NJSA 52:7-10.10.d.[2]).

8. Communication Technology

   1. Definition: “‘Communication technology’ means an electronic device or process that:
      “(a) allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and
      “(b) when necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment” (NJSA 52:7-10.10.a.[1]).

   2. Requirements: “A notarial officer located in this State may perform a notarial act using a communication technology for a remotely located individual, regardless of whether the individual is physically located in this State, if the notarial officer … [e]nsures the remote session is interactive and secure, meaning the notary and person are viewing each other directly in real time and that the session cannot be viewed and/or recorded by an unauthorized party. The notarial officer must follow the security procedures of the National Notary Association, as supplemented (https://www.nass.org/sites/default/files/resolutions/2018-02/nass-support-revised-enotarization-standards-winter18_0.pdf) (NJAC 17:50-1.14[g]1.).

9. Audio-Visual Recording: For the requirement that a Notary who performs notarial acts for remotely located individuals keep a recording of each notarial act, see “Records of Notarial Acts,” below.

10. Recognition of Remote Notarial Acts: “It is the intent of the Legislature that, to the fullest extent allowed by the Full Faith and Credit Clause of the United States Constitution and the laws of the 50 states and the District of Columbia, a notarial act performed in this State shall be recognized, be enforceable, and have the same effect under the law of the 50 states as if performed by a notarial officer of those jurisdictions” (NJSA 52:7-10.10.r.).

Paper Remote Notarial Acts

1. Acknowledgments Only: “A notarial officer in this State may use communication technology under subsection d. of this section to take an acknowledgement of a signature on a tangible record that is in the possession of the notary public if the record is displayed to and identified by the remotely located individual during the audio-visual session required by paragraph (3) of subsection d. of this section” (NJSA 52:7-10.10.e.).

2. Confirmation of Paper Record: “A notarial officer’s obligation under paragraph (2) of subsection d. of this section for the performance of a notarial act with respect to a tangible record not physically present before the notarial officer is satisfied if:
   “(1) the remotely located individual:
   “(a) during the audio-visual session required by paragraph (3) of subsection d. of this section, signs:
   “(i) the record; and
   “(ii) a declaration, substantially in the following form, which is part of or securely attached to the record:
   “I declare under penalty of perjury that the record to which this declaration is attached is the same record on which performed a notarial act and before whom I appeared by means of communication technology on [date].
   “__________________ Printed name of remotely located individual
   “__________________ Signature of remotely located individual; and
   “(b) sends the record and declaration to the notarial officer not later than three days after the notarial act was performed” (NJSA 52:7-10.10.f.[1]).

3. Audio-Visual Recording: A notarial officer who performs a notarial act using communication technology on a paper record must make an audio-visual recording of the notarial act. In the audio-visual recording, the notarial officer must record the individual signing the record and declaration (NJSA 52:7-10.10.f.[2][a]); see “Records of Notarial Acts,” below).

4. Certificate of Notarial Act: After receipt of the paper record and declaration from the individual, the notarial officer must execute the certificate of notarial act required by NJSA 52:7-10.19, which must include the following statement or words of similar import: “I [name of notarial officer] witnessed, by means of communication technology, [name of remotely located individual] sign the attached record and declaration on [date]” (NJSA 52:7-10.10.f.[2][b]).

5. Alternative Procedures Authorized: “Subsections f. and g. of this section are not intended to exclude other procedures to satisfy the requirements of this section for a notarial act performed with respect to a tangible record” (NJSA 52:7-10.10.h.).

6. Effective Date of Notarial Act: A notarial act using communication technology on a paper record that complies with NJSA 52:7-10.19a(1) is effective as of the date on which the declaration was signed by the remotely located individual (NJSA 52:7-10.10.g.).

Validity of Notarial Acts

1. Failures, Validity, Exception: “Except as otherwise provided in section 9 of P.L.2021, c.179 (C.52:7-10.4), the failure of a notarial officer to perform a duty or meet a requirement specified in P.L.1979, c.460 (C.52:7-10 et seq.), as amended and supplemented by P.L.2021, c.179 (C.52:7-10.1 et al.), does not invalidate a notarial act performed by the notarial officer” (NJSA 52:7-10.19.a.).

2. Invalidation: “The validity of a notarial act under P.L.1979, c.460 (C.52:7-10 et seq.), as amended and supplemented by P.L.2021, c.179 (C.52:7-10.1 et al.), does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies available by law and as provided in P.L.1979, c.460 (C.52:7-10 et seq.), as amended and supplemented by P.L.2021, c.179 (C.52:7-10.1 et al.)” (NJSA 52:7-10.19.a.).

3. Lack of Authority: “P.L.1979, c.460 (C.52:7-10 et seq.), as amended and supplemented by P.L.2021, c.179 (C.52:7-10.1 et al.), shall not validate any purported notarial act performed by an individual who does not have the authority to perform notarial acts” (NJSA 52:7-10.19.c.).

Withholding Records

“The State Treasurer may deny an application for commission as a notary public; refuse to renew a commission of a notary public; or suspend, revoke, or otherwise limit the commission of a notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability necessary to act as a notary public, including: … withholding access to or possession of an original record or photocopy provided by a person who seeks performance of a notarial act by the notary public, except where allowed by law” (NJSA 52:7-10.4a.[9]).

Go to top.

Certificate Requirements

1. General Requirement: “A notarial act shall be evidenced by a certificate” (52:7-19.a.).

2. Specific Requirements: “The certificate shall:
   “(1) be executed contemporaneously with the performance of the notarial act;
   “(2) be signed and dated by the notarial officer;
   “(3) identify the jurisdiction in which the notarial act is performed;
   “(4) contain the title of office of the notarial officer; and
   “(5) if the notarial officer is a notary public, indicate the date of expiration of the officer’s commission” (NJSA 52:7-19.a).

3. Deed and Real Property Requirements: “The officer taking an acknowledgment or proof shall sign a certificate stating that acknowledgment or proof. The certificate shall also state:
   “(1) that the maker or the witness personally appeared before the officer;
   “(2) that the officer was satisfied that the person who made the acknowledgment or proof was the maker of or the witness to the instrument;
   “(3) the jurisdiction in which the acknowledgment or proof was taken;
   “(4) the officer’s name and title;
   “(5) the date on which the acknowledgment was taken” (NJSA 46:14-2.1.c.).
   “The seal of the officer taking the acknowledgment or proof need not be affixed to the certificate stating that acknowledgment or proof” (NJSA 46:14-2.1.d.).

4. Contemporaneous Completion: “A notarial officer may not affix the officer’s signature to, or logically associate it with, a certificate until the notarial act has been performed” (52:7-19.d.).

Certificate Forms

New Jersey has adopted the Revised Uniform Law on Notarial Acts (RULONA) and its short-form certificates. These notarial certificate forms follow.