New Jersey - U.S. Notary Reference
Last Update: January 9, 2024
QUICK FACTS
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)
ADMINISTRATION AND RULES
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
Address: Department of Treasury
Div. 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)Phone: 609-292-9292
Website: http://www.nj.gov/treasury/revenue/dcr/programs/notary.shtml
Laws, Rules and Guidelines
Laws: 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”).
Rules: 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.
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.
COMMISSION AND APPOINTMENT
Commission Process
Qualifications: An applicant for a commission as a New Jersey Notary Public must:
Be at least 18 years old,
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
Not be disqualified to receive a commission under NJSA 52:7-10.4) (NJSA 52:7-12.a.).
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).
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.
Application: 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).
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.
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. 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.Background Screening: Not required.
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).
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).Reappointment: “Renewals shall be made in the same manner as the original application” (NJSA 52:7-11.b).
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
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]).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
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).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.
NOTARIAL ACTS
Authorized Acts
Notarial Acts: New Jersey Notaries are authorized to perform the following notarial acts (NJSA 22A:4-14 and 52:7-10.1.f), except as otherwise noted):
Take acknowledgments and proofs;
Administer oaths and affirmations;
Take verifications on oath or affirmation;
Witness or attest signatures;
Certify or attest a copy or deposition;
Note protests;
Take depositions (NJ Court Rules, Rule 4:12-1);
Witness the opening of safe deposit boxes (NJSA 17:14A-51).
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
Definition: “'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).
Requirements: “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 and that the signature on the record is the signature of the individual” (NJSA 52:7-10.8.a).
“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).
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
Definition: “An oath is a spoken pledge, given by a person appearing before the Notary, that his/her attestation or promise is made under an immediate sense of responsibility to a Supreme Being for the truthfulness of a specific statement or statements, or the faithful performance of a specific duty or function.
Requirements: Statute prescribes two wording alternatives for oaths and affirmations: “I, do declare, in the presence of Almighty God, the witness of the truth of what I say,” and, “I, do solemnly, sincerely and truly declare and affirm …, either of which forms shall be as good and effectual in law, as an oath taken in the usual form. 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).
Verifications
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).
Requirements: “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 and that the signature on the statement verified is the signature of the individual” (NJSA 52:7-10.8.b).
Signature Witnessings or Attestations
Requirements: “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).
Copy Certifications
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).
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
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).
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).
“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
Authorization: “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).
Requirements: “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).
Safe Deposit Box Openings
Authorization: “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).
STANDARDS OF PRACTICE
Personal Appearance
Requirement: 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).
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
Notarial Acts
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).
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]).
Satisfactory Evidence: “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; or
“(c) 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]).
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]).
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).
Remote Notarial Acts
Definitions
“'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).
“'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).
“'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).
Personal Knowledge: A notarial officer may rely on the officer’s personal knowledge to verify the identity of a remotely located individual (NJSA 52:7-10.10.d[1][a]).
Satisfactory Evidence: Satisfactory evidence of identity for a remotely located individual includes two different types of identity proofing or by the oath or affirmation from 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.
“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 … [o]btains satisfactory identification for the remotely located individual that, for purposes of this subsection, means:
“i. Visually verifies a proof of identity document as set forth at N.J.A.C. 17:50-1.13(b)2; and
“ii. Uses personal knowledge to authenticate the individual’s identity, or one of the following methods of identity proofing to authenticate the individual’s identity, which are incorporated herein by reference, as amended and supplemented:
“(1) 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) 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; and
“(3) 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) (NJAC 17:50-1.14[g]3).
Refusal of Services
Specific Grounds: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:
“(1) the individual executing the record is competent or has the capacity to execute the record;
“(2) the individual’s signature is knowingly and voluntarily made;
“(3) 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; or
“(4) 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” (52:7-10.17.a).General Grounds: “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.)” (52:7-10.17.b).
“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
“'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]).
““Signature' means a tangible symbol … that evidences the signing of a record” (NJSA 52:7-10.1.m).
“For purposes [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
“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).
For purposes related to 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
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).
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).
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” (NJSA 41:2-3).
“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).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
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]).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).Penalties: New Jersey has tightened its laws regarding the unauthorized practice of law, clarifying that it is a crime of the third degree for non-attorneys to represent themselves as licensed to practice law (NJSA 2C:21-22[1][b][(1)] and 2C:21-31[1][b][(3)]). It also has enacted new laws governing such misrepresentation by non-attorney Notaries specifically.
Advertising
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).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
Applicable Law
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).
Effective October 20, 2021, New Jersey adopted the Revised Uniform Law on Notarial Acts provisions for notarizations on electronic records.
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.
Effective November 3, 2014, the New Jersey State Division of Archives and Records Management published administrative rules to govern the electronic recording of real property documents. The rules provide that an electronic document submitted for electronic recording in New Jersey must be notarized in compliance with the New Jersey Uniform Electronic Transactions Act (NJ Administrative Code, Section 15:3-9.6).
Tamper-Evident Technology: “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).
“'Tamper-evident' means that any change to a record shall provide evidence of the change” (NJSA 17:50-1.15[b]1).Technology Systems
Approval of Systems: Not required.
List of System Providers: Not provided.
Exclusions: NJSA 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
Applicable Law
Effective October 20, 2021, New Jersey adopted the Revised Uniform Law on Notarial Acts provisions for notarizations involving remotely located individuals.
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.
Technology Systems
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).
List of System Providers: Not provided.
Authorization and Exclusions
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.
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).
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.
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]).
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]).
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]).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]).
Communication Technology: “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 17:50-1.16[g]1).
“‘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]).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.
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
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).
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]).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).
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]).
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).
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
“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.).
“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.).
“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]).
CERTIFICATE OF NOTARIAL ACT
Certificate Requirements
General Requirement: “A notarial act shall be evidenced by a certificate” (52:7-19.a).
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” (52:7-19.a).
“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).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).
“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).
Certificate Forms
New Jersey has adopted the Revised Uniform Law on Notarial Acts (RULONA) and its short-form certificates. These notarial certificate forms follow.
Acknowledgment by Individual (NJSA 52:7-10.12.a.) State of __________ This record was acknowledged before me on __________ (date) by __________ (name of individual(s)). (Signature of notarial officer) (Stamp) |
Acknowledgment by Representative (NJSA 52:7-10.12.b.) State of __________ This record was acknowledged before me on __________ (date) by __________ (name of individual(s)) as __________ (type of authority, such as officer or trustee) of __________ (name of party on behalf of whom record was executed). (Signature of notarial officer) (Stamp) |
Verification on Oath or Affirmation (NJSA 52:7-10.12.c.) State of __________ Signed and sworn to (or affirmed) before me on __________ (date) by __________ (name of individual(s) making statement). (Signature of notarial officer) (Stamp) |
Signature Witnessing or Attestation (NJSA 52:7-10.12.d.) State of __________ Signed (or attested) before me on __________ (date) by (Name(s) of individual(s)). (Signature of notarial officer) (Stamp) |
Copy Certification (NJSA 52:7-10.12.e.) State of __________ I certify that this is a true and correct copy of a record in the possession of __________. Dated __________ (Signature of notarial officer) (Stamp) |
Sufficiency of Certificate
Notarial Acts: “A certificate of a notarial act is sufficient if it meets the requirements of subsection a. of this section and:
“(1) is in a short form set forth in section 21 of P.L.2021, c.179 (C.52:7-10.12);
“(2) is in a form otherwise permitted by the law of this State;
“(3) is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or
“(4) sets forth the actions of the notarial officer which shall meet the requirements 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.) and any other applicable laws of this State” (NJSA 52:7-19.b).Remote Notarial Acts: “A short-form certificate provided in section 21 of P.L.2021, c.179 (C.52:7-10.12) for a notarial act subject to this section is sufficient if it:
“(1) complies with any rules or regulations adopted by the State Treasurer under paragraph (1) of subsection o. of this section or section 29 of P.L.2021, c.179 (C.52:7-10.20); or
“(2) is in the form provided by section 21 of P.L.2021, c.179 (C.52:7-10.12) and contains a statement substantially as follows: ‘This notarial act involved the use of communication technology’” (NJSA 52:7-10.10.k).
Certificate of Remote Notarial Act
“If a notarial act is performed under this section, the certificate of notarial act required by section 10 of P.L.1979, c.460 (C.52:7-19), the certificate required by section c. of R.S.46:14-2.1, or the short-form certificate provided in section 21 of P.L.2021, c.179 (C.52:7-10.12) must indicate that the notarial act was performed using communication technology” (NJSA 52:7-10.10.j).
Security of Certificate
Tangible Record: “If a notarial act is performed regarding a tangible record, a certificate shall be part of, or attached to, the record” (NJSA 52:7-19.e).
Electronic Record: “If a notarial act is performed regarding an electronic record, the certificate shall be affixed to, or logically associated with, the electronic record” (NJSA 52:7-19.f).
Standards: “If the State Treasurer has established standards pursuant to 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.) for attaching, affixing, or logically associating the certificate, the process shall conform to the standards” (NJSA 52:7-19.g).
Executing a Certificate
“By executing a certificate of a notarial act, a notarial officer certifies that the officer has made the determinations specified by 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 52:7-19.c).
Electronic Notarial Certificate
A Notary, after executing the notarial act involving an electronic record must “completes an electronic certificate with an electronic signature and stamp, including all elements required at N.J.A.C. 17:50-1.13, and attaches the certificate and stamp to, or logically associates the certificate and stamp with, the notarized record” (NJAC 17:50-1.16[a]2).
SEAL AND SIGNATURE
Definitions
“'Official stamp' means a physical image affixed to or embossed on a tangible record or an electronic image attached to, or logically associated with, an electronic record” (NJSA 52:7-10.1.i).
“'Stamping device' means:
“(1) A physical device capable of affixing to or embossing on a tangible record an official stamp; or
“(2) An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp” (NJSA 52:7-10.1.n).
Official Stamp Requirement
Notarial Acts
Notaries Public: Required.
“If a notarial act regarding a tangible record is performed by a notary public, an official stamp shall be affixed to or embossed on the certificate near the signature of the notary public so as to be clear and readable” (NJSA 52:7-10.5.b).Other Notarial Officers: Not required.
In-Person Electronic Notarial Acts
Notaries Public: Required.
“If a notarial act regarding an electronic record is performed by a notary public and the certificate contains the information specified in subsection a. of this section, an official stamp must be attached to or logically associated with the certificate” (NJSA 52:7-10.5.b).Other Notarial Officers: Not required.
Remote Notarial Acts
Notaries Public: Required (NJSA 52:7-10.5.b).
Other Notarial Officers: Not required.
Property Records: “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).
Oaths and Affidavits: “It shall not be necessary to the validity or sufficiency of any oath, affirmation or affidavit, made or taken before any of the persons named in section 41:2-1 of this title, that the same shall be certified under the official seal of the officer before whom made” (NJSA 41:1-7). Section 41:2-1 includes Notaries and commissioners of deeds.
Official Stamp Format
Notarial Acts: “The official stamp of a notary public shall:
“(1) include the name of the notary public, the title “Notary Public, State of New Jersey,” and the notary public’s commission expiration date; and
“(2) be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated” (NJSA 52:7-10.5.a).In-Person Electronic Notarial Acts: The format requirements of an official stamp cited above apply to an electronic official stamp used to perform notarial acts on electronic records.
The definition of “official stamp” cited above indicates an official stamp may be an “electronic image,” suggesting that that an official electronic stamp will look exactly the same as an official stamp on a tangible record.Remote Notarial Acts: The format requirements of an official stamp cited above apply to an electronic official stamp used to perform remote notarial acts on electronic records. If a remote notarial act on a tangible record is performed, the Notary would use the Notary’s official stamp used for notarial acts.
Examples
The below typical, actual-size examples of rubber stamp, embossing, and electronic Notary seals are allowed by New Jersey law. Other formats may also be permitted. The rectangular seal at top may also serve to affix the legally required imprint of the Notary’s name and commission expiration date.
Ownership of Stamping Device
“The stamping device is the property of the notary public and not of the notary public’s employer, even if the employer paid for the stamping device” (NJSA 52:7-10.6.b).
Security of Stamping Device
“A notary public is responsible for the security of the stamping device used by the notary public and may not allow another individual to use the device to perform a notarial act, except at the specific instruction of a notary public who cannot physically use the stamping device” (NJSA 52:7-10.6.a).
Lost or Stolen Stamping Device
“If the stamping device used by the notary public is lost or stolen, the notary public or the notary public’s personal representative shall notify the State Treasurer of the loss or theft within 10 days” (NJSA 52:7-10.6.c).
“If the stamping device used by the notary public is lost or stolen, the notary public or the notary public’s personal representative shall notify the State Treasurer at https://www.nj.gov/treasury/revenue/revgencode.shtml of the loss or theft within 10 calendar days” (NJAC 17:50-1.8[l]).
Notary’s Electronic Signature and Official Stamp
Reliability of Electronic Signature, Stamp: “To be considered reliable, an electronic signature and stamp must be:
“1. Unique to the notarial officer;
“2. Capable of independent verification;
“3. Retained under the notary public’s sole control; and
“4. Attached to, or logically associated with, the electronic document in a tamper-evident manner” (NJSA 17:50-1.16[c]).Protection of Access Information: “The notary public shall not disclose any access information used to affix the electronic notary’s signature and seal, except when requested by law enforcement, the courts, and with reasonable precautions, electronic document preparation, and transmission vendors” (NJSA 17:50-1.16[d]).
RECORDS OF NOTARIAL ACTS
Records Requirement
Journal
Notarial Acts: Required.
“A notary public shall maintain a journal of all notarial acts performed” (NJSA 52:7-10.18.a).In-Person Electronic Notarial Acts: Required (NJSA 52:7-10.18.a).
Remote Notarial Acts: Required (NJSA 52:7-10.18.a).
Exemptions: “In lieu of maintaining a journal, a notary public who is an attorney-at-law admitted to practice in this State, or who is employed by an attorney-at-law, or who is employed by or acting as an agent for a title insurance company licensed to do business in this State pursuant to P.L.2001, c.210 (C.17:22A-26 et seq.), may maintain a record of notarial acts in the form of files regularly maintained for the attorney’s law practice or the title insurance company’s business activities, as the case may be” (NJSA 52:7-10.18.g).
Recording of Remote Notarial Acts: Required.
“A notarial officer located in this State may perform a notarial act using communication technology for a remotely located individual if … the notarial officer, or a person acting on behalf of the notarial officer, creates an audio-visual recording of the performance of the notarial act” (NJSA 52:7-10.10.d[3]).
Journal Format
“The journal may be created and maintained on a tangible medium or in an electronic format” (NJSA 52:7-10.18.a[1]).
Tangible Journal: “If the journal is maintained on a tangible medium, it shall be a permanent, bound register with consecutively numbered lines and consecutively numbered pages” (NJSA 52:7-10.18.a[3]).
Electronic Journal: “If the journal is maintained in an electronic format, it shall be in a permanent, tamper-evident electronic format complying with any rules and regulations promulgated by the State Treasurer” (NJSA 52:7-10.18.a[4]).
Journal Entries
All Notarial Acts: “For each notarial act, the notary public shall record in the journal:
“(1) the date and time of the notarial act;
“(2) the type of notarial act, including but not limited to the taking of an acknowledgment, the taking of a proof of a deed, the administration of an oath, or the taking of an affidavit;
“(3) the name and address of each person for whom the notarial act is performed;
“(4) if the identity of the individual is based on personal knowledge, a statement to that effect;
“(5) if the identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including, if applicable, the type, date of issuance, and date of expiration of an identification document, or the name and signature of any identifying witness and, if applicable, the type, date of issuance, and date of expiration of a document identifying the witness; and
“(6) an itemized list of all fees charged for the notarial act” (NJSA 52:7-10.18.b).Record of Protest: “Every notary public, upon protesting any bill of exchange or promissory note, shall record in a book to be kept for that purpose the time when, place where and upon whom, demand of payment was made, with a copy of the notice or nonpayment, how and when served; or if sent, in what manner and the time when; and if sent by post, to whom the same was directed, at what place, and when the same was put into such post office, to which record he shall sign his name” (NJSA 7:5-3). Upon the Notary’s death or departure from the state, this record must be surrendered to the clerk of the county in which the Notary last resided (NJSA 7:5-5).
Lost or Stolen Journal
“If a notary public’s journal is lost or stolen, the notary public shall notify the State Treasurer within 10 days of the loss or theft” (NJSA 52:7-10.18.c).
If a notary public’s journal is lost or stolen, the notary public shall notify the State Treasurer within 10 days of the loss or theft at https://www.nj.gov/treasury/revenue/revgencode.shtml (select Notary application)” (NJAC 17:50-1.11[c]).
Retention of Records
Journal of Notarial Acts: “The notary public shall either:
“(1) retain the journal for 10 years after the performance of the last notarial act chronicled in the journal; or
“(2) transmit the journal to the Department of the Treasury, Division of Revenue and Enterprise Services, or a repository approved by the State Treasurer” (NJSA 52:7-10.18.d).
“The notary public shall:
“1. Retain the journal for 10 years after the performance of the last notarial act chronicled in the journal; or
“2. Write to the State Treasurer at https://www.nj.gov/treasury/revenue/revgencode.shtml for instructions on how to send or transmit the journal securely to the Division” (NJAC 17:50-1.11[d]).Audio-Visual Recordings of Remote Notarial Acts: “A notarial officer, a guardian, conservator, or agent of a notarial officer, or a personal representative of a deceased notarial officer, shall retain the audio-visual recording created under paragraph (3) of subsection d. of this section or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by any rule or regulation adopted by the State Treasurer under paragraph (4) of subsection o. of this section, the recording must be retained for a period of at least 10 years after the recording is made” (NJSA 52:7-10.10.l).
Disposition of Journal
Resignation, Suspension, Revocation: “On resignation from, or the revocation or suspension of, a notary public’s commission, the notary public shall either:
“(1) retain the journal in accordance with paragraph (1) of subsection d. of this section and inform the State Treasurer where the journal is located; or
“(2) transmit the journal to the Department of the Treasury, Division of Revenue and Enterprise Services, or a repository approved by the State Treasurer” (NJSA 52:7-10.18.e).
“On resignation from, or the revocation or suspension of, a notary public’s commission, the notary public shall either:
“1. Retain the journal for 10 years after the performance of the last notarial act chronicled in the journal; or
“2. Write to the State Treasurer at https://www.nj.gov/treasury/revenue/revgencode.shtml for instructions on how to send or transmit the journal securely to the Division” (NJAC 17:50-1.11[e]).Death or Adjudication of Incompetency: “On the death or adjudication of incompetency of a current or former notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the journal shall, within 45 days, transmit it to the Department of the Treasury, Division of Revenue and Enterprise Services, or a repository approved by the State Treasurer” (NJSA 52:7-10.18.f).
“On the death or adjudication of incompetency of a current or former notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the journal shall, within 45 days, write to the State Treasurer at https://www.nj.gov/treasury/revenue/revgencode.shtml for instructions on how to send or transmit the journal securely” (NJSA 17:50-1.11[f]).
FEES FOR NOTARIAL ACTS
Maximum Fees
Effective October 20, 2021, the fees for administering oaths, taking affidavits, taking proofs of a deed, and taking acknowledgements shall be fixed by the State Treasurer by regulation (NJSA 22A:4-14).
NJAC 17:50-1.18 authorizes notarial officers, including Notaries Public, to collect the following fees:
For administering oaths, taking affidavits, taking proofs of a deed, and taking acknowledgments, $2.50.
For administering oaths, taking affidavits, taking proofs of a deed, and taking acknowledgments of the grantors in the transfer of real estate, regardless of the number of such services performed in a single transaction to transfer real estate, $15.00.
For administering oaths, taking affidavits, and taking acknowledgments of the mortgagors in the financing of real estate, regardless of the number of such services performed in a single transaction to finance real estate, $25.00.
REAL ESTATE PRACTICES
Notary Signing Agents
Currently, there are no statutes, regulations or rules expressly governing, prohibiting or restricting the operation of Notary Signing Agents within the state of New Jersey. However, the statutory maximum fees for notarizations performed in real property transfers and mortgage finance transactions should be noted — see “Real Estate Transactions” under “Notary Fees,” below.
Recording Requirements
General Requirements: “a. A document satisfies the prerequisites for recording if it appears from the document or the image of it delivered to the recording office that:
“(1) the document is in English or accompanied by a translation into English;
“(2) the document bears a signature;
“(3) the document (including a corrected document submitted for re-recording) is acknowledged or proved as provided by Title 46 of the Revised Statutes;
“(4) the names are printed beneath all signatures that appear on the document;
“(5) if the document is a deed conveying title to real property, it
“(a) fulfills the requirements of section 2 of P.L.1968, c.49 (C.46:15-6),
“(b) includes a reference to the lot and block number of the real property conveyed as designated on the tax map of the municipality at the time of the conveyance or the account number of the real property,
“(c) includes the name of the person who prepared the deed, and
“(d) includes the mailing address of the grantee. If the real property has been subdivided, the reference shall be preceded by the words “part of.” If no lot and block or account number has been assigned to the real property, the deed shall state that fact, and
“(6) if the document is an assignment, release or satisfaction of a mortgage or an agreement respecting a mortgage, it states the book and page number or the document identifying number of the mortgage to which it relates if the mortgage has been given such a number.
“b. A document, whether made by an individual, corporation or other entity, is not required to be executed under seal, or to contain words referring to execution under seal” (NJSA 46:26A-3).Page Size: “To be accepted for recording, a document or its image shall be either:
“(1) legibly printed on paper no larger than 8½ inches by 14 inches; or
“(2) in compliance with regulations on the form of documents promulgated by the Division of Archives and Records Management in the Department of State” (NJSA 46:26A-5).
RECOGNITION OF NOTARIAL ACTS
Notarial Acts in New Jersey
Notarial Acts: “A notarial officer may perform a notarial act authorized by 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.), and any other applicable law” (NJSA 52:7-10.7.a).
“A notarial act may be performed in this State by an individual authorized by the applicable law to perform the notarial act” (NJSA 52:7-10.13.b).Acknowledgments and Proofs: The following officers may take acknowledgments and proofs in New Jersey that affect real proprety for recordation in New Jersey (NJSA 46:14-6.1.a):
An attorney at law;
A Notary Public
A clerk or deputy clerk of any county;
A surrogate or deputy surrogate of any county;
A register or deputy register of deeds and mortgages of any county.
Oaths and Affirmations: Besides Notaries, the following officers may administer oaths and affirmations (NJSA 41:2-1):
The Chief Justice of the Supreme Court or any of the justices or judges of courts of record of the state;
Masters of the Superior Court;
Municipal judges;
Mayors or aldermen of cities, towns or boroughs or commissioners of commission governed municipalities;
Surrogates, registers of deeds and mortgages, county clerks and their deputies;
Municipal clerks and clerks of boards of chosen freeholders;
Sheriffs of any county;
Members of boards of chosen freeholders;
Clerks of all courts;
Commissioners of deeds;
Members of the State Legislature;
Attorneys-at-law and counsellors-at-law of this State;
Certified court reporters.
Prima Facie Evidence: “The signature and title of an individual performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title” (NJSA 52:7-10.13.a).
Conclusive Authority: “The signature and title of a notarial officer authorized by the applicable law to perform the notarial act conclusively establishes the authority of the officer to perform the notarial act” (NJSA 52:7-10.13.c).
Notarial Acts in U.S. State or Jurisdiction
New Jersey Notarial Officers: The following New Jersey notarial officers may take acknowledgments and proofs in other U.S. states and jurisdictions that affect real property for recordation in New Jersey:
An attorney-at-law;
A Notary Public;
A county clerk or deputy county clerk;
A register of deeds and mortgages or a deputy register;
A surrogate or deputy surrogate (NJSA 46:14-6.1.a).
New Jersey Foreign Commissioners of Deeds: The Secretary of State may appoint “Foreign Commissioners of Deeds” for three-year terms to notarize documents in the U.S. state, territory, or district where they reside (NJSA 52:6-12 and 52:6-13). Such commissioners must attest their official acts with an official seal and file a seal impression with the Secretary of State (NJSA 52:6-18). A resident of New Jersey may be appointed a Foreign Commissioner of Deeds with authority to act in a state adjoining New Jersey (NJSA 52:6-15).
Notarial Officers of Other States: “(1) A notarial act performed in another state has the same effect under the law of this State as if performed by a notarial officer of this State, if the act performed in that state is performed by:
“(a) a notary public of that state;
“(b) a judge, clerk, or deputy clerk of a court of that state; or
“(c) any other individual authorized by the law of that state to perform the notarial act.
“(2) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(3) The signature and title of a notarial officer described in subparagraph (a) or (b) of paragraph (1) of this subsection conclusively establish the authority of the officer to perform the notarial act” (NJSA 52:7-10.14.a).Acknowledgments and Proofs Affecting Real Property: “The officers authorized to take acknowledgments or proofs, in addition to those listed in [NJSA 4614-6.1] subsection a., are:
“(1) any officer … of a state, territory or district of the United States … authorized at the time and place of the acknowledgment or proof by the laws of that jurisdiction to take acknowledgments or proofs. If the certificate of acknowledgment or proof does not designate the officer as a justice, judge or notary, the certificate of acknowledgment or proof, or an affidavit appended to it, shall contain a statement of the officer’s authority to take acknowledgments or proofs …” (NJSA 46:14-6.1.b[1]).
Notarial Acts Under Authority of Federally Recognized Indian Tribes
New Jersey Notarial Officers: The following New Jersey notarial officers may take acknowledgments and proofs in other U.S. states and foreign jurisdictions that affect real property for recordation in New Jersey:
An attorney-at-law;
A Notary Public;
A county clerk or deputy county clerk;
A register of deeds and mortgages or a deputy register;
A surrogate or deputy surrogate (NJSA 46:14-6.1.a).
Tribal Notarial Officers: “(1) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this State, if the act performed in the jurisdiction of the tribe is performed by:
“(a) a notary public of the tribe;
“(b) a judge, clerk, or deputy clerk of a court of the tribe; or
“(c) any other individual authorized by the law of the tribe to perform the notarial act.
“(2) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(3) The signature and title of a notarial officer described in subparagraph (a) or (b) of paragraph (1) of this subsection conclusively establish the authority of the officer to perform the notarial act” (NJSA 52:7-10.14.b).Acknowledgments and Proofs Affecting Real Property: “The officers authorized to take acknowledgments or proofs, in addition to those listed in [NJSA 4614-6.1] subsection a., are:
“(1) any officer … of a state, territory or district of the United States, or of a foreign nation authorized at the time and place of the acknowledgment or proof by the laws of that jurisdiction to take acknowledgments or proofs. If the certificate of acknowledgment or proof does not designate the officer as a justice, judge or notary, the certificate of acknowledgment or proof, or an affidavit appended to it, shall contain a statement of the officer’s authority to take acknowledgments or proofs …” (NJSA 46:14-6.1.b[1]).
Notarial Acts Under Federal Law
Federal Notarial Officers: “(1) A notarial act performed under federal law has the same effect under the law of this State as if performed by a notarial officer of this State, if the act performed under federal law is performed by:
“(a) a judge, clerk, or deputy clerk of a court;
“(b) an individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law;
“(c) an individual designated a notarizing officer by the United States Department of State for performing notarial acts overseas; or
“(d) any other individual authorized by federal law to perform the notarial act.
“(2) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(3) The signature and title of an officer described in subparagraph (a), (b), or (c) of paragraph (1) of this subsection conclusively establish the authority of the officer to perform the notarial act” (NJSA 52:7-10.14.c).Acknowledgments and Proofs Affecting Real Property: “The officers authorized to take acknowledgments or proofs, in addition to those listed in [NJSA 4614-6.1] subsection a., are:
“(1) any officer of the United States … authorized at the time and place of the acknowledgment or proof by the laws of that jurisdiction to take acknowledgments or proofs. If the certificate of acknowledgment or proof does not designate the officer as a justice, judge or notary, the certificate of acknowledgment or proof, or an affidavit appended to it, shall contain a statement of the officer’s authority to take acknowledgments or proofs;
“(2) a foreign service or consular officer or other representative of the United States to any foreign nation, within the territory of that nation” (NJSA 46:14-6.1.b).
Notarial Acts in Foreign State
New Jersey Notarial Officers: The following New Jersey notarial officers may take acknowledgments and proofs in foreign jurisdictions that affect real property for recordation in New Jersey:
An attorney-at-law;
A Notary Public;
A county clerk or deputy county clerk;
A register of deeds and mortgages or a deputy register;
A surrogate or deputy surrogate (NJSA 46:14-6.1.a).
Foreign Notarial Officers: “(1) As used in this subsection, “foreign state” means a jurisdiction other than the United States, a state, or a federally recognized Indian tribe.
“(2) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this State as if performed by a notarial officer of this State.
“(3) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
“(4) The signature and official stamp of an individual holding an office described in paragraph (3) of this subsection are prima facie evidence that the signature is genuine and the individual holds the designated title.
“(5) An apostille in the form prescribed by the Hague Convention of October 5, 1961 and issued by a foreign state party to the Hague Convention conclusively establishes that the signature of the notarial officer is genuine and that the notarial officer holds the indicated office.
“(6) A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the notarial officer holds the indicated office” (NJSA 52:7-10.14.d).Acknowledgments and Proofs Affecting Real Property: “The officers authorized to take acknowledgments or proofs, in addition to those listed in [NJSA 4614-6.1] subsection a., are:
“(1) any officer … of a foreign nation authorized at the time and place of the acknowledgment or proof by the laws of that jurisdiction to take acknowledgments or proofs. If the certificate of acknowledgment or proof does not designate the officer as a justice, judge or notary, the certificate of acknowledgment or proof, or an affidavit appended to it, shall contain a statement of the officer’s authority to take acknowledgments or proofs …” (NJSA 46:14-6.1.b[1]).
AUTHENTICATION OF NOTARIAL ACTS
Department of Treasury
Authenticating certificates for notarial acts, including apostilles, as well as certificates authenticating the acts of county clerks, may be obtained from the New Jersey Department of the Treasury’s Notary Public Unit (website, “Apostilles and Notary Certifications”).
Fee: For standard service (15 business days from the date receipt of the order), $25 per notarized document, including for an apostille; if the document relates to adoption of a child, $5 per notarized document. For expedited service (within 8½ business hours from receipt of the order), $40 per document; if the document relates to adoption of a child, $20 per document. Payable by e-check (debit) or credit card. One and two hour accelerated service is available for an additional fee. Customers must go in person to the Customer Service Center to obtain accelerated services.
Address:
New Jersey Division of Revenue & Enterprise Services
Notary Public Unit
P.O. Box 452
Trenton, NJ 08646-0452Courier Delivery:
New Jersey Division of Revenue & Enterprise Services
Customer Service Center
33 West State St.
Trenton, NJ 08608-1214Phone: 609-633-8257
Procedure: Complete the online order form for the Apostille or certification (website, “Apostille Request Form.” Information that must be provided includes a contact number, the number of documents to be submitted for the Apostille/certification, description of the documents, the processing time selected, how to receive back the original document(s) with the Apostille(s)/certification(s), and payment information. Prepay for the Apostille/certification using the online order form. A confirmation page listing an order number will be provided. Mail the original notarized document — or a certified copy of the document — or drop them off at the Department of Revenue’s Customer Service Center. Priority Express Mail or certified mail from the U.S. Postal Service does not deliver or pick up directly from the Department of Revenue’s office. Mail from the U.S. Postal Service is treated as regular mail and the processing time applies to these requests.
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