NEW JERSEY PUBLIC NOTARY

New Jersey Notary Public Manual 

New Jersey Department of the Treasury 

Division of Revenue and Enterprise Services 

October 22, 2021

FORWARD 

The office of the notary public is a vital public function. Notaries public are called upon to  perform many valuable services for New Jersey's business, legal and financial communities.  Effective notary services help to ensure that documents are properly executed, that facts are  duly certified, and above all, that the public is protected from fraud. Notarization is essential for  many official documents including mortgages, deeds, contracts, and various corporate  transactions. This manual is designed to provide notaries public with practical guidance on how  to perform notary services. 

By following the manual's guidelines, notaries public will operate on a structured procedural  foundation and thereby help foster the levels of diligence and accuracy required for the on going success of the office. The Division of Revenue and Enterprise Service’s Business Services  Bureau serves as the administrative unit for the Notary Public program in New Jersey. 

Write to the Bureau via e-mail at https://www.nj.gov/treasury/revenue/revgencode.shtml or by mail at: 

NJ Division of Revenue of Revenue and Enterprise Services 

Business Services Bureau/Notary Unit 

PO Box 452 

Trenton, NJ 08646 

Contents 

CHAPTER 1. PURPOSE ...................................................................................................................................5 CHAPTER 2. DEFINITIONS..............................................................................................................................5 CHAPTER 3. QUALIFICATIONS FOR OFFICE, SCOPE OF AUTHORITY AND PROHIBITED ACTS .......................7 

Eligibility Criteria .......................................................................................................................................7 Scope of Authority ....................................................................................................................................7 Prohibitions...............................................................................................................................................7 

CHAPTER 4. NOTARY COMMISSIONING PROCESS ........................................................................................7 Application Procedures.............................................................................................................................7 Commissioning of Nonresidents, Additional Requirements.....................................................................9 Name Change, Filing Evidence of Continuance of Powers and Privileges................................................9 

CHAPTER 5. DENIAL, REVOCATION, SUSPENSION OR LIMITATION OF A COMMISSION ............................10 Reasons for Denial, Revocation, Suspension or Limitation ....................................................................10 CHAPTER 6. GENERAL REQUIREMENTS FOR NOTARIAL ACTS ....................................................................11 Certificates and Stamps..........................................................................................................................11 Requirement for Individuals Unable to Sign...........................................................................................13 Certificate Forms.....................................................................................................................................13 Journal Requirement...............................................................................................................................16 CHAPTER 7. FORMS OF IDENTIFICATION AND COPY CERTIFICATION REQUIREMENTS..............................17 Copy Certification Requirements............................................................................................................17 Forms of Identification............................................................................................................................17 CHAPTER 8. USE OF COMMUNICATION TECHNOLOGY ..............................................................................18 General Provisions and Definitions.........................................................................................................18 Requirements for Notarial Acts Using Communication Technology ......................................................19 Taking an Acknowledgement When a Record is in the Possession of the Notary Public.......................21 Performing a Notarial Act When a Record is Not Physically Present Before the Notary Public.............21 Date of Effectiveness ..............................................................................................................................22 Administering Oaths to Remotely Located Individuals...........................................................................22 Additional Certificate Wording ...............................................................................................................22 Retention of Audio-Visual Recordings....................................................................................................22 CHAPTER 9. ELECTRONIC NOTARIZATION...................................................................................................22 General Provisions and Definitions.........................................................................................................22 Restriction Regarding Wills, Codicils and Testamentary Trusts..............................................................22

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Requirements for Electronic Notarization..............................................................................................22 CHAPTER 10. RIGHT TO REFUSE TO PERFORM A NOTARIAL ACT ...............................................................23 Criteria for Refusal ..................................................................................................................................23 CHAPTER 11. FEES FOR NOTARIAL SERVICES..............................................................................................23 Fees for Services .....................................................................................................................................23 RESOURCES .................................................................................................................................................25 REFERENCES................................................................................................................................................26

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CHAPTER 1. PURPOSE 

This manual is designed to implement the provisions of P.L. 2021, c.179 and N.J.A.C. 17:50. The rules streamline the commissioning process, clarify, and expand upon the requirements for notarial acts, provide for the use of new technologies for notarization and enhance the transparency and accountability of the office. In implementing these improvements, the Department of the Treasury intends to: foster improved notarial service levels State-wide; place New Jersey on a strong footing in the notarial practice space nationally; and bolster the reliability and integrity of New Jersey notarial practices in general. The ultimate beneficiaries of these advancements will be New Jersey citizens and the State’s business and legal communities that rely on notarial services. 

Note: As outlined above, the focus of this document is on the commissioning process and notarial practices. For more information on commercial and legal uses/acceptance of records notarized by New Jersey notaries public, please consult the governing statute found here: https://www.njleg.state.nj.us/2020/Bills/PL21/179_.PDF. Finally, note that the content of  this manual does not constitute legal advice relative to the application of the law to specific  legal transactions. 

CHAPTER 2. DEFINITIONS 

The following words and terms, when used in this Chapter, shall have the following meanings,  unless the context clearly indicates otherwise. 

“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. 

“Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. 

“Electronic signature” means an electronic symbol, sound, or process attached to, or logically  associated with, a record and executed or adopted by an individual with the intent to sign the  record. 

“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.

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“Non-attorney applicant” means an applicant for an initial or renewal commission as a notary  public who is not also a licensed attorney-at-law in this State. 

“Notarial act” means an act, whether performed with respect to a tangible or electronic record,  that a notarial officer may perform under the laws of New Jersey. The term includes: 

1. Taking an acknowledgment, 

2. Administering an oath or affirmation, 

3. Taking a verification on oath or affirmation, 

4. Witnessing or attesting a signature, 

5. Certifying or attesting a copy or deposition, and 

6. Noting a protest of a negotiable instrument. 

“Notarial officer” means a notary public or other individual authorized by law to perform a  notarial act. 

“Notary public” means an individual commissioned by the State Treasurer to perform a notarial  act. 

“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. 

“Person” has the meaning ascribed to it in N.J.S.A. 1:1-2: 

“Record” means information that is inscribed on a tangible medium or that is stored in an  electronic or other medium and is retrievable in perceivable form. 

“Sign” means, with present intent to authenticate or adopt a record: 

1. To execute or adopt a tangible symbol; or 

2. To attach to or logically associate with the record an electronic symbol, sound, or  process. 

“Signature” means a tangible symbol or an electronic signature that evidences the signing of a  record. 

“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.

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“State” means the State of New Jersey; “other state” or “another state” means any state, the  District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, and  any other insular possession or territory of the United States other than the State of New  Jersey. 

“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. 

CHAPTER 3. QUALIFICATIONS FOR OFFICE, SCOPE OF AUTHORITY AND PROHIBITED ACTS Eligibility Criteria 

A person commissioned as a notary public in this State shall be at the time of appointment: 1. Be at least 18 years of age;  

2. Be a legal resident of this State or have a place of employment or practice in this State;  and 

3. Not be disqualified to receive a commission under Chapter 5 (CHAPTER 5. Denial,  Revocation, Suspension or Limitation of a Commission).  

Scope of Authority 

A notary public who has been duly commissioned and qualified is authorized to perform the  duties of a notary public throughout the State. 

Prohibitions 

A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer’s spouse or civil union partner is a party, or in which either of them has a direct  beneficial interest. An act that violates this provision is voidable. 

A notary public who is not licensed as an attorney-at-law shall not use or advertise the title of  lawyer or attorney-at-law, or equivalent terms, in 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.  

A notary public who advertises their services in any language is required to provide with such  advertisement a notice 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."  

CHAPTER 4. NOTARY COMMISSIONING PROCESS 

Application Procedures 

An applicant for commission as a notary public shall make application to the State Treasurer on  a form prescribed by the State Treasurer and endorsed by a member of the Legislature. 

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Renewals shall be made in the same manner as the original application. All applications shall be  submitted electronically through a means provided by the State Treasurer at www.nj.gov/njbgs.  

The fee for each application for a commission is $25.00 and is non-refundable. 

Initial Commission. (NOTE: The educational and testing requirements for initial commissions  become effective in July 2022) A non-attorney applicant for an initial commission as a notary  public shall provide satisfactory proof that the applicant has:  

1. Completed a six-hour course of study approved by the State Treasurer; and 2. Passed an examination prescribed by the State Treasurer.  

The State Treasurer may charge up to a $15.00 fee for each test administered online. 

The Treasurer shall set forth the procedures for compliance with the above provisions and  provide certificates of approval evidencing completion of the required education and testing  online at www.nj.gov/njbgs.  

Renewed Commission. (NOTE: The educational requirement for renewed commissions  becomes effective in July 2022) A commissioned notary public applying to renew a commission  who has satisfactorily completed the six-hour course of study and passed an examination  prescribed by the State Treasurer at least one time, or who was commissioned for the first time  before the effective date of P.L. 2021, c.179, shall complete a three-hour continuing education  course. The Treasurer shall set forth the procedures for compliance with this provision and  provide certificates of approval evidencing completion of the required education and testing  online at www.nj.gov/njbgs.  

Swearing in. Within three months of the receipt of an initial or renewed 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. The oath shall be filed with said  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. 

Upon the administration of the oath, the clerk shall cause the notary public to endorse the  certificate of commission and qualification and shall transmit the certificate to the State  Treasurer within 10 days of the administration of the oath, via an electronic method provided  by the Treasurer. 

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After the administration of the oath, the clerk shall provide a notice to the person that a notary  public who is not licensed as an attorney-at-law shall not use or advertise the title of lawyer or  attorney-at-law, or equivalent terms, in any 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. The notice shall also state that 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."  

The State Treasurer shall cancel and revoke the appointment of any notary public who fails to  take and subscribe the oath within three months of the receipt of the commission and any  appointment so canceled and revoked shall be null, void and of no effect.  

Commissioning of Nonresidents, Additional Requirements 

A person who is not a legal resident of the State of New Jersey, but 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 may apply for a commission by complying with the Application  Procedures of this Chapter and certifying the following additional information via the online  commissioning site at www.nj.gov/njbgs:  

1. The residence and the address of the applicant, and the office or place of employment  of the applicant in this State; and  

2. Once commissioned, any such nonresident notary public shall file online with the State  Treasurer at www.nj.gov/njbgs a certificate showing any change of residence or change  of the office or place of employment of the notary public in this State.  

Name Change, Filing Evidence of Continuance of Powers and Privileges 

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, sign and file a statement in writing and under oath, on a form prescribed and  furnished online at www.nj.gov/njbgs by the State Treasurer, setting out the circumstances  under which the notary public has adopted the new name.  

The statement shall indicate 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. Such statement 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.

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CHAPTER 5. DENIAL, REVOCATION, SUSPENSION OR LIMITATION OF A COMMISSION Reasons for Denial, Revocation, Suspension or Limitation 

(a) The State Treasurer may deny an application for a new or renewed notary public  commission, 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. These acts and omission  include: 

1. Failure to comply with P.L. 2021, c. 179 (N.J.S.A. 52:7-10 et seq.); 

2. A fraudulent, dishonest, or deceitful misstatement or omission in the application for  commission as a notary public submitted to the State Treasurer; 

3. A finding against, or admission of liability by, the applicant or notary public in any legal  proceeding or disciplinary action based on fraud, dishonesty, or deceit, including but not  limited to a violation of section 1 of P.L.1997, c.1 (N.J.S.A. 2C:21-31) or section 1 of  P.L.1994, c.47 (N.J.S.A. 2C:21-22), but nothing in this paragraph shall be deemed to  supersede P.L.1968, c.282 (N.J.S.A. 2A:168A-1 et seq.); 

4. A conviction of a crime of the second degree or above, but nothing in this paragraph  shall be deemed to supersede P.L.1968, 21 c.282 (N.J.S.A.2A:168A-1 et seq.); 5. Failure by the notary public to discharge any duty required by any law, including P.L.  2021, c.179 (N.J.S.A. 52:7-10 et seq.), any rules or regulations promulgated thereunder  by the State Treasurer, and any other State or federal law; 

6. 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; 

7. In the case of a notary public who is not an attorney licensed to practice law, any of the  following: 

i. Giving legal advice; 

ii. Acting as an immigration consultant or an expert on immigration matters; iii. Otherwise performing the duties of an attorney licensed to practice law in New  Jersey; 

iv. A disciplinary or other administrative action resulting in a finding of culpability if  the applicant holds any professional license regulated by the State; or 

v. 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 (N.J.S.A.  2C:21-22) or P.L.1997, 44 c.1 (N.J.S.A. 2C:21-31);  

8. Failure to take and subscribe to the oath pursuant to P.L. 2021, c.179 (N.J.S.A. 52:7 et.  seq.) within three months of the receipt of a notary public commission; 

9. 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 if allowed 

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by law; or 

10. The denial of an application for notary public in another state; the refusal to renew in  another state; or the suspension, revocation, or other limitation of the commission of  the notary public in another state. 

(b) When the State Treasurer determines to deny an application for notary public; refuses to  renew a commission of a notary public; or suspends, revokes, or otherwise limits the  commission of a notary public, the Treasurer shall provide written notice to the applicant or  commissioner holder. 

(c) The written notice shall include: 

1. The name, email address, and telephone number of a contact person at the  Division of Revenue and Enterprise Services and a description of the proposed  action. 

2. The specific details concerning the violations that are the basis for the  determination.  

3. Notification that the person can request a hearing by submitting the request in  writing to the name and address provided on the notice. The request for a  hearing must be received within 20 calendar days from the date the person  received the notice of the proposed action.  

4. The request for a fair hearing must include a detailed statement of the reasons  that the person believes the Treasurer’s determination is improper together with  supporting documentation, if any. It should also include a statement as to  whether the person is represented by legal counsel, and if so, the name, address  and telephone number of counsel. 

(d) Upon the Division’s timely receipt of the items set forth in (c) above, it shall determine whether a contested case exists, and if it does, the Division shall transmit the matter to the Office of Administrative Law for hearing as a contested case. 

(e) If the person has either failed to file a timely appeal or has expressly waived its right to  appeal, the decision shall become a final decision. 

(f) All hearings pursuant to this section shall be conducted in accordance with the  Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative  Procedure Rules, N.J.A.C. 1:1. 

(g) Any appeal of the final agency decision shall be solely to the Appellate Division of the  Superior Court within time limits allowed by New Jersey Court Rule 2:2-3. The final agency  decision shall include notice to the appellant of the right to file an appeal to the Appellate  Division, the time frames and related procedures. 

CHAPTER 6. GENERAL REQUIREMENTS FOR NOTARIAL ACTS 

Certificates and Stamps 

All notarial acts shall be evidenced by a certificate and be stamped by the notary public. 

 Certificates shall: 

1. Be executed contemporaneously with the performance of the notarial act; 2. Be signed and dated by the notarial officer;

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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. 

A certificate of a notarial act is sufficient if it meets the requirements outlined in the preceding  section and: 

1. Is in a short form set forth in this Chapter; 

2. Is in a form otherwise permitted by the law of this State; and 

3. Is in a form permitted by the law applicable in the jurisdiction in which the notarial act  was performed. 

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.  

If a notarial act regarding a tangible record is performed, a certificate shall be part of, or  attached to, the record.  

If a notarial act regarding an electronic record is performed, the certificate shall be affixed to, or  logically associated with, the electronic record. 

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. 

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 to be  clear and readable.  

If a notarial act regarding an electronic record is performed by a notary public, an official stamp  must be attached to or logically associated with the certificate. 

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. 

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.

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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. 

Requirement for Individuals Unable to Sign 

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. 

Certificate Forms 

The following short form certificates of notarial acts are sufficient for the purposes indicated if  the requirements of this Chapter are satisfied. 

1. For an acknowledgment in an individual capacity: 

State of ________________________________________ 

County of ______________________________________ 

This record was acknowledged before me on __________ (date) by 

__________________________________ 

(Name(s) of individual(s)) 

__________________________________ 

Signature of notarial officer

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Stamp 

_________________________________ 

Name of Notary Public  

Notary Public, State of New Jersey Title of office 

My commission expires (date) 

2. For an acknowledgment in a representative capacity: 

State of _________________________________________ 

County of _______________________________________ 

This record was acknowledged before me on __________ (date) by  

__________________________________ 

(Name(s) of individual(s)) 

On _______ (date)  

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 

_________________________________ 

Name of Notary Public  

Notary Public, State of New Jersey Title of office  

My commission expires (date) 

3. For a verification on oath or affirmation: 

State of _________________________________________ 

County of _______________________________________ 

Signed and sworn to (or affirmed) before me on _______ (date) by 

___________________________________ 

(Name(s) of individual(s) making statement)

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_________________________________ 

Signature of notarial officer 

Stamp  

__________________________________ 

Name of Notary Public  

Notary Public, State of New Jersey Title of office  

My commission expires (date) 

4. For witnessing or attesting a signature: 

State of _________________________________________ 

County of _______________________________________ 

Signed (or attested) before me on (date) _____________ 

_______________________________________________ 

(Name(s) of individual(s)) 

__________________________________ 

Signature of notarial officer 

Stamp 

__________________________________ 

Name of Notary Public  

Notary Public, State of New Jersey Title of office 

My commission expires (date) 

5. For certifying a copy of a record: 

State of _________________________________________ 

County of _______________________________________ 

I certify that this is a true and correct copy of a record in the possession of  ______________ (name). 

Dated _____________________ (date)

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__________________________ 

Signature of notarial officer 

Stamp 

__________________________________  

Name of Notary Public  

Notary Public, State of New Jersey Title of office  

My commission expires (date) 

Journal Requirement 

A notary public shall maintain a journal of all notarial acts performed. 

1. The journal may be created and maintained on a tangible medium or in an electronic  format. 

2. A notary public shall maintain only one journal at a time to chronicle all notarial acts,  whether those notarial acts are performed regarding tangible or electronic records. 

3. If the journal is maintained on a tangible medium, it shall be a permanent, bound  register with consecutively numbered lines and consecutively numbered pages. 

4. If the journal is maintained in an electronic format, it shall be in a permanent, tamper evident electronic format. 

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. 

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).

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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 https://www.nj.gov/treasury/revenue/revgencode.shtml for instructions on how to send or transmit the manual securely to the Division. 

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 https://www.nj.gov/treasury/revenue/revgencode.shtml for instructions on how to send or transmit the manual securely to the Division. 

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 manual securely 

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 (N.J.S.A. 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. 

CHAPTER 7. FORMS OF IDENTIFICATION AND COPY CERTIFICATION REQUIREMENTS Copy Certification Requirements 

A notarial officer who certifies or attests to 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. 

Forms of Identification  

A notarial officer who takes an acknowledgment or verification of a record or 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 making the acknowledgment has the identity claimed and that the signature on the record is the signature  of the individual.

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Satisfactory forms of identification are as follows: 

1. 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. 

2. Documentation - 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: 

i. 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  

ii. 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: 

1.) Contains the individual’s signature or a photograph of the individual’s  face; and 

2.) Is satisfactory to the notarial officer; or 

iii. 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 and personally known to the notarial officer or whom the  notarial officer can identify based on 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. 

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. 

CHAPTER 8. USE OF COMMUNICATION TECHNOLOGY 

General Provisions and Definitions 

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. 

This Chapter 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 as to tangible records that are governed by a  law governing the creation or execution of wills and codicils, in which this chapter shall apply.  

1. As used in this Chapter:  

2. “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.  

3. “Communication technology” means an electronic device or process that:

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i. allows a notarial officer and a remotely located individual to communicate with  each other simultaneously by sight and sound; and 

ii. when necessary and consistent with other applicable law, facilitates  

communication with a remotely located individual who has a vision, hearing, or  speech impairment. 

4. “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. 

5. “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. 

6. “Foreign state” means a jurisdiction other than the United States, a state, or a federally  recognized Indian tribe. 

7. “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. 

8. “Outside the United States” means a location outside the geographic boundaries of the  United States, Puerto Rico, the United States Virgin Islands, and any territory, insular  possession, or other location subject to the jurisdiction of the United States. 

9. “Remotely located individual” means an individual who is not in the physical presence of  a notarial officer performing a notarial act. 

Before a notary public performs the notary public’s initial notarial act under this section, the  notary public must notify the State Treasurer electronically at www.nj.gov/njbgs that the notary  public will be performing such notarial acts and identify the technologies the notary public  intends to use. 

A remotely located individual may comply with this Chapter and subsections a. and b. of  N.J.S.A. 46:14 -2.1 (officers authorized to take acknowledgements and proofs) by using  communication technology to appear before a notarial officer. 

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. 

Requirements for Notarial Acts Using 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: 

1. Ensures 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 not be viewed  and/or recorded by an unauthorized party. The notarial officer must follow the security  procedures of the National Notary Association as supplemented and amended (https://www.nass.org/sites/default/files/resolutions/2018-02/nass-support-revised enotarization-standards-winter18_0.pdf).

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2. 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;  

3. Obtains satisfactory identification for the remotely located individual, which means the  notary public:  

i. Visually verifies a proof of identity document set forth in Chapter 7 (Forms of  Identification); and 

ii. Uses one of the following methods of identity proofing to authenticate the  individual’s identity: 

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, and supplemented and amended, by  any of the three following authorities:  

• National Notary Association  

(https://www.nationalnotary.org/file%20library/nna/reference 

library/model-enotarization-act.pdf); 

• National Association of Secretaries of State  

(https://www.nass.org/sites/default/files/resolutions/2018- 

02/nass-support-revised-enotarization-standards 

winter18_0.pdf); or 

• 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.) 

2.) Biometric Identity Verification that is in substantial compliance with  National Institute of Standards and Technology requirements as set forth,  and supplemented and amended, in Special Publication 800-76-2  

(https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-76- 2.pdf).  

3.) Digital Public Key Certificate issued by a trusted third party in substantial  compliance with the National Notary Association’s recommended  

practice as set forth, and as supplemented and amended  

(https://www.nationalnotary.org/file%20library/nna/reference 

library/model-enotarization-act.pdf), Appendix II/Rule2, Public Key  

Certificate. 

iii. For a remotely located individual who is located outside the United States,  ensures the record: 

1.) 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 

2.) Involves property located in the territorial jurisdiction of the United  States or involves a transaction substantially connected with the United  States; and

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3.) 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. 

iv. Completes a certificate and stamps the certificate in accordance with the  requirements set forth in Chapter 6; and  

v. Creates an audio-visual recording of the performance of the notarial act.  

Before a notary public performs an initial notarial act using communications technology, the  notary public must notify the State Treasurer electronically in accordance with instructions  published at www.nj.gov/njbgs that the notary public will be performing such notarial acts and  identify the technologies the notary public intends to use. 

Taking an Acknowledgement When a Record is in the Possession of the Notary Public A notarial officer in this State may use communication technology 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. 

Performing a Notarial Act When a Record is Not Physically Present Before the Notary Public A notarial officer may perform a notarial act with respect to a tangible record not physically  present before the notarial officer if: 

1. During the audio-visual session, the remotely located individual:  

i. Signs the record; and 

ii. Makes 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 [name of notarial officer] 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 

iii. Sends the record and declaration to the notarial officer not later than three days  after the notarial act was performed; and 

2. The notarial officer: 

i. In the required audio-visual recording records the individual signing the record and declaration; and 

ii. After receipt of the record and declaration from the individual, executes the  notarial certificate and provides the stamp specified in Chapter 6; and 

iii. Includes the following statement or words of similar import: 

“I [name of the notarial officer] witnessed, by means of communication  

technology, [name of remotely located individual] sign the attached record and  declaration on [date]”.

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Date of Effectiveness 

A notarial act performed in compliance with this Chapter is effective as of the date on which  the declaration was signed by the remotely located individual. 

Administering Oaths to Remotely Located Individuals 

A notarial officer in this State may administer an oath to a remotely located individual using communication technology. The notarial officer shall identify the remotely located individual by  obtaining satisfactory forms of identification pursuant to this Chapter, creating an audio-visual  recording of the individual taking the oath and preserving a copy of the audio-visual recording  for 10 years. 

Additional Certificate Wording 

If a notarial act is performed under this Chapter, the certificate of notarial act as required by  this Chapter or the certificate required by section c. of N.J.S.A. 46:14-2.1 must indicate that the  notarial act was performed using communication technology. 

Retention of Audio-Visual Recordings 

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 this Chapter or cause the recording to be retained by a repository designated by or on  behalf of the person required to retain the recording, for a period of 10 years.  

CHAPTER 9. ELECTRONIC NOTARIZATION 

General Provisions and Definitions 

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. 

As used in this Chapter:  

1. “Tamper-evident” means that any change to a record shall provide evidence of the  change. 

2. “Logically associated with” means connecting, cross-referencing, or otherwise linking a  certificate with a notarized record accurately and reliably, in a tamper-evident manner. 

Requirements for Electronic Notarization 

Before a notary public performs an initial electronic notarization, the notary public shall notify  the State Treasurer electronically in accordance with instructions published at  www.nj.gov.njbgs 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.

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A notarial officer performing an electronic notarization for an individual shall: 

1. Obtain satisfactory identification for the individual pursuant to chapter 7 (Forms of  Identification); and  

2. After executing the notarial act, complete an electronic certificate with an electronic  signature and stamp including all elements required by Chapter 6, and attaches the  certificate, signature and stamp to, or logically associates the certificate and stamp with,  the notarized record. 

The notarial officer shall ensure that the officer’s electronic signature and stamp are reliable. 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. 

The notary public shall not disclose any access information used to affix the electronic notary’s  signature and stamp except when requested by law enforcement, the courts, and with  reasonable precautions, electronic document preparation and transmission vendors. 

CHAPTER 10. RIGHT TO REFUSE TO PERFORM A NOTARIAL ACT 

Criteria for Refusal 

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. 

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 P.L.2021(N.J.S.A. 52:7-10 et seq.). 

CHAPTER 11. FEES FOR NOTARIAL SERVICES 

Fees for Services 

Notarial officers may collect the following fees for services rendered:

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1. For administering oaths, taking affidavits, taking proofs of a deed, and taking  acknowledgements, $2.50 per act. 

2. 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. 

3. 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

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RESOURCES 

Following are the State laws that relate to the office of notary public and notarial practices, as  well as several professional organizations that offer publications, guidance and forums  concerning the notarial practice space. 

State Laws  

The laws governing notary practices can be found in Titles 2A, 22A, 46 and P.L. 2021, c.179  (N.J.S.A. 52:7-10 et seq.). The New Jersey State Library and county libraries can help locate  these titles. They are also available on the Internet at www.njleg.state.nj.us.  

Professional Associations 

There are various professional associations that provide advice publications and forums for  discussing notary practices and issues. Following are several of these organizations. 

American Society of Notaries 

P.O. Box 5707, Tallahassee, Fl. 32314-5707  

Telephone: 1.850.671.5164  

Web Site: www.asnnotary.org  

National Notary Association 

9350 De Soto Ave. Chatsworth, CA 91313-2402  

Telephone: 800.876.6827 

Web Site: www.nationalnotary.org  

Mortgage Industry Standards Maintenance Organization 

1919 M Street NW, 5th Floor 

Washington, DC 20036 

Telephone: (202) 557- 2880 

Web Site: Info@mismo.org  

National Association of Secretaries of State 

444 North Capitol Street NW, Suite 401 

Washington, DC 20001 

Telephone: (202) 624-3525 

Web Site: nass@sso.org 

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REFERENCES 

*The Division of Revenue and Enterprise Services will add more references as the  implementation of New Jersey’s updated notary statute, P.L. 2021, c.179 (N.J.S.A. 52:7-10 et  seq.) progresses. 

MISMO Remote Online Notarization Standards, Final Candidate Recommendation (CR) Version,  Version 1. (2019). The Mortgage Industry Standards Maintenance Organization.  Washington, D.C. 

The Model Electronic Notarization Act. (2017). The National Notary Association. Retrieved from https://www.nationalnotary.org/file%20library/nna/reference-library/model enotarization-act.pdf  

NASS Support for the Revised National Electronic Notarization Standards. (2018). National  Association of Secretaries of State. Retrieved from  

https://www.nass.org/sites/default/files/resolutions/2018-02/nass-support-revised enotarization-standards-winter18_0.pdf  

Grother, P., Salamon, W. & Chandramouli, R. (2013). Biometric Specifications for Personal  Identity Verification. National Institute of Standards and Technology. Retrieved from  https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-76-2.pdf

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