NEW JERSEY NOTARY PUBLIC MANUAL
(revised September 28, 2015) |
INTRODUCTION
The office
of Notary Public is a vital public function. Notaries 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 general public is protected from fraud.
Notarization is essential for many official documents including mortgages,
deeds, contracts, and various corporate transactions.
A1423: 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. A Notary who advertises his services must provide a statement “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”.
This manual is designed to provide Notaries with practical
guidance on how to perform notary services. By following the
manual's guidelines, Notaries will operate from 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's Business Support Services
Bureau serves as the administrative agency for the Notary Public program
in New Jersey. To contact the Bureau, e-mail
us or write:
NJ Division of Revenue
Business
Support Services/Notary Section
PO Box 452, Trenton, NJ 08646
CONTENTS
THE
OFFICE OF NOTARY PUBLIC
WHAT
IS A NOTARY PUBLIC?
WHO APPOINTS
NOTARIES, AND WHAT IS THE NOTARY'S COMMISSION PERIOD?
WHAT ARE THE
QUALIFICATIONS FOR THE OFFICE ?
HOW
DOES ONE APPLY FOR THE OFFICE?
GUIDELINES
FOR NOTARY SERVICES
WHAT IS
A NOTARY AUTHORIZED TO DO?
PROHIBITIONS
AND LIABILITY
NOTARY
FEES
INFORMATION
ON MAINTAINING A COMMISSION
REFERENCE
SOURCES
ILLUSTRATIONS
THE
OFFICE OF NOTARY PUBLICWHAT
IS A NOTARY PUBLIC?
A
Notary Public is a public officer who serves as an impartial witness
to the signing of documents and to the acknowledgement of signatures
on documents. A Notary Public may also administer oaths and
affirmations.
A duly appointed New Jersey Notary Public is authorized
to perform notary services throughout the State of New Jersey.
A
Notary Public is appointed (commissioned) by the State Treasurer
for a five-year period, and is sworn into office by the clerk of the
county in which he/she resides. Appointments can be renewed
for subsequent five-year periods.
The State Treasurer may remove a Notary Public's commission.
WHAT
ARE THE QUALIFICATIONS FOR THE OFFICE ?
| Residency |
| |
A
Notary Public must be a resident of New Jersey or a resident of
an adjoining state who maintains, or is regularly employed in,
an office in this State.
|
| Age |
| |
A
Notary Public must be 18 years or older.
|
| Personal
Background |
| |
The
State Treasurer may not appoint any person who has been convicted
of a crime under the laws of any state or the United States, for
an offense involving dishonesty, or a crime of the first or second
degree.
|
HOW
DOES ONE APPLY FOR A NEW OR RENEWED COMMISSION?
GUIDELINES
FOR NOTARY SERVICES WHAT
IS A NOTARY AUTHORIZED TO DO?
New
Jersey State law authorizes a duly commissioned and qualified (sworn)
Notary to perform the following duties in any county in New Jersey:
- Administer
oaths and affirmations
- Take acknowledgments
- Execute jurats
for affidavits and other verifications
- Take proofs
of deeds
- Execute protests
for non-payment or non-acceptance
Oaths
and Affirmations
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.
An affirmation is a solemn declaration without oath. Whenever law
requires an oath, an affirmation may be taken instead. This accommodates
persons who have conscientious objections against taking an oath.
Notaries may administer
oaths and affirmations to public officials and officers of various
organizations. They may also administer oaths and affirmations in
order to execute jurats for affidavits/verifications, and to swear
in witnesses.
Notaries may charge
only the statutory fee for administering an oath or affirmation ($2.50).
There is no fee for swearing in a witness in conjunction with an acknowledgment.
Example
of an oath administered by a Notary:
"Do
you swear that the information presented in this document entitled
"ABC", which you have signed before me, is the truth, so help
you God?"
Example
of an affirmation administered by a Notary:
"Do
you solemnly affirm that the information presented in this document
entitled "ABC", which you have signed before me, is the truth,
and this you affirm under the pains and penalties of perjury?"
For
both oaths and affirmations, the signer must answer affirmatively.
The process
of administering oaths and affirmations could be formalized by
gestures -- e.g., asking the signer to raise his/her hand and/or place
his/her hand on a holy book such as the Holy Bible, Old Testament,
Koran, etc.
Acknowledgments
An
acknowledgment formally documents the following:
- That
the signer of a document appeared before the Notary,
- That
the Notary positively identified the signer, and
- That
the signer both acknowledged the signature as his/hers, and that
the signature was made willingly.
A
related notary act (the proof) is discussed later in this section.
Requirements
for Taking an Acknowledgment
The
Notary should:
- Ensure
that the signer appears before him/her and presents at least one
form of identification (ID) that provides a physical description
of the signer-- e.g., driver's license.
Note:
Identification documents are not required if: 1) the signer is personally
known to the Notary, or 2) a credible witness, known to both the
signer and Notary, swears to the identity of the signer.
- Review
the document presented for completeness. This is not a formal
legal review, such as would be performed by an accountant or an
attorney. Rather, it is a review to ensure that there are no blanks
in the document. Should blanks be discovered, the signer must either
fill them in or strike them out by drawing a line or "X" through
them.
- Ensure
that the signer understands the title of the document and is signing
freely and willingly. By obtaining positive ID and asking
brief questions as to the title and basic substance of the document,
the Notary can make these determinations.
- Sign,
date, and stamp an acknowledgment certificate (see illustrations).
The ink stamp should include the date on which the Notary's commission
expires. The stamp should be placed next to, but not over, the Notary's
signature. (If the Notary does not have an ink stamp, his/her
name and commission expiration date must be printed or typed on
the certificate as indicated.)
- Make
a journal entry. The journal entry provides evidence and an
audit trail thereby protecting both the Notary and the general public.
Required information includes: 1) date and time of notary act, 2)
type of act (i.e., acknowledgment), 3) title of document, 4) date
document was signed, 5) signature; printed name and address of each
signer, and if applicable, each witness, and 6) form of ID -- e.g.
identification document, personal knowledge, or credible witness.
Note: Journals should be bound to prevent tampering. Journals may
be obtained from stationers or professional associations.
- Charge
only the statutory fee ($2.50).
Proofs
Of Execution
A
proof of execution (proof) is a declaration by a subscribing witness
that he/she knows the person who signed the document being presented,
and was present for its signing or acknowledgment by the signer. The
subscribing witness must sign (subscribe) the same document. A proof
is taken when the signer cannot be present. A proof may be taken
only when the subscribing witness appears before the Notary. The Notary
must personally know the witness. Further, the Notary must administer
an oath or affirmation (at no extra fee) to the witness to compel
truthfulness. In all other respects, the procedural components of
and fee for a proof are the same as for an acknowledgment.
Note:
State law indicates that a proof may be taken for a deed. There is
no specific guidance with respect to taking a proof for another instrument.
Therefore, it would be advisable to limit this particular notary service
to deeds.
Jurats
A
jurat is a certificate of office or person before whom writing was
sworn and is designed to compel truthfulness on the part of the signer.
The jurat is completed during the execution of an affidavit or other
form of verification and is generally written at the foot of an affidavit
stating when, where, and before whom such affidavit was sworn.
The jurat shares several of the basic elements of the acknowledgment.
However, there are two additional requirements: 1) the signer must
sign the document before the Notary; and 2) the signer must take an
oath or affirmation regarding the truthfulness of the statements
in the documents.
Requirements
for a Jurat
The
Notary should perform the following procedures:
- Ensure
that the signer appears before him/her, shows at least one form
of ID that provides a physical description of the signer-e.g., driver's
license, AND signs the document in his/her presence.
Note:
Identification documents are not required if: 1) the signer is personally
known to the Notary; or 2) a credible witness, known to both the
signer and Notary, swears to the identity of the signer.
- Administer
an oath/affirmation.
- Sign,
date, and stamp a jurat certificate (see illustrations).
The ink stamp should include the date on which the Notary's commission
expires. The stamp should be placed next to, but not over, the Notary's
signature. (If the Notary does not have an ink stamp, his/her
name and commission expiration date must be printed or typed on
the certificate as indicated.)
- Make
a journal entry. The journal entry provides evidence and an
audit trail thereby protecting both the Notary and general public.
Required information includes: 1) date and time of notary act; 2)
type of act (i.e., jurat); 3) title of document; 4) date document
was signed; 5) signature, printed name and address of each signer
and, if applicable, each witness; and 6) form of ID -- e.g., identification
document, personal knowledge, or credit witness. Note:
Journals should be bound to prevent tampering. Journals may be obtained
from stationers or professional associations.
- Charge
only the statutory fee ($2.50).
Protests
For Non-Payment/Non-Acceptance
A
protest is a formal declaration made by the Notary on behalf of a
holder of a bill or note that acceptance or payment of the bill/note
has been refused. Protests for non-payment/non-acceptance occur
within complex and specialized financial and commercial contexts.
Therefore, Notaries are advised to consult the State's Uniform Commercial
Code (NJSA 12:A) and if applicable, their employers for further technical
guidance on providing this particular service. Requirements
for Executing a Protest
To
execute a protest, a Notary should note the following:
- Identify the
instrument involved (e.g., bill or note).
- Certify that
due notice of payment has been made (Presentment).
- Certify that
the instrument has been dishonored by non-payment or non-acceptance
by individuals authorized to receive and pay/accept.
- Note the individuals
to whom presentment was made.
- Record the
facts above on a certificate attached to the instrument involved.
- Sign, date,
and stamp a certificate. The ink stamp should include the
date on which the Notary's commission expires. The stamp should
be placed next to, but not over, the Notary's signature. (If
the Notary does not have an ink stamp, his/her name and commission
expiration date must be printed or typed on the certificate as indicated.)
- Make a journal
entry. The journal entry provides evidence and an audit trail
thereby protecting both the Notary and general public. Required
information includes: 1) date and time of notary act, 2) type of
act, 3) title of document, 4) date document was signed, 5) signature,
printed name and address of each signer and if applicable, each
witness, and 6) form of ID -- e.g., identification document, personal
knowledge, or credible witness. Note: Journals should
be bound to prevent tampering. Journals may be obtained from stationers
or professional associations.
PROHIBITIONS
AND LIABILITY WHAT
IS A NOTARY PROHIBITED FROM DOING?
- Never
pre-date an action. The Notary may never date an action (acknowledgement,
jurat, etc.,) prior to the execution (signature) date appearing
on the document involved.
- Never
lend a journal, stamp, or other personalized Notary equipment to
another individual.
- Never
prepare a legal document or give advice on legal matters, or matters
pertaining to land titles. This includes the preparation of pleadings,
affidavits, briefs and any other submissions to the court.
- Never,
in the capacity as a Notary Public, appear as a representative of
another person in a legal proceeding.
- Never,
in the capacity as a Notary Public, act for others in the collection
of delinquent bills or claims.
In addition
to the general prohibitions above, Notaries should refrain from notarizing
documents in which they have a personal interest including documents
they have prepared for a fee.
Opinion
41 - Notaries Public and the Unauthorized Practice of Law ARE
THERE ANY LIABILITIES ASSOCIATED WITH THE OFFICE?
Willful
violations such as fraud can lead to the removal of the Notary's commission,
and leave the Notary vulnerable to civil and/or criminal legal actions.
In the capacity of a Notary, acting as a legal advocate is considered
the unauthorized practice of law and will also leave the Notary vulnerable
to civil and/or criminal legal actions.
NOTARY
FEES
WHAT
ARE THE FEES FOR NOTARY SERVICES?
The
following are fees that Notaries may charge:
| NOTARY
SERVICES |
FEE |
| Administering
an oath/affirmation |
$2.50/ea |
| Executing
a jurat |
$2.50/ea |
| Taking
proof of a deed (proof of execution) |
$2.50/ea |
| Taking
an acknowledgment |
$2.50/ea |
INFORMATION ON MAINTAINING A COMMISSION WHAT
HAPPENS WHEN A NOTARY CHANGES HIS/HER NAME OR ADDRESS?
| Name Change |
| |
Whenever a Notary Public adopts a different name, before notarizing any document, he/she must submit a change request with the State Treasurer. Change of name and or address can be performed online.
|
| Address
Change |
| |
The
change form referenced above may also be used for address changes.
|
HOW
CAN A NOTARY OBTAIN A DUPLICATE COMMISSION?
A
Notary may request from the State Treasurer, or clerk of the county
in which he/she was sworn, copies of his/her commission and qualification
certificates for filing in other counties in this State. Upon
receipt of the copies, the Notary may present the same along with
an autograph copy of his/her signature, to any county clerk in this
State for filing.
* Please note: To obtain a duplicate notary commission, please call (609)292-0642.
HOW
DO YOU AUTHENTICATE A NOTARY COMMISSION?
The
State Treasurer and county clerks may, upon request by any party,
attach to any notary action (acknowledgement, jurat, etc.), a certification.
Executed under the Treasurer's or county clerk's hand and seal,
the certification attests that at the time of the notary action,
the Notary was duly commissioned, sworn and residing in this State,
and was authorized to take the action.
The State Treasurer
may provide certifications relating to any Notary in this State.
County clerks may only provide certifications for Notaries who reside
in their respective counties, or Notaries who have filed copies
of their commission/qualification certificates and autograph signatures.
REFERENCE
SOURCES
Following are
several reference sources that relate to the office of Notary Public
and notary practices in general:
State
Law
The laws governing notary practices can be found
in Titles 2A, 22A, 46 and 52 of the New Jersey Statutes Annotated
(NJSA). 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. Two such associations are listed below.
National
Notary Association, 9350 De Soto Ave. Chatsworth, CA 91313-2402
Telephone: 800.876.6827 Web
Site: www.nationalnotary.org
American
Society of Notaries, P.O. Box 5707, Tallahassee, Fl. 32314-5707
Telephone: 1.850.671.5164
Web Site: www.asnnotary.org
New Jersey Notary Association PO Box 273, Matawan, NJ 07747
Telephone: 1.732.800.NJNA
Web: www.newjerseynotaryassociation.org
Books/Guides
The following lists several books and guides that
cover notary practices. It is recommended that the Notary consult
at least one of these before obtaining a commission. It is further
recommended that the Notary visit the library at least once a year
to determine whether any new or revised texts on notary practices
have been published.
- Faerber,
Charles N. Notary Seal and Certificate Verification Manual . National
Notary Association, Canoga Park, CA, 1994.
- Identification
Standards for Notaries/How Statutory Identification Guidelines
Deter Document Fraud. National Notary Association, Canoga Park,
CA.
- Kessinger,
Roger A. Notary Public Handbook: A State-by-State Guide. Kessinger
Publishing Col. Boise, ID, 1990.
- Manual
for Notaries Handbook, The New Jersey Notary Law Primer. American
Society of Notaries, Tallahassee, FL.
- Piambino,
Alfred E. Notary Public Handbook: A Guide for New Jersey . East
Coast Publishing, Poughkeepsie, NY, 1991.
- The
New Jersey Notary Law Primer. National Notary Association, Canoga
Park, CA, 1994.
- The
Notary Record Book, How a Journal of Notary Acts Protects the
Public. National Notary Association, Canoga Park, CA.
- Wesley,
Gilmer. Anderson's Manual for Notaries Public.6th Ed. Anderson
Publishing Co. Cincinnati, OH. 1991.
ILLUSTRATIONS
The following illustrations are intended to show
the basic elements of two common notary actions -- acknowledgments
and jurats, as well as the basic elements for a proof of execution.
The illustrations serve AS EXAMPLES ONLY, and are not intended to
be comprehensive or exclusive standards. CERTIFICATE OF ACKNOWLEDGMENT
The following illustration reflects the basic elements
of a certificate of acknowledgment. The certificate wording could
be incorporated into the document involved, or may be attached to
the document as a separate sheet. Language or lines that do not
apply to a particular action may be crossed out -- e.g., crossing
out the words "Witness(es)" when none appear.
CERTIFICATE OF ACKNOWLEDGMENT
| State of New Jersey |
) |
| |
)ss |
| County of ______________, |
) |
| On _________, 20 __ before me, |
___________________, |
Notary Public in and
for |
| |
(Notary's Name) |
|
| said county, personally appeared |
__________________, |
__________________, and |
| |
|
(Signer/Witness) |
(Signer/Witness) |
| _________________________, |
|
|
| (Signer/Witness) |
|
|
| who has/have satisfactorily identified
him/her/themselves as the signer(s) or/witness(es)
to the above-referenced document. |
JOHN DOE
(Affix Notary
Stamp Here)
| My Commission Expires 01/03/06 |
_____________________ |
__________ |
| |
(Notary Signature) |
(Date) |
|
|
JURAT
The following
illustration reflects the basic elements of a jurat. The
jurat IS ALWAYS PART affidavit or verification. The venue
(state/county where the Jurat is done) precedes the body of
the affidavit/verification, while the Notary's certification
follows the body affidavit/verification and affiant's signature.
AFFIDAVIT
| State of New Jersey |
) |
| |
)ss |
| County of ______________, |
) |
I, John Smith, being duly
sworn, make this my affidavit and state:
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
| |
__________________
__________ |
| |
(Signer)
(Date) |
| Subscribed and sworn to
before me on _______, 20 __ by |
___________________________ |
| |
(Affiant's Name) |
| JOHN DOE |
|
|
| (Affix Notary Stamp
Here) |
|
|
My Commission Expires 01/03/06 |
_________________________ |
___________ |
| |
(Notary Signature) |
(Date) |
|
CERTIFICATE OF PROOF OF EXECUTION
The following
illustration reflects the basic elements of a certificate
of proof of execution. The certificate wording could be
incorporated into the document involved, or may be attached
to the document as a separate sheet. Language or lines
that do not apply to a particular action may be crossed
out -- e.g., crossing out the words "Credible Witness"
when none appears. |
CERTIFICATE OF ACKNOWLEDGMENT
| State of New Jersey |
) |
| |
)ss |
| County of ______________, |
) |
| On _______, 20__ |
before me, _________________, Notary Public
in and for said county, |
| |
(Notary's
Name) |
| personally appeared |
|
|
| ________________, |
______________ and |
______________, personally known to me, |
| (Subscribing Witness) |
(Subscribing Witness) |
(Subscribing Witness) |
| or proved to me on the oath of |
|
| ________________, |
to be the person(s) whose name(s) is/are subscribed
on the attached |
| (Credible Witness) |
|
|
document as witness(es) thereto, and who,
being duly sworn by me, says that he/she
saw _______________, |
| (Signer's
Name) |
|
|
sign the attached document, and that said affiant(s)
subscribed his/her name(s) to the attached
document at the request of ________________. |
| |
(Signer's Name) |
|
JOHN DOE
(Affix Notary Stamp Here)
My Commission Expires 01/03/06 |
_________________________ |
___________ |
| |
(Notary Signature) |
(Date) |
|
Last Updated:
Monday, 03/21/16
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