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
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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: I[email protected]
National Association of Secretaries of State
444 North Capitol Street NW, Suite 401
Washington, DC 20001
Telephone: (202) 624-3525
Web Site: [email protected]
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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
