Bill Text: NJ S333 | 2016-2017 | Regular Session | Introduced
Bill Title: Revises statutes governing qualifications and duties of notaries public and other notorial officers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-12 - Introduced in the Senate, Referred to Senate Judiciary Committee [S333 Detail]
Download: New_Jersey-2016-S333-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Senator NICHOLAS P. SCUTARI
District 22 (Middlesex, Somerset and Union)
SYNOPSIS
Revises statutes governing qualifications and duties of notaries public and other notarial officers.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning notaries, revising and supplementing P.L.1979, c.460.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1979, c.460 (C.52:7-10) is amended to read as follows:
1. Short title.
This act shall be known and may be cited as the ["Notaries Public Act of 1979."] "New Jersey Law on Notarial Acts."
(cf: P.L.1979, c.460, s.1)
2. (New section) Definitions.
As used in this act:
a. "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.
b. "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
c. "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.
d. "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.
e. "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, or under the authority or jurisdiction of a recognized body pursuant to this act. 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.
f. "Notarial officer" means a notary public or other individual authorized by law to perform a notarial act.
g. "Notary public" means an individual commissioned by the State Treasurer to perform a notarial act.
h. "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.
i. "Person" has the meaning ascribed to it in R.S.1:1-2.
j. "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.
k. "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.
l. "Signature" means a tangible symbol or an electronic signature that evidences the signing of a record.
m. "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.
n. "State" means the State of New Jersey.
o. "Other state" or "another state" means any other state, the District of Columbia, the Commonwealth of Puerto Rico and any other possession or territory of the United States.
p. "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.
3. Section 2 of P.L.1979, c.460 (C.52:7-11) is amended to read as follows:
2. Appointment; Term; Application; Renewal.
a. The State Treasurer [shall appoint] may commission so many notaries public as the State Treasurer [shall deem] deems necessary [to commission, who] . Notaries public shall hold their respective offices for [the] a term of five years[, but may be removed from office at the pleasure of the State Treasurer].
b. [A person desiring to be appointed and commissioned] 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 or the State Treasurer. Renewals [thereof] shall be made in the same manner as the original application.
The application form shall provide a notice to the applicant 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 the English language or any other language, which mean or imply that the notary public is licensed as an attorney-at-law in the State of New Jersey or in any other jurisdiction of the United States. The application form shall also state that a notary public who advertises his services in the English language or any other language is required to provide with such advertisement a notice which contains the following 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."
c. The [fee to be collected by the] State Treasurer shall collect a nonrefundable fee [for that appointment or renewal shall be $25.00] of $25 for such appointment or renewal.
(cf: P.L.2014, c.48, s.3)
4. Section 3 of P.L.1979, c.460 (C.52:7-12) is amended to read as follows:
Qualifications.
[No] a. A person [shall be appointed] commissioned as a notary public in this State shall:
(1) be at least [unless he is] 18 years of age [or older];
(2) be at the time of appointment 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 section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. An applicant for an initial commission as a notary public shall provide satisfactory proof that he has:
(1) completed a six-hour course of study approved by the State Treasurer pursuant to subsection a. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill); and
(2) passed an examination prescribed by the State Treasurer pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill).
c. A notary public applying to renew his commission who has previously completed the six-hour course of study required pursuant to subsection a. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall complete the three-hour continuing education course as set forth in subsection b. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) and provide satisfactory proof of such completion.
d. A notary public applying to renew his commission who has not previously completed the six-hour course of study required pursuant to subsection a. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall complete the six-hour course as set forth in subsection c. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) and provide satisfactory proof of such completion.
(cf: P.L.1979, c.460, s.3)
5. Section 4 of P.L.1979, c.460 (C.52:7-13) is amended to read as follows:
Appointment of Nonresidents; Requirements.
4. a. No person shall be denied [appointment] a commission as a notary public on account of residence outside [of] this State, provided such person [resides in a State adjoining this State and] maintains, or is regularly employed in, an office in this State.
b. [Before any] Any such nonresident shall [be appointed and commissioned as a notary public, he shall] file with the State Treasurer an affidavit setting forth his residence outside this State and the address of his office or place of employment in this State.
[c. Any such nonresident notary public shall file with the State Treasurer a certificate showing any change of residence or of his office or place of employment address in this State.]
(cf: P.L.2014, c.48, s.4)
6. (New section) Course of Study.
a. A person applying for an initial commission as a notary public pursuant to section 2 of P.L.1979, c.460 (C.52:7-11) shall complete a six-hour course of study prescribed and approved by the State Treasurer. The course of study shall be completed within the six-month period immediately preceding the application.
b. A notary public applying to renew his commission pursuant to section 2 of P.L.1979, c.460 (C.52:7-11) who has previously completed the six-hour course of study required pursuant to subsection a. of this section shall complete a three-hour continuing education course prescribed and approved by the State Treasurer and provide satisfactory proof of such completion. The continuing education course shall be completed within the six-month period immediately preceding the application.
c. A notary public applying to renew his commission pursuant to section 2 of P.L.1979, c.460 (C.52:7-11) who has not previously completed the six-hour course of study required pursuant to subsection a. of this section shall complete such course of study within the six-month period immediately preceding the application and provide satisfactory proof of such completion.
d. The State Treasurer shall prescribe an application form and certificate of approval for any notary public course of study and any notary public continuing education course proposed by a provider. The State Treasurer may also provide a notary public course of study and continuing education course.
e. The State Treasurer shall compile a list of all providers offering an approved course of study pursuant to this section and shall provide the list with every manual issued by the State Treasurer pursuant to section 8 of P.L.1979, c.460 (C.52:7-17).
f. The six-hour course of study shall cover the statutes, regulations, procedures and ethics for notaries public as described in the manual issued by the State Treasurer, and shall include the duties and responsibilities of a notary public. The course of study shall be provided by classroom instruction.
g. The three-hour continuing education course shall cover topics which ensure maintenance and enhancement of skill, knowledge, and competency necessary to perform notarial acts. The continuing education course may be provided by either online or classroom instruction.
7. (New section) Examination.
a. The State Treasurer shall prescribe and administer an examination to determine the fitness of an applicant to exercise the functions of a notary public as provided in section 2 of P.L.1979, c.460 (C.52:7-11). The examination shall:
(1) be based on the statutes, rules, regulations, procedures, and ethical requirements for notaries public as described in the manual issued by the State Treasurer pursuant to section 8 of P.L.1979, c.460 (C.52:7-17); and
(2) include the requirements, functions, duties, and responsibilities of a notary public.
b. The State Treasurer shall charge a nonrefundable fee which shall be payable at the examination site. Such fee shall be established or changed by the State Treasurer to defray any proper expenses incurred by the Department of the Treasury in administering the examination. The fee shall not be fixed at a level that will raise amounts in excess of the amount estimated to be so required.
8. Section 5 of P.L.1979, c.460 (C.52:7-14) is amended to read as follows:
5. Oath; Filing; Certificate of Commission and Qualification.
a. Within three months of the receipt of his commission, each notary public shall take and subscribe an oath before the clerk of the county in which he resides or, for a notary public residing outside the State, in the county where his office or place of employment is located, to:
(1) faithfully and honestly to discharge the duties of his office[,] ; and
(2) [that he will] make and keep a true record of all such matters as are required by law, [which 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 he maintains his office or is employed in this State] including the requirement to maintain a journal of all notarial acts performed, as set forth in section 27 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. Upon the administration of [said] the oath, the [said] clerk shall cause the notary public to [indorse] endorse a certificate of commission and qualification [and] . The clerk shall transmit [said] the certificate to the State Treasurer within 10 days of the administration of [said] the oath. 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 the English language or any other language, which mean or imply that the notary public is licensed as an attorney-at-law in the State of New Jersey or in any other jurisdiction of the United States. The notice shall also state that a notary public who advertises his services, in the English language or any other language, is required to provide with such advertisement a notice which contains the following 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."
c. [The State Treasurer shall cancel and revoke the appointment of any notary public who fails to take and subscribe said oath within three months of the receipt of his commission and any appointment so canceled and revoked shall be null, void and of no effect] A commission authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by the law of this State on public officials or employees.
(cf: P.L.2014, c.48, s.5)
9. (New section) Grounds for State Treasurer to Deny Application, Refuse to Renew Commission, or Revoke, Suspend, or Limit Commission.
a. The State Treasurer may deny an application for commission as notary public; refuse to renew a commission of a notary public; or suspend, revoke, or otherwise limit the commission of a notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability necessary to act as a notary public, including:
(1) failure to comply with P.L.1979, c.460 (C.52:7-10 et seq.), as amended and supplemented by P.L. , c. (C. ) (pending before the Legislature as this bill);
(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 (C.2C:21-31) or section 1 of P.L.1994, c.47 (C.2C:21-22), but nothing in this paragraph shall be deemed to supersede P.L.1968, c.282 (C.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, c.282 (C.2A:168A-1 et seq.);
(5) failure by the notary public to discharge any duty required by any law, including P.L.1979, c.460 (C.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:
(a) giving legal advice;
(b) acting as an immigration consultant or an expert on immigration matters;
(c) otherwise performing the duties of an attorney licensed to practice law in New Jersey; or
(d) creating or reinforcing, by any means, a false impression that the person is licensed to engage in the practice of law in this State or any other State, including, but not limited to, committing a violation of P.L.1994, c.47 (C.2C:21-22) or P.L.1997, c.1 (C.2C:21-31);
(8) failure to take and subscribe to the oath pursuant to section 5 of P.L.1979, c.460 (C.52:7-14) 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 where allowed 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. If the State Treasurer denies 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 applicant or the notary public is entitled to timely notice and hearing in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
c. The authority of the State Treasurer to deny an application for notary public; refuse to renew a commission of a notary public; or suspend, revoke, or otherwise limit the commission of a notary public shall not prevent a person aggrieved by the actions of a notary public from seeking other criminal or civil remedies provided by law.
10. Section 6 of P.L.1979, c.460 (C.52:7-15) is amended to read as follows:
6. Statewide authority.
[a.] A notary public who has been duly commissioned and qualified is authorized to perform [his] the duties of a notary public throughout the State.
[b. Any notary public, after having been duly commissioned and qualified, shall, upon request, receive from the clerk of the county where he has qualified, as many certificates of his commission and qualification as he shall require for filing with other county clerks of this State, and upon receipt of such certificates the notary public may present the same, together with his autograph signature, to such county clerks as he may desire, for filing.]
(cf: P.L.1979, c.460, s.6)
11. Section 7 of P.L.1979, c.460 (C.52:7-16) is amended to read as follows:
7. County clerk to attach certificate of authority to notaries' certificates of proof, acknowledgements or affidavits.
The county clerk of the county in which a notary public resides or the county clerk of any county where such notary public shall have filed his [autograph] signature and certificate, as provided in section [6 of this act] 5 of P.L.1979, c.460 (C.52:7-14), shall, upon request, subjoin to any certificate of proof, acknowledgement or affidavit signed by the notary public, a certificate [under] signed by the [clerk's hand and seal] clerk stating that the notary public was at the time of taking such proof, acknowledgement or affidavit duly commissioned and sworn [and residing in this State, and was as such an officer of this State duly authorized to take and certify said proof, acknowledgement or affidavit as well as to take and certify the proof or acknowledgement of deeds for the conveyance of lands, tenements or hereditaments and other instruments in writing to be recorded in this State; that said proof, acknowledgement or affidavit is duly executed and taken according to the laws of this State; that full faith and credit are and ought to be given to the official acts of the notary public, and that the county clerk is well acquainted with the handwriting of the notary public and believes the signature to the instrument to which the certificate is attached is his genuine signature].
(cf: P.L.1979, c.460, s.7)
12. Section 8 of P.L.1979, c.460 (C.52:7-17) is amended to read as follows:
8. Manual.
[The State Treasurer shall, by regulation, fix a fee to be charged to each notary for the costs of printing and distribution to each applicant of a manual prescribing the powers, duties and responsibilities of a notary.]
a. The State Treasurer shall maintain a manual, accessible to the public, that sets forth the requirements, functions, duties, and responsibilities of a notary public. The manual shall include, but not be limited to, the statutes, rules, regulations, procedures, and ethical requirements governing a notary public.
The manual shall specify 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 the English language or any other language, which mean or imply that the notary public is licensed as an attorney or counselor at law in the State of New Jersey or in any other jurisdiction of the United States. The manual shall also state that a notary public who advertises his services in the English language or any other language is required to provide with such advertisement a notice which contains the following 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." The manual shall also state that no person shall be [appointed or reappointed] commissioned a notary public or receive a renewal of a notary public commission if he has been convicted under the laws of this State of an offense involving dishonesty, including but not limited to a violation of section 1 of P.L.1997, c.1 (C.2C:21-31) or section 1 of P.L.1994, c.47 (C.2C:21-22), or a substantially similar crime under the laws of another state or the United States or of a crime of the second degree or above.
b. The State Treasurer shall update the information contained in the manual and the Department of the Treasury's Internet website as appropriate.
c. The State Treasurer shall, by regulation, fix a fee to be charged to each applicant for the costs of printing and distributing the manual. No fee shall be charged if the manual is downloaded or printed from the Department of Treasury's website.
(cf: P.L.2014, c.48, s.6)
13. Section 9 of P.L.1979, c.460 (C.52:7-18) is amended to read as follows:
9. Statement by Notary Public after Change in Name; Filing; Evidence of Continuance of Powers and Privileges.
[After] a. If a notary public adopts a name different from that which he used at the time he was commissioned, [and] before he [signs his name] provides a signature to any [document] record which he is authorized or required to sign as notary public, he shall make and sign a statement in writing and under oath, on a form prescribed and furnished by the State Treasurer, setting out the circumstances under which [he] the notary public has adopted the new name.
b. The statement shall [set forth] state whether the new name has been adopted through marriage or civil union or by a change of name proceeding or otherwise, and such other information as the State Treasurer shall require.
c. The statement shall be filed in the office of the State Treasurer and in the office of the clerk of the county where [he] the notary public qualified as a notary public and in the office of the clerk of any county in which [he] the notary public may have filed a certificate of [his] commission and qualification.
Such statement, or a certified copy [thereof], shall be evidence of the right of [said] the notary public to continue to exercise the powers and privileges and perform the duties of a notary public in his changed [and] or new name.
(cf: P.L.2014, c.48, s.7)
14. Section 10 of P.L.1979, c.460 (C.52:7-19) is amended to read as follows:
10. Certificate of Notarial Act.
[Each notary public, in addition to subscribing his autograph signature to any jurat upon the administration of any oath or the taking of any acknowledgement or proof, shall affix thereto his name in such a manner and by such means, including, but not limited to, printing, typing, or impressing by seal or mechanical stamp, as will enable the State Treasurer easily to read said name.]
a. A notarial act shall be evidenced by a certificate. The certificate shall:
(1) be executed contemporaneously with the performance of the notarial act;
(2) be signed and dated by the notarial officer;
(3) identify the county and state in which the notarial act is performed; and
(4) contain the title of office of the notarial officer.
b. If the notarial officer is a notary public, the notary public shall:
(1) provide a signature exactly and only as it appears on the file with the State Treasurer; and
(2) execute the notary public's electronic signature in a manner which attributes the signature of the notary public identified in the commission; and
(3) indicate on the certificate the date of expiration of the notary public's commission.
c. A certificate of a notarial act is sufficient if it meets the requirements of subsections a. and b. of this section and:
(1) is in a short form set forth in section 21 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(2) is in a form otherwise permitted by the law of this State;
(3) is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or
(4) sets forth the actions of the notarial officer which shall meet the requirements provided in P.L.1979, c.460 (C.52:7-10 et seq.), as amended and supplemented by P.L. , c. (C. ) (pending before the Legislature as this bill) and any other applicable laws of this State.
d. By executing a certificate of a notarial act, a notarial officer certifies that the officer has made the determinations specified by P.L.1979, c.460 (C.52:7-10 et seq.), as amended and supplemented by P.L. , c. (C. ) (pending before the Legislature as this bill).
e. 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.
f. If a notarial act is performed regarding a tangible record, a certificate shall be part of, or attached to, the record.
g. If a notarial act is performed regarding an electronic record, the certificate shall be affixed to, or logically associated with, the electronic record.
h. If the State Treasurer has established standards pursuant to P.L.1979, c.460 (C.52:7-10 et seq.), as amended and supplemented by P.L. , c. (C. ) (pending before the Legislature as this bill) for attaching, affixing, or logically associating the certificate, the process shall conform to the standards.
(cf: P.L.2014, c.48, s.8)
15. (New section) Official Stamp.
a. 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.
b. If a notarial act regarding a tangible record is performed by a notary public, an official stamp shall be affixed to or embossed on the certificate near the signature of the notary public so as to be clear and readable. If a notarial act regarding an electronic record is performed by a notary public and the certificate contains the information specified in subsection a. of this section, an official stamp may be attached to or logically associated with the certificate.
c. If a notarial act regarding a tangible record is performed by a notarial officer other than a notary public and the certificate contains the information specified in subsection a. of this section, an official stamp may be affixed to or embossed on the certificate. If a notarial act regarding an electronic record is performed by a notarial officer other than a notary public and the certificate contains the information specified in subsection a. of this section, an official stamp may be attached to or logically associated with the certificate.
16. (New section) Stamping Device.
a. 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.
b. 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.
c. If the stamping device used by the notary public is lost or stolen, the notary public or his personal representative shall promptly notify the State Treasurer.
17. (New section) Authority to Perform Notarial Act.
a. A notarial officer may perform a notarial act authorized by P.L.1979, c.460 (C.52:7-10 et seq.), as amended and supplemented by P.L. , c. (C. ) (pending before the Legislature as this bill), and any other applicable law.
b. 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. A notarial act performed in violation of this subsection is voidable.
18. (New section) Requirements for Certain Notarial Acts.
a. A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.
b. A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.
c. A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.
d. A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item.
e. A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in subsection b. of N.J.S.12A:3-505.
f. For the purposes of this section:
(1) A notarial officer has personal knowledge of the identity of an individual appearing before him 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) A notarial officer has satisfactory evidence of the identity of an individual appearing before him if he can identify the individual by means of:
(a) A passport, driver's license, or government-issued, non-driver identification card, which is current or expired not more than three years before the performance of the notarial act; or
(b) Another form of government-issued identification, which is current or expired not more than three years before the performance of the notarial act, and which:
(i) contains the individual's signature or a photograph of the individual's face; and
(ii) is satisfactory to the notarial officer; or
(c) A verification of oath or affirmation of a credible witness personally appearing before the notarial officer and personally known to the notarial officer or whom the notarial officer can identify on the basis of a passport, driver's license, or government-issued, non-driver identification card, which is current or expired not more than three years before the performance of the notarial act.
(3) 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.
19. (New section) Personal Appearance Required.
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.
20. (New section) Signature if Individual 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 individual's name. If the individual uses an alternative symbol as the individual's signature, he may direct that the alternative symbol be affixed to the record. The notarial officer shall insert "Signature affixed by (name of other individual) at the direction of (name of individual)" or words of similar import.
21. (New section) Certificate Form.
The following short form certificates of notarial acts are sufficient for the purposes indicated, if the requirements of section 10 of P.L.1979, c.460 (C.52:7-19) are satisfied. Certificates of notarial acts are deemed sufficient for the purposes indicated if substantially all of the requirements of section 10 of P.L.1979, c.460 (C.52:7-19) and this section are satisfied:
a. For an acknowledgment in an individual capacity:
State of ________________________________________
[County] of ___________________________________
This record was acknowledged before me on ________ by ____________________
Date, Name(s) of individual(s)
__________________________________
Signature of notarial officer
Stamp
[__________________________________]
Title of office
[My commission expires: _________]
b. For an acknowledgment in a representative capacity:
State of _________________________________________
[County] of ______________________________________
This record was acknowledged before me on ________ by _____________________
Date, Name(s) of individual(s)
as (type of authority, such as officer or trustee) of (name of party on behalf of whom record was executed).
__________________________________
Signature of notarial officer
Stamp
[__________________________________]
Title of office
[My commission expires: _________]
c. For a verification on oath or affirmation:
State of _________________________________________
[County] of ______________________________________
Signed and sworn to (or affirmed) before me on ________ by ______________________
Date, Name(s) of individual(s) making statement
__________________________________
Signature of notarial officer
Stamp
[__________________________________]
Title of office
[My commission expires: _________]
d. For witnessing or attesting a signature:
State of _________________________________________
[County] of ______________________________________
Signed [or attested] before me on ________ by _______________________
Date, Name(s) of individual(s)
__________________________________
Signature of notarial officer
Stamp
[__________________________________]
Title of office
[My commission expires: _________]
e. 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 ________________________________________.
Dated ___________________________
________________________________
Signature of notarial officer
Stamp
[__________________________________]
Title of office
[My commission expires: _________]
22. (New section) Notarial Act in this State.
a. The signature and title of an individual performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.
b. A notarial act may be performed in this State by an individual authorized by the applicable law to perform the notarial act.
c. The signature and title of a notarial officer authorized by the applicable law to perform the notarial act conclusively establishes the authority of the officer to perform the notarial act.
23. (New section) Notarial Acts Not Performed Under Authority of this State.
a. This section applies to a notarial act performed under the authority:
(1) and in the jurisdiction of a foreign state or constituent unit of the foreign state; or
(2) of a multinational or international governmental organization.
b. A notarial act under subsection a. of this section has the same effect under the law of this State as if performed by a notarial officer of this State.
c. If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
d. The signature and official stamp of an individual holding an office described in subsection c. of this section are prima facie evidence that:
(1) the signature is genuine; and
(2) the individual holds the designated title.
e. This section applies to an apostille which is:
(1) in the form prescribed by the Hague Convention of October 5, 1961; and
(2) issued by a foreign state party to the Hague Convention.
(3) An apostille under subsection a. of this section conclusively establishes that:
(a) the signature of the notarial officer is genuine; and
(b) the notarial officer holds the indicated office.
f. This section applies to a consular authentication:
(1) issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas; and
(2) attached to the record with respect to which the notarial act is performed.
g. A consular authentication under subsection f. of this section conclusively establishes that:
(1) the signature of the notarial officer is genuine; and
(2) the notarial officer holds the indicated office.
h. As used in this section, the term "foreign state" means a government other than the United States, a state or a federally-recognized Indian tribe.
24. (New section) Notification Regarding Performance of Notarial Act on Electronic Record; Selection of Technology.
a. 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.
b. Before a notarial officer performs his initial notarial act with respect to an electronic record, he shall notify the State Treasurer that he will be performing notarial acts with respect to electronic records and identify the technology he intends to use. If the State Treasurer has established standards for approval of technology pursuant to section 29 of P.L. , c. (C. ) (pending before the Legislature as this bill), the technology selected by the notarial officer must conform to those standards. If the technology conforms to the standards, the State Treasurer shall approve the use of the technology.
25. (New section) Database of Notaries Public.
The State Treasurer shall maintain an electronic database of notaries public:
a. through which a person may verify the authority of a notary public to perform notarial acts; and
b. which indicates whether a notary public has notified the State Treasurer that the notary public will be performing notarial acts on electronic records.
26. (New section) Authority to Refuse to Perform Notarial Act.
a. 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.
b. A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than P.L.1979, c.460 (C.52:7-10 et seq.), as amended and supplemented by P.L. , c. (C. ) (pending before the Legislature as this bill).
27. (New section) Journal.
a. 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 numbered pages.
(4) If the journal is maintained in an electronic format, it shall be in a permanent, tamper-evident electronic format complying with the rules and regulations promulgated by the State Treasurer.
b. 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) the fee charged for the notarial act.
c. If a notary public's journal is lost or stolen, the notary public shall promptly notify the State Treasurer.
d. The notary public shall either:
(1) retain the journal for 10 years after the performance of the last notarial act chronicled in the journal; or
(2) transmit the journal to the Department of the Treasury, Division of Revenue and Enterprise Services, or a repository approved by the State Treasurer.
e. On resignation from, or the revocation or suspension of, a notary public's commission, the notary public shall either:
(1) retain the journal in accordance with paragraph (1) of subsection d. of this section and inform the State Treasurer where the journal is located; or
(2) transmit the journal to the Department of the Treasury, Division of Revenue and Enterprise Services, or a repository approved by the State Treasurer.
f. On the death or adjudication of incompetency of a current or former notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the journal shall transmit it to the Department of the Treasury, Division of Revenue and Enterprise Services, or a repository approved by the State Treasurer.
g. In lieu of maintaining a journal, a notary public who is an attorney-at-law admitted to practice in this State, is employed by an attorney-at-law, or is employed by or acting as an agent for a title insurance company licensed to do business in this State pursuant to P.L.2001, c.210 (C.17:22A-26 et seq.), or other notarial officer, 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.
28. (New section) Validity of Notarial Acts.
a. Except as otherwise provided in section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill), the failure of a notarial officer to perform a duty or meet a requirement specified in P.L.1979, c.460 (C.52:7-10 et seq.), as amended and supplemented by P.L. , c. (C. ) (pending before the Legislature as this bill), does not invalidate a notarial act performed by the notarial officer.
b. The validity of a notarial act under P.L.1979, c.460 (C.52:7-10 et seq.), as amended and supplemented by P.L. , c. (C. ) (pending before the Legislature as this bill), does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies available by law and as provided in P.L.1979, c.460 (C.52:7-10 et seq.), as amended and supplemented by P.L. , c. (C. ) (pending before the Legislature as this bill).
c. P.L.1979, c.460 (C.52:7-10 et seq.), as amended and supplemented by P.L. , c. (C. ) (pending before the Legislature as this bill), shall not validate any purported notarial act performed by an individual who does not have the authority to perform notarial acts.
29. (New section) Rules and Regulations.
a. The State Treasurer shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to implement the provisions of P.L.1979, c.460 (C.52:7-10 et seq.), as amended and supplemented by P.L. , c. (C. ) (pending before the Legislature as this bill). Any rules and regulations regarding the performance of notarial acts with respect to electronic records shall not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification. The rules and regulations may:
(1) prescribe the manner of performing notarial acts regarding tangible and electronic records;
(2) include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident;
(3) include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures;
(4) prescribe the process of granting, renewing, denying, suspending, revoking, or otherwise limiting a notary public commission and assuring the trustworthiness of an individual holding a commission as notary public;
(5) include provisions to prevent fraud or mistake in the performance of notarial acts; and
(6) provide for the administration of the examination under section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill) and the course of study under section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. In adopting, amending, or repealing rules and regulations concerning notarial acts with respect to electronic records, the State Treasurer shall consider, consistent with the provisions of P.L.1979, c.460 (C.52:7-10 et seq.), as amended and supplemented by P.L. , c. (C. ) (pending before the Legislature as this bill):
(1) the most recent standards regarding electronic records promulgated by national bodies, such as the National Association of Secretaries of State;
(2) standards, practices, and customs of other jurisdictions that substantially enact the Revised Uniform Law on Notarial Acts, as embodied in P.L.1979, c.460 (C.52:7-10 et seq.), as amended and supplemented by P.L. , c. (C. ) (pending before the Legislature as this bill); and
(3) the views of governmental officials and entities and other interested persons.
30. (New section) Relation to Electronic Signatures in Global and National Commerce Act.
To the extent permitted by section 102 of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. s.7002, P.L.1979, c.460 (C.52:7-10 et seq.) may modify or supersede provisions of that act, 15 U.S.C. ss.7001 et seq.
31. Sections 1 and 2 of P.L.1981, c.487 (C.52:7-20 and C.52:7-21) are repealed.
32. (New section) Savings Clause.
P.L.1979, c.460 (C.52:7-10 et seq.), as amended and supplemented by P.L. , c. (C. ) (pending before the Legislature as this bill), shall not affect the validity or effect of any notarial act performed before the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
33. This act shall take effect immediately.
STATEMENT
This bill revises the statutes concerning the qualifications and duties of notaries public and other notarial officers. The bill is based on a recent report by the New Jersey Law Revision Commission.
The bill:
• Expands the definition of a "notarial act" to include electronic records;
• Provides a definition for the term "electronic signature" and defines the terms "official stamp" and "stamping device" to include electronic images, electronic devices, and electronic processes;
• Allows the identity of the individual appearing before the notary to be verified by personal knowledge or satisfactory evidence;
• Requires the personal appearance of an individual who signs a record before the notary for both tangible and electronic records;
• Allows a notary public to select one or more tamper-evident technologies when using electronic records;
• Provides the bases for notaries public to refuse performance; and
• Governs notarial acts performed in other states; performed by federally-recognized Native American tribes; performed under federal authority; and performed in foreign jurisdictions.
The bill defines the term "notarial act" as an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the laws of New Jersey, or under the authority or jurisdiction of a recognized body pursuant to the bill. The term "notarial act" 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.
The bill defines "notarial officer" as a notary public or other individual authorized by law to perform a notarial act.
The bill delineates the qualifications for obtaining and renewing a notary public commission, including age, residency, course of study, and examination requirements, and outlines the grounds to deny, refuse to renew, revoke, suspend or condition a notary's commission.
The bill sets out the certificate of notarial acts and short form certificates, and specifies the requirements for the form and content of the official stamp, including requirements for notarial acts regarding electronic records.
In addition, the bill requires notaries to maintain, in either tangible or electronic form, a journal of all notarial acts performed, and to either retain the journal for 10 years or transmit the journal to the Department of the Treasury, Division of Revenue and Enterprise Services, or a repository approved by the State Treasurer.
The bill provides that an application for commission as a notary public may be endorsed by either a member of the Legislature or the State Treasurer. Under current law, such an application must be endorsed by a member of the Legislature.
The bill requires that all applicants for commission as a notary public must, within the six-month period immediately preceding the application, complete a six-hour course of study prescribed and approved by the State Treasurer. All applicants for renewal of a commission as a notary public must complete a continuing education course of at least three hours. Applicants for renewal who have not previously completed the six-hour course of study must complete it within the six-month period immediately preceding the application.
The bill also requires the State Treasurer to prescribe and administer a written examination to determine the fitness of an applicant to exercise the functions of a notary public. The examination would be based on the statutes, rules, regulations, procedures, and ethical requirements for notaries public and include the requirements, functions, duties, and responsibilities of a notary public. The State Treasurer would charge a nonrefundable fee, to be established by regulation, which would be payable at the examination site. The fee would be established or changed by the State Treasurer to defray any proper expenses incurred by the Department of the Treasury in administering the examination, except that the fee could not be fixed at a level that will raise amounts in excess of the amount estimated to be so required. This fee would be in addition to the $25 application fee set out in N.J.S.A.52:7-11 for an initial notary public commission or renewal of a commission.
The bill sets out grounds for refusal to perform a notarial act. Specifically, the bill provides that unless refusal is prohibited by another law, 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.
This bill is based on the New Jersey Law Revision Commission's "Final Report Relating to the RULONA /New Jersey Notaries Public Act" issued September 18, 2014. The commission's report is a modified version of the "Revised Uniform Law on Notarial Acts" ("RULONA") issued by the Uniform Law Commission in 2010.
