Notaries are needed to perform many valuable services for New Jersey's business, legal and financial communities. Effective notary services performed by a DGR representative can help to ensure that documents are properly executed, that facts are duly certified, and above all, that the general public is protected from fraud. Notarization is essential for many official documents including mortgages, deeds, contracts, and various corporate transactions.
WHAT IS A NOTARY PUBLIC?
A Notary Public is a public officer who serves as an impartial witness to the signing of documents and to the acknowledgement of signatures on documents. A Notary Public may also administer oaths and affirmations.
A duly appointed New Jersey Notary Public is authorized to perform notary services throughout the State of New Jersey.
GUIDELINES FOR NOTARY SERVICES
WHAT IS A NOTARY AUTHORIZED TO DO?
New Jersey State law authorizes a duly commissioned and qualified (sworn) Notary to perform the following duties in any county in New Jersey:
- Administer oaths and affirmations
- Take acknowledgments
- Execute jurats for affidavits and other verifications
- Take proofs of deeds
- Execute protests for non-payment or non-acceptance
Oaths and Affirmations
An oath is a spoken pledge, given by a person appearing before the Notary, that his/her attestation or promise is made under an immediate sense of responsibility to a Supreme Being for the truthfulness of a specific statement or statements, or the faithful performance of a specific duty or function.
An affirmation is a solemn declaration without oath. Whenever law requires
an oath, an affirmation may be taken instead. This accommodates persons who
have conscientious objections against taking an oath.
Notaries may administer oaths and affirmations to public officials and officers of various organizations. They may also administer oaths and affirmations in order to execute jurats for affidavits/verifications, and to swear in witnesses.
Notaries may charge only the statutory fee for administering an oath or affirmation ($2.50). There is no fee for swearing in a witness in conjunction with an acknowledgment.
Example of an oath administered by a Notary:
"Do you swear that the information presented in this document entitled "ABC", which you have signed before me, is the truth, so help you God?"
Example of an affirmation administered by a Notary:
"Do you solemnly affirm that the information presented in this document entitled "ABC", which you have signed before me, is the truth, and this you affirm under the pains and penalties of perjury?"
For both oaths and affirmations, the signer must answer affirmatively.
The process of administering oaths and affirmations could be formalized by
gestures -- e.g., asking the signer to raise his/her hand and/or place his/her
hand on a holy book such as the Holy Bible, Old Testament, Koran, etc.
Acknowledgments
An acknowledgment formally documents the following:
- That the signer of a document appeared before the Notary,
- That the Notary positively identified the signer, and
- That the signer both acknowledged the signature as his/hers, and that the signature was made willingly.
A related notary act (the proof) is discussed later in this section.
Requirements for Taking an Acknowledgment
The Notary should:
- Ensure the signer appears before him/her and presents at least one form of identification (ID) that provides a physical description of the signer-- e.g., driver's license.
Note : Identification documents are not required if: 1) the signer is personally known to the Notary, or 2) a credible witness, known to both the signer and Notary, swears to the identity of the signer.
- Review the document presented for completeness. This is not a formal legal review, such as would be performed by an accountant or attorney. Rather, it is a review to ensure that there are no blanks in the document. Should blanks be discovered, the signer must either fill them in or strike them out by drawing a line or "X" through them.
- Ensure that the signer understands the title of the document and is signing freely and willingly. By obtaining positive ID and asking brief questions as to the title and basic substance of the document, the Notary can make these determinations.
- Sign, date, and stamp an acknowledgment certificate (see illustrations below). The ink stamp should include the date on which the Notary's commission expires. The stamp should be placed next to, but not over, the Notary's signature. (If the Notary does not have an ink stamp, his/her name and commission expiration date must be printed or typed on the certificate as indicated.)