Ch 1, 2, & 3 Flashcards
Acknowledgment
declaration by an individual before a notarial officer that the
individual has signed a record for the purpose stated in the record
Electronic
relating to technology having electrical, digital, magnetic, wireless, optical,
electromagnetic, or similar capabilities
Electronic signature
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
- An authorized officer agent, partner, trustee, or other representative for a person other
than an individual; - A public officer, personal representative, guardian, or other representative, in the
capacity stated in a record; - An agent or attorney-in-fact for a principal; or
- An authorized representative of another in any other capacity
Non-attorney applicant
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
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
a notary public or other individual authorized by law to perform a
notarial act
Notary public
an individual commissioned by the State Treasurer to perform a notarial
act
Official stamp
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
includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals
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
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
a tangible symbol or an electronic signature that evidences the signing of a
record
Stamping device
- A physical device capable of affixing to or embossing on a tangible record an official
stamp; or - An electronic device or process capable of attaching to or logically associating with an
electronic record an official stamp
State
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
a declaration, made by an individual on oath or
affirmation before a notarial officer, that a statement in a record is true
Eligibility Criteria
A person commissioned as a notary public in this State shall be at the time of appointment
- Be at least 18 years of age;
- Be a legal resident of this State or have a place of employment or practice in this State;
and - 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
Prohibition 1
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
Prohibition 2
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.
Prohibition 3
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.
