NJ Notary Exam Flashcards
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Questions and Answers

What is an example of an Oath?

Do you swear that the information you presented in this document entitled, 'ABC', which you have signed before me, is the truth, so help you God?

How much do you charge for an Oath of Affirmation?

$2.50 with no fee for swearing in a person.

What is an Affirmation?

May be given if a person has conscientious objections against taking an oath.

What is an Oath?

<p>An Oath is a spoken pledge, given by a person appearing before the Notary for truthfulness of specific statements and/or performance of a duty.</p> Signup and view all the answers

What are the prerequisites for a Notary Public of NJ?

<p>Must be a NJ resident or maintain employment, 18 years of age or older, must be clean of any convictions.</p> Signup and view all the answers

How long is a Notary appointed for?

<p>5 years.</p> Signup and view all the answers

Who appoints a Notary?

<p>State Treasurer.</p> Signup and view all the answers

What is a Notary?

<p>An impartial witness to a signing documents who must also administer Oaths/Affirmations.</p> Signup and view all the answers

List all activities a Notary Public is empowered to do.

<p>Administer Oaths/Affirmations, Take Acknowledgments, Execute Jurats, Take proofs of deeds, Execute protests for non-payment or non-acceptance.</p> Signup and view all the answers

Requirements for taking an Acknowledgment?

<p>Ensures signer appears before them with 1 form of ID, documents are filled out completely, ensures signer understands the title, signed, dated &amp; stamped, journal entry, charge $2.50.</p> Signup and view all the answers

What is a protest for Non-Payment or Non-Acceptance?

<p>A declaration made by the Notary on behalf of the holder of a bill/note that payment has been refused.</p> Signup and view all the answers

What are forms of satisfactory identification for a remote individual?

<p>Visually verifies a proof of identity document, dynamic knowledge-based authentication, biometric identity verification, digital public key certificate issued by a 3rd party.</p> Signup and view all the answers

What is a Jurat?

<p>Certificate of an office or person who is being sworn in, completed during an Affidavit, must be signed before a Notary, signer takes an Oath/Affirmation.</p> Signup and view all the answers

What does an acknowledgment formally document?

<p>That the signer appeared before the Notary, positively identified by the Notary, acknowledges that the signature is theirs and they signed willingly.</p> Signup and view all the answers

How can an Oath/Affirmation be formalized?

<p>By raising the right hand and/or placing it on a holy bible.</p> Signup and view all the answers

List the requirements to administer an Oath Remotely.

<p>Identify the remote location with satisfactory ID, create audio/visual recording, keep a copy for 10 years, indicate the act was done by technology.</p> Signup and view all the answers

What must a Notary do before an electronic notarization is performed?

<p>Notify the State Treasurer electronically.</p> Signup and view all the answers

What must a Journal Entry include?

<p>Date/Time of Notary Act, Type of Act, Title of Document, Date of Document signed, Signature (printed name/address of each signer), form of ID.</p> Signup and view all the answers

What is Proof of Execution?

<p>When a signer can't be in front of a Notary, a witness who knows the signer will sign the document, and the witness must also take an Oath/Affirmation in front of the Notary.</p> Signup and view all the answers

What are Notary procedures of Jurat?

<p>Ensure signer appears with ID, administer Oath/Affirmation, sign, date &amp; stamp, make a journal entry, charge $1.00.</p> Signup and view all the answers

What is an example of an Affirmation?

<p>Do you solemnly affirm that the information presented in this document entitled 'ABC', which you have signed before me, is the truth under penalty of perjury?</p> Signup and view all the answers

What is the Date of Effectiveness?

<p>The date the declaration was signed by the individual who is in the remote area.</p> Signup and view all the answers

What are satisfactory forms of ID?

<p>Personal knowledge, documents like passport, driver's license, government-issued ID, non-driver's license, verification of oath or affirmation.</p> Signup and view all the answers

What actions are not allowed for a notary?

<p>Cannot notarize anything for myself or spouse, cannot call myself a Lawyer.</p> Signup and view all the answers

What is the criteria for refusal?

<p>Individual executing the record is competent, signature knowingly &amp; voluntarily made, signature conforms to ID, physical appearance conforms to the photo.</p> Signup and view all the answers

What is the requirement for a journal?

<p>Create/maintain either tangible or electronic, one journal at a time for chronological order, tangible must be permanent and bound, electronic must be permanent and tamper-evident.</p> Signup and view all the answers

What does a Notary title include?

<p>'Notary Public, State of NJ' and the notary commission expiration date.</p> Signup and view all the answers

What are the Certificate Requirements?

<p>Executed by a Notarial Act, signed and dated by Notary, identify jurisdiction where notary act is performed, contain the title of office, note expiration date.</p> Signup and view all the answers

What is a Representative Capacity?

<p>Acting as agent, partner, trustee for someone other than the individual, public office, guardian, or authorized personnel.</p> Signup and view all the answers

What is an acknowledgment?

<p>Declaration by an individual before a Notary that the individual signed a document.</p> Signup and view all the answers

What is Scope of Authority?

<p>A notary who is duly commissioned and qualified to perform a duty.</p> Signup and view all the answers

What do you do for the individual who is remote?

<p>Audio/visual of them signing the record, make a declaration about the record, print and sign name, send the record and declaration to notary within 3 days.</p> Signup and view all the answers

What does the Notary do when the individual is remote?

<p>Records the individual signing and declaring, after receipt of record &amp; declaration executes certificate and provides the stamp, includes declaration on witnessing the signing process.</p> Signup and view all the answers

Study Notes

Oaths and Affirmations

  • An Oath is a spoken pledge confirming truthfulness before a Notary.
  • An Affirmation serves as a declaration for individuals with conscientious objections to taking oaths.
  • Example of an Oath: "Do you swear that the information you presented in this document entitled, 'ABC', is the truth, so help you God?"

Notary Public Overview

  • A Notary Public in NJ must be a resident or maintain employment in the state and be at least 18 years old with no felony convictions.
  • Appointed by the State Treasurer for a term of 5 years.
  • Acts as an impartial witness during document signings and must administer oaths and affirmations.

Notarial Functions

  • Authorized to perform:
    • Administer Oaths and Affirmations
    • Take Acknowledgments
    • Execute Jurats
    • Take proofs of deeds
    • Execute protests for non-payment or non-acceptance

Acknowledgments and Jurats

  • An Acknowledgment confirms that a signer appeared before the Notary and acknowledges their signature was made willingly.
  • A Jurat entails a sworn statement usually executed within an affidavit, requiring the signer to take an Oath or Affirmation.

Identification and Notarization Requirements

  • Notary must ensure the signer presents identification (ID) before notarization.
  • Remote notarizations require satisfactory ID verification, audio/visual recording, and must retain the recording for 10 years.
  • Fees for actions like taking an acknowledgment or a jurat are typically $2.50 and $1.00 respectively.

Journal and Documentation

  • A Notary is legally required to maintain a journal for all notarial acts, documenting the date, type of act, title of the document, ID of the signer, and signatures.
  • Notarial certificates must be properly executed and identify the jurisdiction in which the act was performed.

Limitations and Refusal Criteria

  • Notaries cannot notarize documents for themselves or their spouses and cannot represent themselves as lawyers.
  • Refusal criteria for notarization include the competence of the individual, voluntary signature, and compliance with ID verification.

Additional Concepts

  • Proof of Execution applies in cases where a signer is not present, utilizing a witness who signs on behalf of the signer.
  • Representative Capacity refers to acting on behalf of another individual in various roles such as agent, trustee, or attorney-in-fact.
  • The Notary title must include "Notary Public, State of NJ" along with the commission expiration date.
  • The Scope of Authority defines the duties a duly commissioned Notary is authorized to perform.

Remote Notarization Process

  • For remote notarization, the Notary records the individual signing and their declaration, executes the certificate upon receipt, and includes a declaration of witnessing via technology.

This comprehensive overview will aid in understanding the responsibilities and procedures involved for a Notary Public in New Jersey.

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Prepare for the NJ Notary Exam with these flashcards. Each card provides essential definitions and examples related to notary practices, including oaths, affirmations, and related fees. Enhance your understanding and improve your chances of passing the exam.

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