NJ Notary Exam Flashcards

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.