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What is a Notary Public?
An impartial witness to signing of documentation to ensure acknowledgment of signatures. They may also administer oaths and affirmations.
Who appoints a notary?
The State Treasurer
List all the activities a Notary Public is empowered to do?
Administer Oaths/Affirmations, Take Acknowledgments, Execute Jurats, Take proofs of deeds, Execute protests for non-payment or non-acceptance.
How long is a notary appointed for?
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What are the prerequisites for a Notary Public of New Jersey?
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What is an Oath?
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What is an Affirmation?
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How much may you charge for an Oath or Affirmation?
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What is an example of an Oath?
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What is an example of an Affirmation?
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How can an oath and affirmation be formalized?
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What does an acknowledgment formally document?
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What are the requirements for taking an acknowledgment?
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What must a journal entry include?
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What is proof of execution?
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What is a Jurat?
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What is the charge for a Jurat?
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What are the Notary procedures for a Jurat?
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What is a protest for Non-Payment/Non-Acceptance?
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What are the requirements for executing a protest?
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What is a Notary prohibited from doing?
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What are any liabilities associated with the office of Notary Public?
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What are the fees for Notary services?
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What is required for a change of name and/or address?
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Can you receive a duplicate commission?
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Study Notes
Notary Public Definition and Role
- A Notary Public serves as an impartial witness during the signing of documents, ensuring proper acknowledgment of signatures.
- Additionally, Notaries can administer oaths and affirmations.
Appointment and Term
- Notaries are appointed by the State Treasurer.
- The term of appointment lasts for five years.
Activities Empowered to Notaries
- Administer oaths and affirmations.
- Take acknowledgments of signatures.
- Execute jurats.
- Take proofs of deeds.
- Execute protests for non-payment or non-acceptance.
Prerequisites for Notary Public in New Jersey
- Must be a resident of New Jersey or employed within the state.
- Minimum age of 18 years.
- No prior convictions for crimes involving dishonesty or serious offenses.
Oaths and Affirmations
- An oath is a verbal pledge made before a Notary for the truthfulness of statements or duties.
- An affirmation can be made if a person has objections to taking an oath.
Fees for Notary Services
- Maximum charge for an Oath or Affirmation: $2.50.
- No fee for swearing in individuals.
- Jurat execution fee: $1.00.
Formalization of Oaths and Affirmations
- Oaths and affirmations can be formalized by raising the right hand or placing it on a holy book.
Acknowledgments
- Acknowledgment confirms the signer appeared before the Notary and was positively identified.
- The signer must acknowledge their signature willingly.
Requirements for Taking an Acknowledgment
- Signer must present at least one form of ID with a physical description (e.g., driver’s license).
- The document must be completed; blanks require a mark or strike through.
- The signer must understand the document and sign willingly.
- A journal entry must be made, including a statutory fee of $2.50.
Journal Entry Components
- Date and time of the Notary Act.
- Type of Act performed (e.g., acknowledgment).
- Title of the document and date it was signed.
- Signatures and addresses of all signers and witnesses.
- Record of ID forms.
Proof of Execution
- Involves a witness who knows the signer when the signer cannot appear in person.
- The witness must also take an Oath or Affirmation before the Notary.
Understanding Jurats
- A Jurat is a certificate indicating the signer took an oath or affirmation regarding the truthfulness of the document.
- Charges for a jurat are $1.00.
Notary Procedures for a Jurat
- Signer should present ID to the Notary, with oaths administered at signing.
- Make an entry in the journal and charge the fee of $1.00.
Protests for Non-Payment or Non-Acceptance
- A formal declaration by the Notary recording refusal of acceptance or payment of a bill or note.
Requirements for Executing a Protest
- Identify the involved instrument (note or bill).
- Certify prior notice of payment.
- Document dishonor of the instrument and individuals involved.
- Sign, date, and stamp, along with a journal entry.
Prohibitions for Notaries
- Notaries cannot pre-date actions or lend their notary tools.
- Cannot prepare legal documents or provide legal advice.
- Must not engage in personal business involving interest in notarized documents.
Liabilities and Legal Violations
- Willful violations or fraud may result in the removal of the Notary Public.
Fees for Services Summary
- Administering Oath/Affirmation: $2.50.
- Executing a Jurat: $1.00.
- Taking proof of a deed: $2.50.
- Taking an acknowledgment: $2.50.
Changes in Commission
- Any change of name or address requires submission to the State Treasury.
- Duplicate commissions can be requested from the county clerk's office.
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Description
Explore the essential functions and responsibilities of a Notary Public. This quiz covers the definitions, appointment processes, activities, and prerequisites for becoming a Notary Public in New Jersey. Test your knowledge and understanding of this vital legal role.