Notary Public Basics
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Notary Public Basics

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Questions and Answers

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?

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

What are the prerequisites for a Notary Public of New Jersey?

<p>Must be resident of New Jersey and/or maintains an employment within the state, Must be 18 years or older, Must not have been convicted of a crime or committed an offense involving dishonesty or crime for first or second degree.</p> Signup and view all the answers

What is an Oath?

<p>An oath is a spoken pledge given by a person appearing before the Notary regarding the truthfulness of specific statements.</p> Signup and view all the answers

What is an Affirmation?

<p>Affirmation may be given if a person has conscientious objections against taking an oath.</p> Signup and view all the answers

How much may you charge for an Oath or Affirmation?

<p>$2.50</p> Signup and view all the answers

What is an example of an Oath?

<p>&quot;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?&quot;</p> Signup and view all the answers

What is an example of an Affirmation?

<p>&quot;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?&quot;</p> Signup and view all the answers

How can an oath and affirmation be formalized?

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

What does an acknowledgment formally document?

<p>That the signer of a document appeared before the Notary, that the Notary positively identified the signer, and that the signer acknowledges the signature willingly.</p> Signup and view all the answers

What are the requirements for taking an acknowledgment?

<p>Ensures signer appears before them with at least one form of ID, ensures that the document is filled in completely, ensures that the signer understands the title and is signing willingly and freely, must make a journal entry, charge the statutory fee.</p> Signup and view all the answers

What must a journal entry include?

<p>Date and time of Notary Act, type of act, title of document, date document was signed, signature (printed name and address of each signer and witness), form of ID.</p> Signup and view all the answers

What is proof of execution?

<p>When a signer cannot be present, a witness must watch the signer and also sign the document, then take an oath or affirmation before the notary.</p> Signup and view all the answers

What is a Jurat?

<p>Certificate of office or person before whom writing was sworn, completed during an affidavit.</p> Signup and view all the answers

What is the charge for a Jurat?

<p>$1.00</p> Signup and view all the answers

What are the Notary procedures for a Jurat?

<p>Ensures signer appears before Notary with ID, administer an oath/affirmation, sign date and stamp, make a journal entry, charge $1.00 fee.</p> Signup and view all the answers

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

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

What are the requirements for executing a protest?

<p>Identify the instrument involved, certify that due notice of payment has been made, certify that instrument has been dishonored, note individuals to whom presentment was made, sign date and stamp, make the journal entry.</p> Signup and view all the answers

What is a Notary prohibited from doing?

<p>Never predate an action, lend equipment to another individual, prepare legal documents, appear as a representative in legal proceedings.</p> Signup and view all the answers

What are any liabilities associated with the office of Notary Public?

<p>Willful violations such as fraud may lead to removal from the office.</p> Signup and view all the answers

What are the fees for Notary services?

<p>Administering an Oath/Affirmation ($2.50), Executing a Jurat ($1.00), Taking proof of a deed ($2.50), Taking an Acknowledgment ($2.50).</p> Signup and view all the answers

What is required for a change of name and/or address?

<p>Form must be submitted to the State Treasury.</p> Signup and view all the answers

Can you receive a duplicate commission?

<p>True</p> Signup and view all the answers

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.
  • 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.

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