NJ Notary flashcards
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- Personal appearance requirement
- The signer must be physically present before the notary at the time of the act; remote appearance is permitted only where specifically authorized by law.
- Identity verification methods
- A notary verifies identity by personal knowledge or by satisfactory evidence, usually a government-issued photo identification card that is current and unexpired.
- Notary journal contents
- The journal records the date, type of notarial act, document description, signer name and address, and the identification presented by the signer.
- Non-delegable commission
- A notary commission is personal to the holder; no assistant or employee may perform notarial acts under another person's commission.
- Seal legibility rule
- Each notarial certificate must bear a legible seal or stamp; an illegible impression is corrected by applying a new, clear impression.
- Declining a notarial act
- A notary must refuse to act when the signer is unwilling, lacks awareness, is coerced, or is not physically present before the notary.
- Acknowledgment defined
- An acknowledgment certifies that the signer appeared, was identified, and acknowledged executing the document voluntarily for its stated purpose.
- Jurat defined
- A jurat certifies that the signer appeared, was identified, signed in the notary's presence, and swore or affirmed the contents of the document.
- Oath versus affirmation
- An oath is a vow invoking a deity; an affirmation is a solemn promise without religious reference; both have identical legal effect for notarial acts.
- Copy certification
- A copy certification states that a copy is a true and exact reproduction of an original; some jurisdictions prohibit certifying certain public or vital records.
- Signature witnessing
- Signature witnessing certifies that the signer appeared and signed in the notary's presence, without administering an oath or taking an acknowledgment.
- Certificate required elements
- A notarial certificate states the venue, date, notary name, commission expiration, and seal, along with the specific act performed.
- Correcting a certificate
- A notary may attach a loose certificate or correct certificate wording but must never alter the body of the underlying document.
- Venue statement
- The venue identifies the state and county where the notarial act occurred and appears at the top of the notarial certificate.
- Self-notarization prohibited
- A notary may not notarize their own signature or any document in which the notary is a party or holds a beneficial interest.
- Expired seal prohibition
- A notary may not perform notarial acts or apply a seal after the commission expires, is revoked, or is suspended.
- Blank certificate prohibition
- A notary may not notarize a document with a blank signature line or incomplete certificate; the signer must sign before the notary.
- Prohibited copy certifications
- A notary may not certify copies of public records, vital records, or other documents whose certification is barred by statute.
- Confidentiality duty
- A notary may not disclose information learned during a notarial act except as required by law, court order, or the signer's authorization.
- False certification offense
- Falsely certifying a notarial act or making a false statement on a certificate may constitute a criminal offense subject to fines or imprisonment.
- Fee cap rule
- A notary may not charge more than the statutory maximum fee per notarial act; charging less is permitted, charging more is prohibited.
- Capacity and coercion
- A notary must decline to act when the signer appears to lack capacity or is being coerced into signing the document.
- Eligibility requirements
- An applicant must meet statutory age, residency, and citizenship or legal-status requirements before submitting a notary application.
- Application components
- A notary application typically includes a completed form, an application fee, and proof of a surety bond in the statutory amount.
- Notary examination
- Where required, an applicant must pass a notary examination covering duties, procedures, and prohibited acts before being commissioned.
- Background check requirement
- Some commissioning authorities require fingerprinting or a criminal background check as part of the application process.
- Commission term and renewal
- A notary commission runs for a statutory term; the notary must apply for renewal before expiration to avoid a lapse in authority.
- Oath and bond filing
- After appointment, the notary must file an oath of office and the surety bond with the designated official within the statutory time period.
- Seal required elements
- The notary seal or stamp must contain statutory elements such as the notary's name, commission number, and commission expiration date.
- Statutory fee schedule
- Statutory maximum fees are fixed per notarial act by law; the notary may charge less but must disclose fees before performing the act.
- Surety bond purpose
- A surety bond protects the public against losses caused by a notary's misconduct; it does not insure the notary against personal liability.
- Commission jurisdiction
- A notary commission authorizes acts only within the commissioning state's borders unless the state has adopted interstate recognition provisions.