Notary Public Qualifications, Appointment, and Commissioning
Who may be commissioned
A New Jersey notary applicant must be at least 18 years old, a legal resident of the United States, and a resident of New Jersey or an attorney licensed to practice in New Jersey who maintains a law office in the state. The application is filed with the Secretary of State (Division of Revenue and Enterprise Services). Since the 2021 law change, applicants must complete a required course and pass an examination, and must obtain a criminal history background check, before the commission issues.
The commission and its term
A notary commission runs five years. The notary takes an oath of office and files it with the county clerk before performing any notarial act. A notary may hold commissions in more than one state, but a New Jersey commission must be exercised within the state's borders for tangible records; the law now also permits notarizing for out-of-state transactions in limited circumstances. Know the difference between the application (Secretary of State) and the oath of office (county clerk) - questions love to swap these two offices.
Renewal and reapplication
A notary must be commissioned before performing acts; acting after expiration is a violation. A commission is not transferable, and a notary who moves must update the address of record. Notaries may also apply for an electronic notary commission, which requires additional registration and the use of approved technology.
Traps to watch
- Residency: U.S. legal residency plus NJ residency or the attorney exception - not just "NJ resident."
- Age: 18, not 21.
- Term: five years, not four.
- The oath is filed with the county clerk, not the Secretary of State.
Rule of thumb: Application → Secretary of State; Oath → County Clerk; Term → five years.