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Become A Notary Public

Posted on Author By Francis J. McGovern, Jr., Esquire

Managers Who Are Notaries Help Their Associations
A Notary Public witnesses the signing of documents and acknowledgement of signatures. Too
often, assessment liens, resolutions and governing document amendments are approved and
signed, but no notary is readily available. This delays the recording of these documents and
sometimes results in increased attorney fees. Managers who become notaries can expedite the
recording process by notarizing the required signatures immediately instead of the signers having
to go to a bank or an attorney’s office.

Becoming a Notary is Easy and Cheap
Becoming a notary is easy and cheap. The Department of Treasury’s Notary Public page:
http://www.state.nj.us/treasury/revenue/dcr/programs/notary.shtml contains an overview of
Notary Public requirements. Most importantly, this page contains an Online Notary Application
link that allows you to apply and pay the fee online. The fee is only $30 and the cost for the
stamp and notary journal is only about $25.

Completing the application only takes about fifteen minutes. Once the application is completed,
it will be submitted to your local representative for approval. Within 90 days from when you
receive the approval package, you must go to the County Clerk’s office in your County and be
sworn in. It’s that simple.

McGovern Legal Services, LLC is currently offering Notary Public seminars to management
company employees to assist them in becoming New Jersey Notaries. Please contact us for
information or to arrange a seminar at your company.

Notarizing Documents Remotely

Posted on Author By Francis J. McGovern, Jr., Esquire

On April 14, 2020, Governor Murphy signed Assembly Bill 3903 into law. The text of the Bill may be reached by clicking here: https://www.njleg.state.nj.us/2020/Bills/A4000/3903_R1.PDF  The new law provides for notarizing documents remotely during the public health emergency and state of emergency.

Among other things, notaries confirm from personal knowledge or from satisfactory evidence that the person appearing before them is the person whose true signature is on the document. In New Jersey and certain other states, lawyers may also acknowledge documents.

Although it is easy to become a New Jersey notary. Acknowledging documents and performing the other duties of a notary is serious business. In his article Signed, Sealed, Delivered…Disbarred – Notarial Misconduct by Attorneys, available by clicking here: https://repository.jmls.edu/cgi/viewcontent.cgi?article=1644&context=lawreview   Christopher B. Young surveyed improper notary practices by attorneys and the sanctions that followed such activity.  31 J. Marshall L. Rev.1085 (1998). In especially egregious cases attorney discipline has been severe.

Mr. Young’s article, highlights instances where lawyers attempted to defend themselves by claiming that it was common practice for attorneys to have notaries notarize clients’ signatures without the client being present, such arguments were rejected. A quick review of New Jersey Attorney Disciplinary Decisions reveals that the New Jersey Supreme Court has reprimanded at least two New Jersey attorneys for execution of improper acknowledgments.

The above being said, notary duties must be taken seriously and the new law, in sum provides:

During the public health emergency, except with respect to the exceptions in the law, notaries may take acknowledgements remotely via communication technology that allows the individuals to communicate with each other via sight and sound if:

  1. The notary has (a) personal knowledge of the identity of the person appearing, (b) has evidence by oath via a credible witness also appearing before the notary or (c) has obtained satisfactory evidence of the identity of the remote-located individual by using at least two different types of required identity proofing and
  2. The notary is reasonably able to confirm that the document before the notary is the same document on which the remotely located person executed a signature and
  3. The notary creates and maintains for ten years an audio-visual recording of the performance of the actions required.

Further, the acknowledgement shall state that the document was notarized using communication technology. Consult your lawyer for details. This law helps during the crisis, but the process must be followed.