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Notary Public Manual
State of New Jersey
New Jersey Department
Notaries Public Manual
GENERAL INFORMATION
A Notary
A notary public is a public officer whose function is to administer oaths and attest
and certify by his hand and official seal certain classes of documents, in order to
give them authenticity in foreign jurisdictions, to take acknowledgements of
deeds and other conveyances and certify them, and to perform certain official
acts, chiefly in commercial matters, such as protesting of notes and bills and the
notary of foreign drafts.
Appointment
A notary public is appointed by the Secretary of State and commissioned by the
Governor for a five-year term. He may be removed from office at the pleasure of
the Governor.
Age
A notary public must be 18 years of age or older.
Residency
A notary public must be a resident of New Jersey or a resident of an adjoining
state who is regularly employed in New Jersey.
Jurisdiction
A notary public who has been duly commissioned and qualified is authorized to
perform his duties throughout the State of New Jersey.
PROCEDURE TO BECOME A NOTARY PUBLIC
Obtain and complete a notary application form. Send the completed and
endorsed application with a fee of $25.00 to Notary Public Section, Department
of State, CN 308, Trenton, NJ 08625.
The approved commission will be returned with the Notary Public Commission
Certificate (LD.) and the Otah Qualification Certificate.
You must take the Notary Public Commission Certificate and the Oath
Qualification Crtificate to the Clerk of the County in which you live within 90 days
of the date of commission. Failure to do so will result in cancellation of
appointment.
The County Clerk will administer the Oath and return the certificate to the
Department of State for filing.
Re-application: follow same procedure.
Change of Name
Whenever a notary public adopts a name different from that which he used at the
time he was commissioned, prior to signing any document he must notify the
Secretary of State and his County Clerk of the change on a form furnished by the
Secretary of State.
FUNCTIONS OF A NOTARY
Your commission as Notary Public permits you to do three things only: certify an
oath or affidavit, execute an acknowledgement to a deed, mortage or other
similar paper, and execute a certificate of protest when a negotiable instrument
such as a check or promissory note has not been paid at the time and place
designated on the instrument. Always require proper identification. The signature
you are notarizing must be written in your presence. Include the date, the
statement that the document was sworn and subscribed before you and the date
when your commission expires.
Regardless of whether or not you charge for the service, you are prohibited from
preparing a legal instrument, advising on the validity of land titles: acting for
others in the collection of delinquent bills or claims: appearing in court or other
agency as a representative for another person, or giving advice on legal matters.
Fees Charged By Notary
For Administering an oath or taking an
affidavit...
$0.50
For taking Proof of a Deed...
$1.00
For taking all acknowledgements...
$1.00
Charges of the Department of State
Notary Public Commission...
$25.00
Change of Name...
$5.00
Certificate of Good Standing...
$5.00
Duplicate Commission...
$1.00
NOTARIES PUBLIC ACT OF 1979 N.J.S.A. 52:7-10 to 52:7-21
1. This act shall be known and may be cited as the "Notaries Public Act of 1979."
2.a. The Secretary of State shall appoint so many notaries public as the
Governor shall deem necessary to commission, who shall hold their respective
offices for the term of 5 years, but may be removed from office at the pleasure of
the Governor.
b. A person desiring to be appointed and commissioned a notary public shall
make application to the Secretary of State on a form prescribed by him and
endorsed by a member of the Legislature or the Secretary of State or Assistant
Secretary of State. Renewals thereof shall be made in the same manner as the
original application.
3. No person shall be appointed a notary public unless he is 18 years of age or
older.
4. No personal shall be denied appointed as a notary public on account of
residence outside of the State, provided such person resides in a State adjoining
this State and maintains, or is regularly employed in an office in this State. Before
any such nonresident shall be appointed and commissioned as a notary public,
he shall file with the Secretary of State an affidavit setting forth his residence and
the address of his office or place of employment in this State. Any such
nonresident notary public shall file with the Secretary of State a certificate
showing any change of residence or of his office or place of employment in this
State.
