Governor Murphy Signs Law Allowing Remote Notarization

Authored by: Jennifer B. Barr, Esq.

On April 14, 2020, Governor Murphy signed A-3903/S-2336 authorizing remote notarization.  This law is effective immediately and will continue throughout the Public Health Emergency and State of Emergency declared by Governor Murphy in Executive Order 103.

During this emergency period, a notary public or authorized officer  may perform notarial acts using communication technology for a remotely located individual if:

  1. The notary or officer has personal knowledge of the remotely located person, or has satisfactory evidence of the remote person’s identification (i.e. a credible witness affirming the individual’s identity, or by seeing two different types of the individual’s government-issued identification),
  2. The notary or officer can reasonably confirm that record before the notary or officer is same as what is being signed, and
  3. The notary or officer creates an audio-visual recording of the notarial act.

This law allows certain officers to perform remote notarial acts utilizing the same procedure as notaries public.  The officers authorized under this law include judges, clerks of courts, member of county boards of chosen freeholders, county surrogates, county sheriffs, mayors/aldermen/commissioners, municipal clerks, members of the State Legislature, attorneys, and certified court reports, among others.

Communication technology must allow the notary or officer and the remotely-located individual to communicate with each other simultaneously by sight and sound.

The notary or officer must indicate that the notarial act was performed remotely.

The recording of the notarial act must be retained by the notary or officer or the notary’s or officer’s agent for 10 years.

An individual may comply with RS 46:14-2.1 (making deeds, proving deeds) by appearing via communication technology before notary public or officer.

The following documents cannot be remotely notarized:

  • Family law documents (divorce, adoption, and other family law matters)
  • Some documents under the UCC (but sales documents and leases may be remotely notarized)

The individual may be in a different state than the notary or officer, and can be located in a foreign country with certain additional requirements.

The State Treasurer may adopt rules to implement the provision of this section of the  Notary Act, including standard for communication technology and identity proofing as well as standards for retaining recordings. Because of this, it is best to check the State Treasurer’s web site to ensure compliance with any additional regulations. The State Treasurer’s website is:  https://nj.gov/treasury/

For a copy of the signed legislation, click here: https://www.njleg.state.nj.us/2020/Bills/A4000/3903_R1.PDF

Our blogs about recent developments are not intended to substitute for our legal advice to our clients based on your specific needs or requests. In addition, our guidance is subject to, and can be superseded by new laws, rules, regulations, or orders. Moreover, some directives from the Federal and State authorities can appear, and can be, contradictory or in conflict, so please contact us for assistance. 

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