NJ Notary Duties and Responsibilities 2 — Questions and Answers
Question 1: Under the New Jersey Notary Public Act, what is the primary duty of a notary public when performing a notarial act?
- To provide legal advice to the signer
- To verify the identity of the signer and ensure willingness and awareness (Correct answer)
- To guarantee the accuracy of the document's content
- To witness the signing without any verification
Correct answer: To verify the identity of the signer and ensure willingness and awareness
A notary's primary duty is to verify the identity of the signer and confirm the signer is willing and aware of what they are signing. The notary does not guarantee document content or provide legal advice.
Under N.J.S.A. 52:7-10, a notary public must verify the identity of each signer using satisfactory evidence of identity. The notary must also confirm the signer appears willing and aware (not under duress or incapacitated). The notary is not responsible for the content accuracy of the document and cannot provide legal advice.
Question 2: Which of the following is a notary public in New Jersey required to do before performing a notarial act?
- Require payment in advance
- Confirm the document is legally valid
- Require personal appearance of the signer (Correct answer)
- File a copy of the document with the state
Correct answer: Require personal appearance of the signer
New Jersey notaries must require the personal appearance of the signer at the time of the notarial act, unless performing remote online notarization.
N.J.S.A. 52:7-10 requires that signers personally appear before the notary at the time of the notarial act. For traditional notarizations this means in-person presence. For Remote Online Notarization (RON), the signer appears via audio-visual technology. The notary is not required to validate the document's legality or file copies with the state.
Question 3: A New Jersey notary is asked to notarize a document for a person who appears visibly intoxicated. What should the notary do?
- Proceed with the notarization if the ID is valid
- Notarize the document and note the condition in the journal
- Refuse to perform the notarial act (Correct answer)
- Call law enforcement before proceeding
Correct answer: Refuse to perform the notarial act
A notary must refuse to notarize if the signer appears incapacitated or unable to understand what they are signing. Intoxication calls awareness into question.
Under the New Jersey Notary Public Act, notaries must ensure signers are aware of what they are signing and acting voluntarily. Visible intoxication raises serious doubt about the signer's awareness and capacity. The notary must refuse the notarial act until the person is in a fit state. Proceeding would expose the notary to liability and potential disciplinary action.
Question 4: What is a notary public in New Jersey NOT authorized to do?
- Administer oaths
- Certify copies of documents
- Practice law or give legal advice (Correct answer)
- Witness signatures
Correct answer: Practice law or give legal advice
Unless the notary is also a licensed attorney, they may not practice law or give legal advice. This is strictly prohibited for non-attorney notaries.
New Jersey notaries are authorized to take acknowledgments, administer oaths and affirmations, witness signatures, certify copies, and perform other notarial acts. However, they are prohibited from practicing law or providing legal advice unless they hold a New Jersey law license. Giving legal advice as a non-attorney notary constitutes unauthorized practice of law and is a criminal offense.
Question 5: Under New Jersey law, a notary public who charges fees for notarial services must:
- Post a fee schedule visible to clients (Correct answer)
- Charge the state-mandated minimum fee
- Provide receipts for every transaction
- Only collect payment after the act is complete
Correct answer: Post a fee schedule visible to clients
New Jersey notaries who charge fees must display a fee schedule that is visible and accessible to clients.
New Jersey regulations require notaries who charge for their services to post their fee schedule in a location visible to persons requesting notarial acts. This transparency requirement protects the public from unexpected charges. The fee schedule must include all fees charged for each type of notarial act.
Question 6: When a New Jersey notary performs a notarial act, which of the following best describes the notary's responsibility regarding the content of the document?
- The notary is fully responsible for document accuracy
- The notary certifies the document content is truthful
- The notary has no responsibility for document content (Correct answer)
- The notary must review and approve the document's terms
Correct answer: The notary has no responsibility for document content
A notary is responsible only for the notarial act itself, not the content, accuracy, or truthfulness of the document's substance.
New Jersey notaries certify the notarial act — identity of the signer, voluntary signing, and/or the oath — not the truthfulness or accuracy of the document's content. The signer bears responsibility for the document's substance. For example, in an acknowledgment, the notary confirms the signer appeared and acknowledged signing; the notary does not verify the facts stated in the document.
NJ Notary Duties and Responsibilities 2
Under the New Jersey Notary Public Act, what is the primary duty of a notary public when performing a notarial act?