Mixed Deck — All NJ NOTARY Topics Flashcards

Under New Jersey law, may a notary public administer an oath by telephone?

Answer: No, because oaths require the physical or remote audio-visual presence of the signer

Telephone administration of oaths is not authorized in NJ. The signer must be physically present or, for RON, present via audio-visual technology — not by telephone alone.

A mobile notary travels to a client's office. The notary performs two jurats and takes one acknowledgment. The notary and client agreed beforehand on a $40 travel fee. What is the total maximum amount the notary can legally charge the client?

Answer: $47.50

The maximum fee for each notarial act (jurat or acknowledgment) is $2.50. Three acts total $7.50 (3 x $2.50). Travel fees are not regulated by statute and are agreed upon separately between the notary and the client. Therefore, the total charge is the sum of the notarial fees and the travel fee: $7.50 + $40.00 = $47.50.

Which statement about E&O insurance coverage limits for NJ notaries is most accurate?

Answer: Coverage limits are set by the individual notary when purchasing the policy

Because E&O insurance is not mandated by New Jersey law, there are no statutory coverage minimums; the notary selects the coverage limit that best suits their practice and risk exposure.

A New Jersey notary public who discovers they made an error in a previously completed notarial certificate should:

Answer: Contact the document principals and take appropriate corrective steps

When an error is discovered, the notary should contact the relevant parties and follow proper procedures for correction, which may include re-performing the notarial act with a corrected certificate.

Which of the following is NOT a notarial act a New Jersey notarial officer is authorized to perform?

Answer: Giving legal advice on the document being notarized

A New Jersey notary public who is not a licensed attorney is strictly prohibited from giving legal advice. This constitutes the unauthorized practice of law. Authorized notarial acts include taking acknowledgments, administering oaths, taking verifications, witnessing signatures, and certifying copies.

Which of the following actions constitutes the unauthorized practice of law by a New Jersey notary?

Answer: Recommending that a signer use a jurat instead of an acknowledgment for their document.

A notary public who is not an attorney is strictly prohibited from giving legal advice. Recommending a specific notarial certificate, such as a jurat over an acknowledgment, constitutes giving legal advice because it involves interpreting the needs of the document and the legal effect of the certificate. Notaries may only explain the features of the different notarial acts, but the signer must choose.

When a credible witness is used to identify a signer, what information regarding the witness must the New Jersey notary record in their journal?

Answer: The witness's signature, printed name, and address.

The New Jersey Notary Public Manual requires that for each notarial act, the journal entry must include the signature, printed name, and address of each signer, and if applicable, each witness. This creates a clear and complete record of who identified the signer.

Which of the following describes a notary public's duty when a signer requests the notary to backdate a notarial certificate?

Answer: The notary must refuse, as backdating is prohibited

Backdating a notarial certificate is fraudulent and prohibited. A notary must refuse any request to use a date other than the actual date of the notarial act.

A client in New Jersey asks a notary to expedite a notarization appointment and offers to pay $50 for 'rush service.' The notary accepts. Is this lawful?

Answer: No, accepting $50 for a notarial act exceeds the maximum allowable fee

No surcharge, rush fee, or add-on can bring the total charge for a notarial act above $2.50. Accepting $50 for performing a notarial act violates the fee cap regardless of what it is called.

A new notary in New Jersey asks why the state requires a surety bond rather than just relying on the threat of criminal prosecution to deter misconduct. What is the best answer?

Answer: The surety bond provides a direct financial remedy for harmed individuals without requiring a criminal conviction

The surety bond ensures that members of the public have a practical financial remedy available to them when harmed, independent of any criminal or civil court proceedings against the notary.

When a New Jersey notary charges a fee, what must they do according to state regulations?

Answer: Post a schedule of fees conspicuously visible to clients

New Jersey notaries who charge fees must post a schedule of fees in a location visible to clients seeking notarial services.

Who is the appointing authority that issues the five-year commission for a New Jersey Notary Public?

Answer: The State Treasurer

The State Treasurer is responsible for appointing and commissioning Notaries Public in New Jersey for a five-year term.

A New Jersey notary performing RON must retain the audio-visual recording of the session for:

Answer: 10 years

New Jersey RON regulations require audio-visual recordings of remote notarization sessions to be retained for a minimum of 10 years.

A New Jersey notary performs a remote online notarization. What is the legally mandated retention period for the audio-visual recording of this notarial act?

Answer: 10 years

New Jersey's remote notarization law requires the notary public to create and retain an audio-visual recording of the entire notarial act. This recording must be kept for a minimum of 10 years after the recording is made, unless a different period is established by the State Treasurer.

Under New Jersey law, a document notarized via RON by a New Jersey notary is deemed to have been notarized in which state?

Answer: The state of New Jersey, where the notary was located

Under NJ RON law, the notarial act is deemed to occur in New Jersey — where the notary is located — regardless of where the signer is physically present.

An applicant has successfully passed the New Jersey Notary Public exam and received their Commission Certificate from the State Treasurer. What is the final, critical step they must complete within 90 days to be fully commissioned?

Answer: Take the oath of office at the County Clerk's office in their county of residence.

After receiving the Notary Commission Certificate, the applicant has 90 days from the date of issuance to appear in person at the County Clerk's office of their residing county to be sworn in by taking the oath of office. Failure to do so within the 90-day timeframe voids the commission.

How long must a New Jersey notary retain their notarial journal if they voluntarily choose to maintain one?

Answer: 10 years after the last entry

Although maintaining a notarial journal is not universally mandated in NJ for all notaries, when kept, best practices and certain regulatory guidance recommend retaining the journal for at least 10 years.

When a credible witness is used to identify a document signer in New Jersey, the credible witness must:

Answer: Be personally known to the notary OR present satisfactory ID to the notary

A credible witness must either be personally known to the notary or present satisfactory identification to the notary, and must personally know the signer.

What should a New Jersey Notary Public do if a signer appears to be under duress or not acting of their own free will?

Answer: Refuse to notarize the document

A New Jersey Notary Public must refuse to notarize a document if the signer appears to be under duress or not acting of their own free will. Ensuring the signer's free will and understanding is a core responsibility of the notary. Notarizing under such circumstances would compromise the validity of the document and could facilitate coercion or fraud.

What is the primary duty of a New Jersey Notary Public regarding ethical conduct?

Answer: To uphold the law

The primary duty of a New Jersey Notary Public regarding ethical conduct is to uphold the law. Notaries are public officials entrusted with preventing fraud and ensuring the integrity of documents, which requires strict adherence to all state statutes and regulations governing their office. This overarching responsibility guides all their actions and decisions.