NJ Notary - New Jersey Notary Prohibited Acts and Misconduct Questions and Answers 1 — Questions and Answers
Question 1: A New Jersey notary is also a licensed real estate agent. They are handling a transaction where they will earn a commission upon closing. The notary is asked to notarize the seller's signature on the deed. Which of the following is the appropriate action for the notary to take?
- Notarize the signature but refuse to accept a notarial fee.
- Notarize the signature since they are acting in two different professional capacities.
- Refuse to notarize the document due to a direct beneficial interest. (Correct answer)
- Have the seller sign the document first, then complete the notarization after the commission has been paid.
Correct answer: Refuse to notarize the document due to a direct beneficial interest.
New Jersey law prohibits a notarial officer from performing a notarial act on a record in which the officer has a direct beneficial interest. Earning a real estate commission from the transaction constitutes a direct beneficial interest, creating a conflict of interest. The notary must refuse to perform the notarization.
Question 2: A notary public who is not an attorney advertises their services in a local Spanish-language newspaper. Which of the following is a mandatory requirement for their advertisement?
- The advertisement must list the statutory fees for all notarial acts.
- The advertisement must be printed in both English and Spanish.
- The advertisement must include their notary public commission number.
- The advertisement must contain a specific notice in Spanish stating they are not an attorney. (Correct answer)
Correct answer: The advertisement must contain a specific notice in Spanish stating they are not an attorney.
New Jersey law requires that a notary who advertises their services in any language must include a notice in that same language which states: "I am not an attorney licensed to practice law and may not give legal advice about immigration or any other legal matter or accept fees for legal advice." This is to prevent the unauthorized practice of law, especially avoiding the misconception of a "notario publico" having legal authority as they do in some other countries.
Question 3: Which of the following actions constitutes the unauthorized practice of law by a New Jersey notary?
- Explaining the steps involved in an acknowledgment.
- Recommending that a signer use a jurat instead of an acknowledgment for their document. (Correct answer)
- Refusing to notarize an incomplete document.
- Charging the maximum fee allowed by the State Treasurer for administering an oath.
Correct 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.
Question 4: A client brings a document to a notary that was signed and dated three days ago. The client asks the notary to backdate the notarial certificate to match the signature date. How must the notary proceed?
- Refuse to notarize the document entirely.
- Complete the notarial certificate using the current date. (Correct answer)
- Cross out the signature date and have the client re-date it to the current date.
- Use the date on the document as long as the client confirms they signed it on that day.
Correct answer: Complete the notarial certificate using the current date.
A notary public is strictly forbidden from pre-dating or backdating a notarial act. The date on the notarial certificate must be the actual date the signer personally appeared before the notary and the notarization was performed. The date the document was signed is separate and does not affect the date of the notarization.
Question 5: Under what circumstances is a New Jersey notary explicitly prohibited from notarizing a document for a family member?
- When the document is for a cousin and relates to a car title transfer.
- When the document is a permission slip for their child's school trip.
- When the document is a deed where the notary's spouse is the grantee. (Correct answer)
- When the document is an affidavit for their sibling with whom they do not reside.
Correct answer: When the document is a deed where the notary's spouse is the grantee.
New Jersey law specifies that a notarial officer may not perform a notarial act with respect to a record to which the officer's spouse or civil union partner is a party, or in which either of them has a direct beneficial interest. A deed where the spouse is the grantee (the person receiving the property) clearly makes the spouse a party to the record.
Question 6: Which of the following is a prohibited act for a New Jersey notary public?
- Charging a fee for travel in addition to the notarial fee.
- Lending their official stamp and journal to another commissioned notary to use. (Correct answer)
- Notarizing a document written in a language they do not understand.
- Performing a notarization for an out-of-state resident who is physically present in New Jersey.
Correct answer: Lending their official stamp and journal to another commissioned notary to use.
A notary's official stamp and journal are their exclusive tools of office and must never be shared or lent to anyone, not even another commissioned notary. The stamp and journal are personalized and linked to the specific notary's commission.
NJ Notary - New Jersey Notary Prohibited Acts and Misconduct Questions and Answers 1
A New Jersey notary is also a licensed real estate agent.
They are handling a transaction where they will earn a commission upon closing.
The notary is asked to notarize the seller's signature on the deed.
Which of the following is the appropriate action for the notary to take?