NJ Notary - New Jersey Notary Remote and Electronic Notarization Questions and Answers 1 — Questions and Answers
Question 1: A New Jersey notary is preparing to perform a remote online notarization (RON) for a signer they do not personally know. Which of the following is a mandatory requirement for identifying the remotely located individual?
- The signer must answer a series of knowledge-based authentication (KBA) questions.
- The signer must present one form of government-issued photo ID during the audio-visual session.
- A credible witness known to the notary must be physically present with the signer.
- The use of at least two different types of identity proofing, such as KBA and biometric verification. (Correct answer)
Correct answer: The use of at least two different types of identity proofing, such as KBA and biometric verification.
New Jersey law requires a robust identity verification process for remote notarizations when the notary does not have personal knowledge of the signer. The law specifies the use of at least two different types of identity proofing processes or services. Common methods include knowledge-based authentication (KBA), biometric identity verification, or a digital public key certificate. Simply presenting one ID is insufficient for a remote session.
Question 2: Regarding the location of the participants in a remote notarization, which statement is true under New Jersey law?
- Both the notary and the signer must be physically located within New Jersey.
- The notary must be physically located in New Jersey, but the signer can be located anywhere in the world. (Correct answer)
- The signer must be in New Jersey, but the notary can perform the act from any state.
- As long as one party is in New Jersey, the location of the other does not matter.
Correct answer: The notary must be physically located in New Jersey, but the signer can be located anywhere in the world.
New Jersey law explicitly states that the notary public must be physically located within the borders of New Jersey at the time of the remote notarial act. However, the law allows the remotely located individual (the signer) to be located anywhere, including outside of New Jersey or even outside of the United States, provided certain conditions are met for international signers.
Question 3: 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?
- 5 years
- 7 years
- 10 years (Correct answer)
- Indefinitely
Correct 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.
Question 4: Which of the following must be included in the notarial certificate for an act performed using communication technology in New Jersey?
- The name of the specific audio-visual technology provider used.
- A statement indicating the notarial act was performed using communication technology. (Correct answer)
- The physical address of the remotely located individual.
- The IP addresses of both the notary and the signer.
Correct answer: A statement indicating the notarial act was performed using communication technology.
When a notarial act is performed remotely, the certificate must explicitly state that fact. The law requires the certificate to include a statement indicating that the notarial act was performed using communication technology. While the notary's journal would contain more detailed information, this specific statement is required on the notarial certificate itself.
Question 5: A New Jersey notary is authorized to perform remote notarizations. How must the notary maintain their journal for these acts?
- The notary must maintain a separate electronic journal exclusively for remote notarizations.
- The notary can choose to record remote acts in a separate journal or their main journal.
- The notary must maintain only one journal at a time for all notarial acts, whether performed in-person or remotely. (Correct answer)
- The audio-visual recording of the remote session replaces the need for a journal entry.
Correct answer: The notary must maintain only one journal at a time for all notarial acts, whether performed in-person or remotely.
New Jersey law mandates that a notary public shall maintain only one journal at a time to chronicle all notarial acts, regardless of whether they are performed for tangible or electronic records (in-person or remote). This single journal can be in a tangible (bound book) or a permanent, tamper-evident electronic format.
Question 6: A signer wishes to have a document notarized remotely but wants to use a traditional 'wet ink' signature instead of an electronic one. This process is often called Remote Ink-Signed Notarization (RIN). Under New Jersey law, what type of notarial act can be performed this way?
- Jurat
- Acknowledgment (Correct answer)
- Copy Certification
- Oath or Affirmation
Correct answer: Acknowledgment
New Jersey statutes specifically address the remote notarization of paper documents. The law allows notaries to notarize paper documents remotely only when taking an acknowledgment of a signature. The signer must send the physically signed document to the notary after the audio-visual session for the notary to complete the notarization.
A New Jersey notary is preparing to perform a remote online notarization (RON) for a signer they do not personally know.
Which of the following is a mandatory requirement for identifying the remotely located individual?