NJ Notary Performing Notarial Acts 2 — Questions and Answers
Question 1: Which of the following is a notarial act authorized under New Jersey law?
- Drafting a contract for the signer
- Certifying a copy of a vital record issued by the state
- Taking an acknowledgment of a signature (Correct answer)
- Providing a legal opinion on a document
Correct answer: Taking an acknowledgment of a signature
Taking an acknowledgment is a classic notarial act authorized under New Jersey law. Drafting contracts and providing legal opinions are the practice of law; certifying vital records is reserved for the issuing government agency.
Under the New Jersey Notary Public Act, authorized notarial acts include: taking acknowledgments, administering oaths and affirmations, performing verifications on oath, witnessing signatures, certifying copies (of privately-held documents, not vital records), and noting protests of negotiable instruments. Drafting contracts and providing legal opinions are the practice of law. Certifying copies of government-issued vital records (birth certificates, etc.) must be done by the issuing government agency, not a notary.
Question 2: When performing a copy certification in New Jersey, what must the notary certify?
- That the original document is legally valid
- That the copy is a true, correct, and complete reproduction of the original (Correct answer)
- That the copy will be accepted by all government agencies
- That the original was notarized by a licensed notary
Correct answer: That the copy is a true, correct, and complete reproduction of the original
A copy certification means the notary certifies that the copy they are certifying is a true, correct, and complete reproduction of the original document presented to them.
When a New Jersey notary certifies a copy, they are certifying that the copy is a true, correct, and complete reproduction of the original document that was physically presented to the notary. The notary is not certifying the legal validity of the original or that the copy will be accepted by any particular institution. The notary compares the copy to the original and certifies they match. Note: notaries cannot certify copies of vital records (birth certificates, marriage certificates, etc.) issued by government agencies.
Question 3: A New Jersey notary is asked to perform a notarial act for a document that will be used outside the United States. What additional step may be required?
- The notary must obtain foreign notarial authorization
- The document may require an apostille or authentication for use abroad (Correct answer)
- The notary must personally deliver the document to the foreign country
- No additional steps are needed — NJ notarizations are internationally recognized
Correct answer: The document may require an apostille or authentication for use abroad
Documents notarized in NJ that will be used in foreign countries may require an apostille or certificate of authentication to be recognized in the destination country.
For a New Jersey notarized document to be legally recognized in foreign countries, it may need an apostille (for countries party to the Hague Convention) or a certificate of authentication (for non-Hague countries). An apostille is obtained from the New Jersey State Treasurer's office and certifies the notary's authority. The notary performs the notarization; the apostille process is a separate, additional step performed by the state. NJ notarizations are not automatically recognized internationally.
Question 4: Under New Jersey law, which of the following must appear on a notarial certificate to make it valid?
- The notary's social security number
- The notary's name, commission expiration date, and signature (Correct answer)
- The notary's home address
- The document filing number assigned by the county
Correct answer: The notary's name, commission expiration date, and signature
A valid NJ notarial certificate must include the notary's name as commissioned, their commission expiration date, and their official signature (along with their seal/stamp).
A New Jersey notarial certificate must contain: the notary's official signature, the notary's name (as printed or stamped), the words 'Notary Public, State of New Jersey,' the commission expiration date, and the notary's seal/stamp impression. The notary's home address and social security number are not required and should not appear on certificates. County filing numbers are assigned by recording offices, not the notary.
Question 5: A New Jersey notary is performing an acknowledgment. After verifying identity, the notary asks: 'Do you acknowledge that you signed this document voluntarily, for its intended purpose?' What is the signer's required response?
- The signer must sign in the notary's presence only — no verbal response needed
- The signer must verbally affirm they did sign voluntarily (Correct answer)
- The signer must swear to the truth of the document's contents
- The signer must show the notary where they signed the document
Correct answer: The signer must verbally affirm they did sign voluntarily
For an acknowledgment, the signer must verbally acknowledge (affirm) to the notary that they signed the document voluntarily and for its intended purpose.
In an acknowledgment, the signer acknowledges to the notary that they executed the document voluntarily. This typically involves verbally affirming when the notary asks the acknowledgment question. The signer does not need to re-sign in the notary's presence (unlike a jurat), does not need to swear to the document's contents (that would make it a jurat), but must provide a verbal acknowledgment that they did sign and did so of their own free will.
Question 6: When may a New Jersey notary perform a notarial act for a document that is partially blank?
- Never — all blanks must be completed before notarization (Correct answer)
- When the blank is a non-material space that will be completed later by a specific party
- Always — blanks in a document are the signer's responsibility only
- Only for real estate documents where blanks are standard practice
Correct answer: Never — all blanks must be completed before notarization
A New Jersey notary should not notarize a document that contains material blanks. All spaces that are part of the substantive content must be completed before the notarial act is performed.
New Jersey notaries should refuse to notarize documents with material blanks. A material blank is one that is part of the substance of the document and could be filled in after notarization in a way that alters the document's meaning or obligations. Notarizing a document with blanks creates a risk of fraud. Non-material or clearly designated spaces (such as 'to be completed by notary' lines for the certificate itself) may be acceptable. The notary should ask the signer to complete all material blanks before proceeding.
NJ Notary Performing Notarial Acts 2
Which of the following is a notarial act authorized under New Jersey law?