Key Takeaways
- A notary public is a public officer appointed by the State Treasurer to serve as an impartial witness
- The primary purpose is to prevent fraud by verifying the identity of document signers
- New Jersey notaries are appointed for a 5-year term
- Notaries do NOT verify the truthfulness or legality of document contents
- Licensed New Jersey attorneys are exempt from the notary exam and education requirements
Overview of the Notary Public Role
In the Garden State, every real estate closing, power of attorney, and countless other important transactions rely on a critical gatekeeper—the notary public. As a New Jersey notary, you'll serve as an impartial witness who helps ensure that document signers are who they claim to be, protecting New Jersey residents from fraud.
What Is a Notary Public?
A notary public is a public officer appointed by the New Jersey State Treasurer through the Division of Revenue and Enterprise Services (DORES). The primary role is to serve as an impartial witness in document execution, administering oaths, and taking acknowledgments.
| What You Are | What You Are NOT |
|---|---|
| Public officer | Government employee |
| Impartial witness | Party to the transaction |
| Identity verifier | Document content verifier |
| Fraud preventer | Legal advisor |
| State-commissioned | Licensed attorney (unless separately) |
Core Notarial Functions in New Jersey
New Jersey notaries are authorized to perform these specific acts:
| Function | What You Do |
|---|---|
| Take acknowledgments | Confirm signer acknowledges their signature on tangible records |
| Administer oaths and affirmations | Have signers swear to truthfulness |
| Notarize wills and codicils | Witness signatures on tangible wills |
| Remote Online Notarization (RON) | Perform notarial acts via audio-visual technology |
| Certify copies | Certify that a copy is a true copy of an original |
What You Do NOT Do
Understanding your limits is equally important:
| Prohibited Action | Why |
|---|---|
| Verify document truthfulness | Not your job—you're not a fact-checker |
| Provide legal advice | Unauthorized practice of law |
| Explain legal effects | Unauthorized practice of law |
| Prepare legal documents | Only attorneys may do this |
| Notarize documents where you have interest | Conflict of interest |
The Principle of Impartiality
Your most important quality is impartiality. You cannot have a financial or beneficial interest in the transaction.
Critical Rule: You may NOT notarize a document if:
- You are a party to the transaction
- Your spouse is a party to the transaction
- You have a direct beneficial interest in the outcome
- A family member would directly benefit
- The document is incomplete
Attorney Exemption
Important: Licensed New Jersey attorneys are automatically eligible for a notary commission and are exempt from the education course requirement, the exam requirement, and the legislator endorsement requirement. They must still apply and pay the fee.
On the Exam
Expect 2-3 questions on the notary's role. Key points tested:
- Primary purpose: Verify identity and prevent fraud
- NOT your job: Verify document truthfulness or legality
- Impartiality: Cannot have a stake in the transaction
- Attorney exemption: NJ-licensed attorneys don't need the exam or education course
What is the PRIMARY purpose of a notary public?
Which of the following is TRUE about New Jersey attorneys and notary commissions?