Key Takeaways
- New Jersey notaries can perform acknowledgments, oaths/affirmations, and copy certifications
- Acknowledgments confirm the signer acknowledges their signature
- Oaths and affirmations make statements legally binding
- Jurats require the signer to swear the document contents are true
- Notaries can certify copies of certain documents
Types of Notarial Acts
New Jersey notaries are authorized to perform several types of notarial acts. Understanding each type is essential for proper notarization and is heavily tested on the exam.
Overview of Notarial Acts
| Act Type | Purpose | Signer Requirement |
|---|---|---|
| Acknowledgment | Confirm signature is genuine | Acknowledge they signed willingly |
| Oath | Bind to truthful statement | Swear (religious) |
| Affirmation | Bind to truthful statement | Affirm (non-religious) |
| Jurat | Verify document truthfulness | Sign and swear in notary's presence |
| Copy Certification | Certify a copy is accurate | Request certification |
Acknowledgments
An acknowledgment is the most common notarial act. The signer acknowledges to the notary that:
- They signed the document
- They signed it willingly
- They understand its contents
Key Points About Acknowledgments
- Signer does NOT need to sign in the notary's presence
- Signer must personally appear before the notary
- Signer must acknowledge the signature is theirs
- Notary verifies identity of the signer
Common Documents Requiring Acknowledgment:
- Deeds
- Mortgages
- Powers of Attorney
- Contracts
Oaths and Affirmations
An oath is a solemn declaration invoking a higher power (God) that a statement is true.
An affirmation is a solemn declaration that a statement is true, without religious reference.
Oath vs. Affirmation
| Feature | Oath | Affirmation |
|---|---|---|
| Religious Reference | Yes | No |
| Legal Weight | Equal | Equal |
| Signer Choice | Yes | Yes |
| Typical Wording | "Do you swear..." | "Do you affirm..." |
Important: Oaths and affirmations have identical legal effect. The signer chooses which to use based on personal preference.
Administering an Oath
Standard oath wording:
"Do you solemnly swear that the statements in this document are true, so help you God?"
Administering an Affirmation
Standard affirmation wording:
"Do you solemnly affirm that the statements in this document are true?"
Jurats
A jurat combines an oath/affirmation with a signature. The signer must:
- Sign the document in the notary's presence
- Take an oath or affirmation about the truthfulness of the content
Jurat vs. Acknowledgment
| Feature | Jurat | Acknowledgment |
|---|---|---|
| Sign in notary's presence | Required | Not required |
| Oath/affirmation taken | Required | Not required |
| Notary verifies content truth | Through oath | No |
| Common certificate wording | "Subscribed and sworn" | "Acknowledged before me" |
Copy Certifications
New Jersey notaries can certify that a photocopy is a true and accurate copy of an original document.
Requirements for Copy Certification
| Requirement | Details |
|---|---|
| Original document | Must be presented to notary |
| Copy made | Either by notary or requester |
| Comparison | Notary compares copy to original |
| Certification | Notary attests copy is accurate |
Documents That CANNOT Be Copy Certified
- Birth certificates
- Death certificates
- Marriage certificates
- Other vital records (must be certified by issuing agency)
On the Exam
Expect 4-6 questions on types of notarial acts:
- Acknowledgment: Signer acknowledges signature; does NOT sign in presence
- Jurat: Signer MUST sign in notary's presence AND take oath
- Oath vs. Affirmation: Same legal effect; signer's choice
- Copy certification: Cannot certify vital records
What is the key difference between an acknowledgment and a jurat?
Do oaths and affirmations have the same legal effect?
Which documents can a New Jersey notary NOT certify as a true copy?