6.1 Electronic Notarization

What Electronic Notarization Means in New Jersey

Electronic notarization (e-notarization) is performing a notarial act on an electronic record — typically a PDF — using an electronic signature and an electronic version of the notary's official stamp. New Jersey made this permanent through P.L. 2021, c. 179, signed July 22, 2021 and effective October 22, 2021, which amended the Notarial Acts framework administered by the Department of the Treasury, Division of Revenue and Enterprise Services (DORES).

The single most-tested point: electronic does not mean remote. In a plain electronic notarization, the signer is still physically present in the same room as the notary. The signer signs the document electronically (for example, on a tablet or via a signing platform) and the notary applies an electronic signature and stamp. The personal-appearance requirement that governs paper acts applies identically here.

The Treasurer Notification Step (Do This First)

Before the first electronic notarization, the notary must notify the State Treasurer through the New Jersey Notary Public Application portal at njportal.com and identify the technology or platform the notary intends to use. This is a one-time registration step, not a per-document filing. Performing electronic acts without first registering the technology is a common compliance trap on the exam — the correct answer is always "notify the Treasurer and identify the technology first."

Electronic Signature and Stamp Standards

The statute requires that the notary's electronic signature and electronic stamp meet four core security standards:

A notary may not simply paste a scanned JPEG of the inked stamp into a PDF and call it electronic notarization — that image is neither under sole control nor tamper-evident. The electronic stamp must be applied through a compliant platform that produces a tamper-evident certificate.

What the Electronic Stamp Must Contain

The data is identical to the physical stamp learned in earlier chapters:

• The notary's name exactly as it appears on the commission
• The words "Notary Public"
• The words "State of New Jersey"
• The notary's commission expiration date

Worked Example

A title company asks notary Rivera to e-notarize a mortgage rider. Rivera registered her platform with the Treasurer last year. The borrower drives to Rivera's office, presents a valid NJ driver's license, signs on the platform's tablet while Rivera watches, and Rivera applies her tamper-evident electronic stamp. Two weeks later the lender claims a clause was changed. Because Rivera used a tamper-evident system, any post-act alteration is detectable — protecting both Rivera and the parties. Had Rivera mailed a static signed PDF and let staff stamp it, the act would fail the sole-control and tamper-evident tests.

Records and Common Traps

Electronic notarizations still go in the journal, which is retained 10 years after the last entry — the same retention rule as paper. Watch these exam traps:

• "Electronic notarization lets the signer stay home" — false; that is RON.
• "You can email a PDF and stamp it later" — false; personal appearance and a live act are required.
• "A scanned seal image is fine" — false; it must be tamper-evident and under sole control.

Choosing a Compliant Platform

New Jersey does not maintain a single state-run e-notarization system; instead, the notary selects a third-party provider (for example, providers built on the Electronic Signatures in Global and National Commerce Act and the state's Uniform Electronic Transactions Act framework) and identifies that technology to the Treasurer. When evaluating a platform, the notary is personally responsible for confirming it produces a tamper-evident record and keeps the electronic signature and stamp under the notary's sole control.

The vendor's marketing claims do not relieve the notary of liability — if the platform lets staff or the vendor apply the stamp, the notary has violated the sole-control rule.

Federal and State Interoperability

Electronic notarizations are recognized across state lines under the Electronic Signatures in Global and National Commerce Act (E-SIGN, 2000) and New Jersey's Uniform Electronic Transactions Act (UETA), which give electronic signatures and records the same legal effect as paper. That is why a NJ-notarized electronic mortgage rider can be accepted by an out-of-state lender. However, not every recipient accepts electronic notarizations — some county recording offices and foreign authorities still demand wet-ink originals, and an apostille or authentication may require a paper certificate.

Always confirm the receiving party's format requirements before performing an electronic act; the exam rewards the answer that says "verify the recipient accepts electronic notarization."

Documents to Approach With Caution

Exam Snapshot

Expect 2-3 questions on electronic notarization. The graders test whether you can separate electronic (in-person, electronic record) from remote (signer absent). Lock in these anchors: October 22, 2021 effective date; notify the Treasurer and identify the technology first; tamper-evident and sole-control standards; the electronic stamp carries the same four data elements as the inked stamp; and journal/record retention stays at 10 years. If a question describes a signer who is not in the room, the answer involves RON, not plain electronic notarization.