2.2 Personal Appearance Requirement
Key Takeaways
- Personal appearance is mandatory for every notarial act—the signer must be before the notary at the moment of notarization, either physically or via approved communication technology
- Remote Online Notarization (RON), authorized effective October 22, 2021, satisfies personal appearance through real-time, two-way audio-visual technology
- For a remotely located individual, the notary must use personal knowledge or at least two types of identity proofing (credential analysis plus identity verification)
- A RON audio-visual recording must be retained for at least ten years
- A notary may never notarize a mailed-in, pre-signed document left by a third party, or backdate a notarization to a date the signer was present
- Beyond presence, the notary must independently judge the signer's identity, willingness, awareness, and competence before proceeding
The Cornerstone Rule
Personal appearance is the single most important safeguard in notarial practice, and the New Jersey Law on Notarial Acts (effective October 22, 2021) makes it mandatory for every notarial act. The signer—or a person making a statement—must be before the notary at the moment of notarization. There are only two acceptable ways to satisfy it.
| Method | What it requires |
|---|---|
| Traditional (in-person) | Signer physically in the same place as the notary, face-to-face, communicating in real time |
| Remote Online Notarization (RON) | Signer connected by live, two-way audio-visual technology, also in real time |
Notice what both share: the parties are present simultaneously, the notary can see and hear the signer, and they can communicate directly. A scanned signature, a phone call with no video, or a document mailed in fails all three tests.
Why It Matters
Personal appearance lets the notary perform the four judgments that make a notarization trustworthy:
- Identity — examine the ID and compare it to the live person.
- Willingness — observe whether the signer appears coerced.
- Awareness — confirm the signer understands what is being signed.
- Competence — assess whether the signer is capable of acting.
Without the signer present, none of these is possible, and the notarial certificate would be a false statement.
Remote Online Notarization (RON)
New Jersey permanently authorized RON in the same 2021 law. RON lets a notary located in New Jersey notarize for a remotely located individual using communication technology, provided three conditions are met:
| RON requirement | Detail |
|---|---|
| Identity | Personal knowledge, a credible witness on oath, or at least two types of identity proofing (e.g., credential analysis plus knowledge-based authentication) |
| Same record | The notary must reasonably confirm the record before them is the one the remote signer executed |
| Recording | An audio-visual recording of the act must be made and retained for at least ten years |
RON satisfies personal appearance because the live video link preserves the see-hear-communicate trio—it does not waive appearance.
Prohibited Shortcuts
The exam tests violations heavily. Never do any of the following:
| Prohibited act | Why it fails |
|---|---|
| Notarize a document mailed in already signed | Signer is not present |
| Accept a pre-signed document a relative drops off | Original signer is not present |
| Notarize over an audio-only phone call | No visual verification |
| Backdate to a date the signer was present | The act did not occur on the stated date—document fraud |
| Notarize for a signer in another room "who already signed" | No appearance at the moment of the act |
Judging the Signer
Presence alone is not enough—the notary must affirmatively be satisfied of the signer's state. Watch for these red flags, any one of which justifies refusing the act:
- The signer cannot explain what the document is.
- Another person answers for, or pressures, the signer.
- The signer appears confused, frightened, or impaired by drugs or alcohol.
- The signer hesitates or signs only after others insist.
A notary who proceeds despite clear coercion or incapacity can face civil liability and commission revocation.
Worked Example: The Hospital Visit
A notary is asked to notarize a power of attorney for a patient who is heavily sedated and cannot respond to questions. Even though the patient is physically present and has valid ID, personal appearance alone is not enough—the notary cannot confirm awareness or willingness. The correct action is to refuse and reschedule until the signer is alert and can communicate. Compare this to a fully alert patient who personally appears, understands the document, and signs willingly: that notarization is proper. The lesson tested repeatedly is that presence plus ID does not override an obvious lack of capacity.
RON vs. In-Person at a Glance
| Feature | Traditional | RON |
|---|---|---|
| Real-time presence | Physical, same room | Live two-way audio-visual |
| Identity proofing | Photo ID, personal knowledge, or credible witness | Personal knowledge or two types of identity proofing |
| Recording required | No | Yes—kept 10 years |
| Communication technology standards | N/A | Must meet state regulations |
| Can it waive appearance? | No | No—it satisfies appearance differently |
Audio-Visual vs. Audio-Only
A frequent distractor is the audio-only phone call. RON specifically requires two-way audio AND video in real time. A telephone call—even with matching ID faxed in advance—does not satisfy personal appearance because the notary cannot visually observe the signer signing or assess demeanor. Likewise, a pre-recorded video, an emailed scan, or a video clip sent after the fact all fail: the technology must be live and interactive during the act itself.
Document-Fraud Consequences
Violating personal appearance is not a paperwork slip—it can be document fraud. Backdating a certificate to a date the signer was present, or completing a certificate for an absent signer, makes the certificate a false instrument. Penalties can include civil liability to injured parties, suspension or revocation of the commission, and in egregious cases criminal exposure. The notary's certificate is sworn to be true; if the signer never appeared, every word of it is false.
On the Exam
Expect 2–3 questions. The most common trap is the relative-drops-off-a-signed-document scenario (always prohibited), followed by "does RON eliminate personal appearance?" (no—live audio-visual presence still counts as appearance) and the ten-year RON recording retention period. A third common item is the audio-only telephone call, which never satisfies the requirement because there is no live video.
A man brings in a power of attorney his elderly mother already signed at home and asks the notary to notarize it, offering her ID. What should the notary do?
How long must a New Jersey notary retain the audio-visual recording of a Remote Online Notarization?
Which scenario correctly satisfies the personal appearance requirement?