Bulletin: NJ2021004

Dear Associates:

Governor Murphy has signed NJ Bill A4250/S2508 into law on July 22, 2021. This bill revises the law concerning notaries and notarial acts; and authorizes electronic signatures. The law is now effective.

Stewart issuing offices in New Jersey may now conduct Remote Online Notarizations subject to existing Stewart policies and procedures, including, but not limited to Bulletins SLS2020003 and SLS2020004.

The law provides a definition for both a remotely located individual and communication technology. 

• A “Remotely located individual" is defined as an individual who is not in the physical presence of a notarial officer performing a notarial act.
• "Communication technology" is defined in the bill as an electronic device or process that:

(a)   allows a notarial officer and a remotely located individual to communicate with each other simultaneously by sight and sound; and

(b)   when necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment.

 Requirements for Remote Online Notarizations (RON) in New Jersey: 

• A remotely located individual may comply by using communication technology to appear before a notarial officer.
• The law specifically provides that the notarial officer located in this State may perform a notarial act using communication technology for a remotely located individual by any of the following methods:

a) Personal knowledge of the identity of the individual;

b) Satisfactory evidence of credential analysis and identity proofing services to be used with communication technology required for remote online notarization; and

c) Satisfactory evidence of identity proofing by using at least two different types of identification (e.g. State Driver’s License, U.S. Passport)

• The notary public verifies that the document being executed by the principal is the same document before the notary.
• The notary public creates an audio-visual recording of the performance of the notarial act to maintain in an electronic record; and
• Attachment of an electronic notarial certificate that includes a notation confirming that the notarization is an online notarization. 

(NOTE: Said electronic record is to include details of the notarization) 

• The electronic notarial certificate must indicate that the notarial act was performed using communication technology.
• A notarial officer may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records.
• A person may not require a notarial officer to perform a notarial act with respect to an electronic record with a technology that the notarial officer has not selected.
• Before a notary public performs the notary public's initial notarial act with respect to an electronic record, the notary public shall notify the State Treasurer that the notary public will be performing notarial acts with respect to electronic records and identify the technology that the notary public intends to use.
• If the State Treasurer has established standards for approval of communication technology or identity proofing, the communication technology and identity proofing must conform to those standards.
• County clerks or register of deeds and mortgages shall accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original, if the notarial officer executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record. 

Furthermore, the State Treasurer may adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) regarding the performance of a notarial act.  

• The Treasurer may also publish provisions in the New Jersey Notary Manual that:

(1)   prescribe the means of performing a notarial act involving a remotely located individual using communication technology;

(2)   establish standards for communication technology and identity proofing;

(3)   establish requirements or procedures to approve providers of communication technology and the process of identity proofing; and

(4)   establish standards and a period for the retention of an audio-visual recording created under the provisions of this subsection. 

A New Jersey notary public will be able to perform remote online notarization based on the provisions in the current law. However, the State Treasurer may also implement a registration system and list of communication technology together with the promulgation of rules, which are specifically approved by the State Treasurer. 

Before adopting, amending, or repealing a rule or regulation or publishing a provision in the New Jersey Notary Public Manual governing performance of a notarial act with respect to a remotely located individual, the State Treasurer must consider:

(1)   the most recent standards regarding the performance of a notarial act with respect to a remotely located individual promulgated by national standard-setting organizations such as the Mortgage Industry Standards Maintenance Organization and the recommendations of the National Association of Secretaries of State;

(2)   standards, practices, and customs of other jurisdictions that have laws substantially similar to this section; and

(3)   the views of governmental officials and entities and other interested persons. 

Also, a notarial act performed in another state has the same effect under the law of this State as if performed by a notarial officer of this State, if the act performed in that state is performed by: 

• A notary public of that state;
• A judge, clerk, or deputy clerk of a court of that state; or any other individual authorized by the law of that state to perform the notarial act.
• The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
• The signature and title of a notarial officer described in this subsection conclusively establish the authority of the officer to perform the notarial act. 

The requirements below apply to a notarial act performed in a foreign jurisdiction outside of the United States: 

• If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this State as if performed by a notarial officer of this State.
• For a remotely located individual who is located outside the United States:    

(a)   the record is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or    

(b)   involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and    

(c)   the act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located. 

Please note that these conditions only relate to Remote Online Notarizations conducted under New Jersey’s new statute. New Jersey issuing offices may continue to accept and rely upon Remote Online Notarizations performed in compliance with existing statutes in other states. 

The State Treasurer may also take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

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