NJ Notary Journal and Seal Requirements 2 — Questions and Answers
Question 1: Under New Jersey law governing Remote Online Notarization (RON), is a notarial journal mandatory?
- No, RON does not require any records to be kept
- Yes, an electronic journal is mandatory for all RON acts (Correct answer)
- Yes, but only a paper journal is acceptable for RON
- No, only the audio-visual recording is required
Correct answer: Yes, an electronic journal is mandatory for all RON acts
For Remote Online Notarization in New Jersey, notaries are required to maintain an electronic journal of all remote notarial acts in addition to retaining the audio-visual recording.
New Jersey's RON regulations require notaries performing remote notarizations to maintain an electronic journal recording each RON act. They must also retain the audio-visual recording of each session. These requirements are in addition to (not instead of) maintaining a complete notarial record. Paper journals are not required for RON, but the electronic journal and recording must be securely maintained for the required retention period.
Question 2: Under New Jersey law, what must a notary public's official seal/stamp include?
- The notary's photograph and home address
- The notary's name, 'Notary Public, State of New Jersey,' and commission expiration date (Correct answer)
- The notary's employer's name and address
- The county where the notary primarily performs services
Correct answer: The notary's name, 'Notary Public, State of New Jersey,' and commission expiration date
New Jersey requires the official notarial seal to include the notary's name as commissioned, 'Notary Public, State of New Jersey,' and the commission expiration date.
Under the New Jersey Notary Public Act, the official seal or stamp must contain: (1) the notary's name as it appears on their commission, (2) the words 'Notary Public, State of New Jersey,' and (3) the notary's commission expiration date. The seal may also include additional information, but these three elements are mandatory. The seal must produce a legible, reproducible impression.
Question 3: A New Jersey notary performing a traditional (in-person) notarial act forgets to affix their seal to the notarial certificate. The document is then sent to another state. Which of the following is true?
- The document is fully valid since seals are optional in NJ
- The missing seal may cause the document to be rejected or questioned in the receiving state (Correct answer)
- The receiving state cannot reject a properly notarized NJ document
- The signer can affix the seal later without the notary's involvement
Correct answer: The missing seal may cause the document to be rejected or questioned in the receiving state
While NJ may not always require a seal for in-state use in all circumstances, failing to affix a seal may cause the document to be rejected in other states that require it for recognition.
Many states and document recipients require a notarial seal as evidence of the notary's authority. While NJ's own Act may allow some flexibility, failing to affix the seal can create problems when the document is used in other states or presented to institutions that require a seal. Best practice is always to affix the seal to every notarial certificate. The signer cannot add the seal — only the notary may apply their official seal.
Question 4: A New Jersey notary uses an inked rubber stamp as their official seal. The stamp impression is blurry and illegible on the notarial certificate. What should the notary do?
- Leave it since any visible impression is sufficient
- Re-stamp legibly over the blurry impression (Correct answer)
- Have the entire document re-signed and re-notarized
- Add a written explanation next to the blurry stamp
Correct answer: Re-stamp legibly over the blurry impression
The seal must produce a legible, reproducible impression. If the stamp impression is blurry, the notary should re-stamp in a clear area of the certificate to produce a legible impression.
New Jersey requires notarial seal impressions to be legible and reproducible. If an inked stamp produces a blurry or illegible impression, the notary should apply the stamp again in a suitable space on the certificate to produce a clear impression. If there is insufficient room, the notary may need to use a fresh certificate sheet. Adding a written note does not substitute for a proper seal impression, and completely re-doing the notarial act is unnecessarily burdensome if a re-stamp can solve the problem.
Question 5: Under New Jersey law, what must a notary do with their official seal upon the expiration of their commission?
- Transfer it to another notary in their office
- Destroy the seal or render it permanently unusable (Correct answer)
- Return it to the State Treasurer
- Store it for potential future reactivation
Correct answer: Destroy the seal or render it permanently unusable
Upon expiration or termination of a New Jersey notary commission, the notary should destroy the seal or render it permanently unusable to prevent fraudulent use after the commission ends.
When a New Jersey notary commission expires or is terminated, the notary must ensure the official seal cannot be misused. This means destroying the seal or making it permanently non-functional. Leaving the seal intact and accessible risks fraudulent notarizations being performed with an expired commission. The seal cannot be transferred to another person — it is specific to the commissioned notary. The State Treasurer does not typically receive old seals.
Question 6: What is the purpose of the commission expiration date being included on a New Jersey notary's official seal?
- To track the number of notarial acts performed
- To allow document recipients to verify the notary's commission was valid at the time of the act (Correct answer)
- To enforce the maximum fee schedule automatically
- To identify which county the notary is registered in
Correct answer: To allow document recipients to verify the notary's commission was valid at the time of the act
Including the commission expiration date on the seal allows document recipients to verify that the notary's commission was active and valid on the date the notarial act was performed.
The commission expiration date on the notarial seal serves as an important verification tool. When a document is presented months or years after notarization, the expiration date on the seal allows the recipient to confirm the notary's commission was valid on the date of the act. This is particularly important for real estate transactions, court filings, and other legal documents. It also helps notaries themselves remember to renew before their commission expires.
NJ Notary Journal and Seal Requirements 2
Under New Jersey law governing Remote Online Notarization (RON), is a notarial journal mandatory?