NJ Notary Qualifications and Commission Process 2 — Questions and Answers
Question 1: Under New Jersey law, what disqualifies a person from obtaining a notary public commission?
- Being employed by a private company rather than the government
- Having been convicted of a disqualifying crime under the Notary Public Act (Correct answer)
- Being under 25 years of age
- Having a prior notary commission in another state
Correct answer: Having been convicted of a disqualifying crime under the Notary Public Act
Conviction of a disqualifying crime can prevent a person from receiving a NJ notary commission. The State Treasurer has discretion to deny the application on this basis.
Under the New Jersey Notary Public Act, an applicant who has been convicted of a crime that the State Treasurer determines to be disqualifying may be denied a commission. The Treasurer has discretion to evaluate the nature of the crime and its relevance to notarial duties. Private sector employment, age (as long as 18+), and prior commissions in other states are not disqualifying factors.
Question 2: What is the correct sequence for obtaining a New Jersey notary public commission?
- Submit application → Pass exam → Receive commission → Obtain surety bond
- Obtain surety bond → Submit application with bond → Receive commission → Obtain seal (Correct answer)
- Pass training course → Obtain bond → Submit application → Receive commission
- Receive commission → Submit application → Obtain surety bond → Pass exam
Correct answer: Obtain surety bond → Submit application with bond → Receive commission → Obtain seal
The correct sequence is: obtain the $15,000 surety bond first, submit the application with the bond to the State Treasurer, receive the commission, then obtain the official seal/stamp.
In New Jersey, the notary application process requires: (1) obtaining a $15,000 surety bond, (2) submitting the application along with the surety bond to the State Treasurer's office, (3) receiving the commission certificate upon approval, and (4) obtaining an official seal or stamp before beginning to perform notarial acts. There is no required exam or training course. The bond must be in place before the commission is issued.
Question 3: When must a New Jersey notary renew their commission to maintain uninterrupted notarial authority?
- At least 6 months before expiration
- Before the expiration date of their current commission (Correct answer)
- Within 30 days after expiration
- Any time during the 5-year term
Correct answer: Before the expiration date of their current commission
To maintain uninterrupted notarial authority, the notary must renew their commission before the current commission's expiration date. Acting after expiration without renewal is unauthorized.
A New Jersey notary commission expires at the end of its five-year term. To maintain uninterrupted authority to perform notarial acts, the notary must submit their renewal application and receive the new commission before the current one expires. Acting after the expiration date while waiting for a new commission is not authorized — there is no grace period. Notaries should begin the renewal process well in advance of the expiration date to avoid lapses.
Question 4: After receiving a New Jersey notary commission, when may the notary begin performing notarial acts?
- Immediately upon receiving the commission certificate by mail
- Only after 30 days from the commission issue date
- After obtaining their official seal and ensuring the surety bond is properly filed (Correct answer)
- After completing an orientation session with the State Treasurer's office
Correct answer: After obtaining their official seal and ensuring the surety bond is properly filed
The notary may begin performing notarial acts after receiving their commission certificate AND obtaining their official seal/stamp, with the surety bond already filed as part of the application.
A new New Jersey notary cannot perform notarial acts until they have: (1) received their commission certificate from the State Treasurer, (2) obtained their official notarial seal/stamp that meets NJ's requirements. The surety bond should already have been filed as part of the application. There is no mandatory waiting period after receiving the commission and no required orientation. Once the commission is in hand and the seal is obtained, the notary is ready to perform acts.
Question 5: A New Jersey notary's commission is automatically void if the notary:
- Changes employers while still residing in NJ
- Moves out of New Jersey and is no longer employed in NJ (Correct answer)
- Is promoted to a management position at their employer
- Changes their legal name without notifying the State Treasurer
Correct answer: Moves out of New Jersey and is no longer employed in NJ
A NJ notary commission requires the notary to reside or be employed in NJ. If the notary moves out of NJ and is no longer employed in NJ, they no longer meet the eligibility requirement and the commission becomes void.
New Jersey requires notaries to either reside in NJ or be employed in NJ throughout their commission term. If a notary moves out of New Jersey and simultaneously loses NJ employment, they no longer meet the eligibility requirements and their commission automatically becomes void. Changing employers while remaining in NJ, being promoted, or even changing names (though notification to the Treasurer is appropriate) do not automatically void the commission.
Question 6: Under New Jersey law, where must the application for a notary public commission be submitted?
- The county clerk's office in the notary's home county
- The New Jersey Superior Court
- The New Jersey State Treasurer's office (Correct answer)
- The New Jersey Division of Consumer Affairs
Correct answer: The New Jersey State Treasurer's office
Notary public commission applications in New Jersey are submitted to the State Treasurer's office, which is the commissioning authority.
Under the New Jersey Notary Public Act (N.J.S.A. 52:7-10 et seq.), the State Treasurer is the appointing authority for notaries public. All applications for new commissions and renewals must be submitted to the State Treasurer's office. The county clerk, Superior Court, and Division of Consumer Affairs do not process notary commission applications.
NJ Notary Qualifications and Commission Process 2
Under New Jersey law, what disqualifies a person from obtaining a notary public commission?