Legal Requirements and Procedures for Remote, Online and Digital Notarizations in the state of New Jersey

In today’s digital age, the way we conduct business and handle legal matters is rapidly evolving. Notarizations, an essential part of legal processes, have also adapted to this changing landscape. In the state of New Jersey, remote, online, and digital notarizations have become increasingly popular and convenient options for individuals and businesses. In this article, we will explore the legal requirements and procedures for these types of notarizations in New Jersey.

What is a Notarization?

Before delving into the specifics of remote, online, and digital notarizations, it is important to understand the concept of notarization in general. When a document requires notarization, it means that a notary public serves as an impartial witness to the signing of that document. The notary verifies the identities of the signatories, ensures they are aware of the contents of the document, and confirms their willingness to sign it.

Remote Notarizations in New Jersey

Remote notarization is a relatively new concept that allows individuals to have their documents notarized without being physically present with the notary. In New Jersey, remote notarizations are governed by the Remote Online Notarization Act (RONA), which was enacted in 2020.

To have a document remotely notarized in New Jersey, the following procedures must be followed:

1. The signer must be physically located within the state of New Jersey at the time of the notarization.
2. The notary and signer must communicate using audio-visual technology that complies with the requirements outlined in RONA.
3. The signer must provide satisfactory evidence of their identity to the notary, using methods such as knowledge-based authentication or multi-factor authentication.
4. The notary must complete an electronic notarial certificate and attach it securely to the document.
5. The notary must keep an audio-visual recording of the notarial act for a period of at least 10 years.

Online Notarizations in New Jersey

Online notarizations, also known as web-based notarizations, are another form of remote notarization that allow individuals to have their documents notarized using online platforms. Unlike remote notarizations, online notarizations do not require the same level of real-time interaction between the notary and signer.

In New Jersey, online notarizations are governed by the Uniform Electronic Transactions Act (UETA) and the Revised Uniform Law on Notarial Acts (RULONA). These laws provide the legal framework for online notarizations and ensure their validity and enforceability.

The procedures for online notarizations in New Jersey include:

1. The signer must electronically sign the document using an approved online platform.
2. The notary must affix their electronic signature and seal to the document.
3. The notary must create and attach an electronic notarial certificate to the document.
4. The completed document must be securely stored as an electronic record.

Digital Notarizations in New Jersey

Digital notarizations are similar to online notarizations but differ in the types of documents that can be notarized. In New Jersey, digital notarizations can only be performed on electronic documents that are in electronic form from creation.

The procedures for digital notarizations include:

1. The signer must electronically sign the document using an approved online platform.
2. The notary must affix their electronic signature and seal to the document.
3. The notary must create and attach an electronic notarial certificate to the document.
4. The completed document must be securely stored as an electronic record.

Conclusion

In conclusion, remote, online, and digital notarizations have become viable options for individuals and businesses in the state of New Jersey. These types of notarizations offer convenience, efficiency, and security in today’s digital world. It is crucial to familiarize yourself with the legal requirements and procedures associated with each type of notarization to ensure compliance with the law. If you require notarization services, consider exploring the possibilities that remote, online, and digital notarizations can offer.

For more information on notarizations and other legal topics, we invite you to explore our website’s other articles.