The court defines a notary public as a “public ministerial officer,” an agent for the state, and a witness of notarial writing and signatures. A Notary Public is a honest, moral and responsible member of our society. They are appointed by the office of the Secretary of State to witness by an official seal and written acknowledgement, or jurat, the signing of documents, as well as admister an oath.
Mobile Notary Publics perform
the same duties that regular “store-front” notaries do, except they do so at a
time and place that caters to their clients’ need. A Mobile Notary Public
travels to your location and will meet you at a location that is convenient for
you. It could be your home, office or other mutually agreed upon location.
Why Are Documents Notarized?
Does Notarization Mean That The Information On A
Document Is True Or Legal?
No. Notarization does not prove that information
or statements on a document are true, accurate or legal. The signer is
responsible for the content of the documents. The Notary Public certifies the
identity of the signer.
What Can Be Notarized?
The following documents can be notarized:- Loan Documents
- Real Estate Documents
-
Lines of Credit
-
Bank Signatures
-
Powers of Attorney
-
Legal Papers
-
Wills & Trusts
-
Depositions
-
Oaths, Affirmations & Acknowledgements
-
Court Documents
-
Divorce Decree
-
Adoption Papers
-
Affidavit of Parental Consent to Travel
-
Medical Documents
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Fraud Affidavits for Identity Theft Cases
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Lottery Winners & Recovery Services
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Attesting to Photocopies
-
Certifying the Contents of Safe-deposit Boxes
- Official Verification of Persons Signing Documents
What Can NOT Be Notarized?
The following documents CAN NOT be notarized:
- Any State Official Documents – Birth
Certificates, Death Records, Marriages, etc.
-
Immigration Documents
-
Incomplete Documents
-
Photographs
- Faxed or Copied Signatures
Can A Fax Or A Photocopy Be Notarized
Yes. A photocopy or fax may be notarized, but only if it bears an original signature. That is, the copy must have been signed with pen and ink. A photocopied or faxed signature may never be notarized. Care should be taken to copy faxes from thermal paper to regular paper before proceeding in having a document notarized in order to avoid rejection by public recorders.
Can A Notary Make Certified Copies?
In the State of New Jersey, the only document
that a Notary may make Certified Copies of is a Power of Attorney. In order to
do so, the Notary must see and inspect the original Power of Attorney, inspect
the copies of the Power of Attorney and verify that the copy is in fact a true
and exact copy.How Can I Get A Copy Of My Birth Certificate, Driver’s License Or Passport Certified?
Copies of vital records such as birth, fetal death, death and marriage certificates may only be made by the State Registrar, acting local registrars during their terms of office, and by the county recorder.
Notaries may perform a “Copy Certification by
Document Custodian”. If you are required to have a copy of your driver’s
license or passport for example certified / notarized, present the photocopy
along with the original to a notary. The notary should have you fill out a
certificate stating that you certify that the attached photocopy of your
driver’s license is a true and exact copy. The notary then places you under
oath and asks you if you swear (or affirm) that this information is true. The
Notary, having witnessed the signing and given the oath or affirmation,
executes a Jurat. Any document in a signer’s possession (besides a vital
record) can be certified in this manner.
Does A Document Have To Be Signed In The Notary’s Presence?
Is Identification Required For Notarization?
Yes. Each signer must either present a current photo ID; or have two other persons present who will swear to the signer’s identity, each of whom has a good, current photo ID.
Which Forms Of Identification Are Acceptable?
Forms of acceptable paper identification include:- Driver's License or non-driver's ID card issued by a U.S. state.
- U.S. passport
- Foreign passport stamped by the U.S. Citizenship
and Immigration Services (USCIS).
-
US Military Identification Card that contains all
required elements stated above, (The Common Access Card 'CAC' is not
acceptable).
-
Inmate ID Issued by the New Jersey Dept. of
Corrections.
- Employee Card issued by an agency or office of the state of New Jersey or any city or county within NJ. (Federal IDs are not acceptable.)
Which Forms Of Identification Are NOT Acceptable?
Unacceptable forms of Identification include:
- Matricula Consular Card
- Social Security Cards
- Temporary Driver’s Licenses
- Driver’s Licenses without photographs
What Is An Acknowledgment?
An acknowledgment is a notarial act in which a Notary certifies having positively identified a document signer who personally appeared before the Notary and admitted having signed the document freely.
A notarial act in which a Notary certifies having watched the signing of a document and administered an oath or affirmation.
What Does ‘Single Credible Witness’ Mean?
The identity of the signer can be established by the oath of a single credible witness whom the notary public personally knows. The notary public must establish the identity of the credible witness by the presentation of paper identification. Under oath, the credible witness must swear or affirm that each of the following is true: (a) The individual appearing before the notary public as the signer of the document is the person named in the document; (b) The credible witness personally knows the signer; (c) The credible witness reasonably believes that the circumstances of the signer are such that it would be very difficult or impossible for the signer to obtain another form of identification; (d) The signer does not possess any of the identification documents authorized by law to establish the signer’s identity; (e) The credible witness does not have a financial interest and is not named in the document signed.
What Does
‘Two Credible Witnesses’ Mean?
The identity of the signer can be established by
the oaths of two credible witnesses whom the notary public does not personally
know. The notary public first must establish the identities of the two credible
witnesses by the presentation of paper identification. Under oath, the credible
witness must swear or affirm that each of the following is true: (a) The
individual appearing before the notary public as the signer of the document is
the person named in the document; (b) The credible witness personally knows the
signer; (c) The credible witness reasonably believes that the circumstances of
the signer are such that it would be very difficult or impossible for the signer
to obtain another form of identification; (d) The signer does not possess any
of the identification documents authorized by law to establish the signer’s
identity; (e) The credible witness does not have a financial interest and is
not named in the document signed.What If The Signer Is Disabled Or Too Frail Or Ill To Sign His/Her Name?
In those cases where the individual signing his/her name is competent to sign, but unable to do so because of disability or frailty there is a procedure called “signature by mark”. The protocol for this requires two (2) witnesses. The signer makes a mark, frequently an “X”, which is witnessed by the 2 witnesses. There is a form that the Notary can provide that one of the witnesses fills out and both witnesses sign it. This procedure essentially converts that “X” into the signer’s legal signature for the purposes of that particular document.