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New Jersey Laws on Notaries Public

New Jersey laws on notaries public can be found in Chapter 7, Title 52 of Statute of New Jersey.  Pursuant to N.J. Stat. § 52:7-11, the Secretary of State appoints competent number of notaries public as the Secretary of State deems necessary to commission.  Notaries public hold office for a term of five years.  Notaries public can be removed from office at the pleasure of the Secretary of State[i].

Pursuant to N.J. Stat. § 52:7-11, a person desiring to be appointed and commissioned as a notary public should make application to the Secretary of State on a form prescribed by the Secretary of State and endorsed by a member of the Legislature, the Secretary of State, or Assistant Secretary of State.  Renewal of a notary public is made in the same manner as the original application.  The Secretary of State should collect an amount of $ 25.00 for appointment and renewal[ii].

Pursuant to N.J. Stat. § 52:7-12, a person should be eighteen years of age or older for appointment as a notary public.  Pursuant to N.J. Stat. § 52:7-13, a person should not be denied appointment as a notary public on account of residence outside of the state of New Jersey.  A non resident applying for a notary public in the state of New Jersey must fulfill the following conditions:

  • The applicant must be residing in a State adjoining the state of New Jersey, or maintaining or is regularly employed in an office in the state of New Jersey;
  • The applicant should file with the Secretary of State an affidavit setting forth his/ her residence and the address of his office or place of employment in the state of New Jersey;
  • The applicant should file with the Secretary of State a certificate showing change of residence, of his/ her office or place of employment address the state of New Jersey.

Pursuant to N.J. Stat. § 52:7-14, a notary public within three months of the receipt of his/ her commission should take and subscribe an oath before the clerk of the county in which s/he resides.  Oath is taken for faithful and honest discharge of duties of office.  Moreover, oath is taken to the effect that s/ he will make and keep a true record of all matters required by law.  The oath of office of a nonresident notary public should be taken and subscribed before the clerk of the county in which s/he is maintaining office or is employed in the state of New Jersey.  After administering oath, the clerk should cause the notary public to indorse a certificate of commission and qualification.  The clerk should transmit the certificate to the Secretary of State within ten days of administering oath[iii].

Pursuant to N.J. Stat. § 52:7-14, the Secretary of State should cancel and revoke the appointment of a notary public who fails to take and subscribe the oath within three months of the receipt of his/her commission.  The appointment canceled and revoked is null and void[iv].

Pursuant to N.J. Stat. § 52:7-15, a notary public duly commissioned and qualified is authorized to perform his/ her duties throughout the state of New Jersey.  Duly commissioned and qualified notary public on request receives from the concerned clerk of the county competent certificates of his/her commission and qualification for filing with other county clerks of the state of New Jersey.  On receiving certificates the notary public can present the certificate together with his/ her autograph signature to the county clerks[v].

Pursuant to N.J. Stat. § 52:7-17, the Secretary of State should by regulation fix a fee to be charged for the costs of printing and distribution of the manual prescribing the powers, duties and responsibilities of a notary.

Pursuant to N.J. Stat. § 52:7-18, a notary adopting a new name different from that which s/he used at the time of commission should make and sign a statement in writing and under oath on a form prescribed and furnished by the Secretary of State, setting out the circumstances under which s/he has adopted the new name.  The statement should be made before signing a document which s/he is authorized or required to sign as notary public.  The statement should set forth information required by the secretary.  The statement should be filed in the office of the Secretary of State and in the office of the clerk of the county where the notary public is qualified as a notary public and in the office of the clerk of the county in which s/he filed a certificate of commission and qualification.  The statement or a certified copy is evidence of the right of the notary public to continue to exercise the powers and privileges; and perform the duties of a notary public in changed and new name[vi].

Pursuant to N.J. Stat. § 52:7-19, a notary public in addition to subscribing his/her autograph signature to any jurat upon the administration of any oath or the taking of an acknowledgement or proof, should affix his/ her name.   The name can be fixed in a manner which enables the Secretary of State easily to read the name.  The name can be fixed by printing, typing, impressing by seal or mechanical stamp[vii].

Pursuant to N.J. Stat. § 52:7-20, a person convicted under the laws of the state of New Jersey of an offense involving dishonesty or of a crime of the second degree or above should not be appointed a notary public in the state of New Jersey.

Pursuant to N.J. Stat. § 52:7-21, a person convicted under the laws of another state, or of the U.S. of an offense or crime involving dishonesty or which, if committed in the state of New Jersey would be a crime of the second degree or above, should not be appointed as a notary public in the state of New Jersey.

[i] N.J. Stat. § 52:7-11.

[ii] Id

[iii] N.J. Stat. § 52:7-14.

[iv] Id.

[v] N.J. Stat. § 52:7-15.

[vi] N.J. Stat. § 52:7-18.

[vii] N.J. Stat. § 52:7-19.


Inside New Jersey Laws on Notaries Public