N.J. Admin. Code § 17:50-1.16 - Requirements for electronic notarization

(a) With the exception of wills, codicils, and testamentary trusts, a notarial officer located in this State may perform a notarial act using a tamper-evident technology if the individual requesting the act appears in person before the notarial officer at the time of the act and the officer:

1. Obtains a satisfactory form of identification for the individual pursuant to N.J.A.C. 17:50-1.13; and

2. After executing the notarial act, completes an electronic certificate with an electronic signature and stamp, including all elements required at N.J.A.C. 17:50-1.13, and attaches the certificate and stamp to, or logically associates the certificate and stamp with, the notarized record.

(b) Before a notary public performs the notary public's initial notarial act with respect to an electronic record, the notary public shall notify the State Treasurer electronically at www.nj.gov/njbgs that the notary public will be performing notarial acts with respect to electronic records and identify the technology that the notary public intends to use.

(c) The notarial officer shall ensure that the officer's electronic signature stamp is reliable. To be considered reliable, an electronic signature and stamp must be:

1. Unique to the notarial officer;

2. Capable of independent verification;

3. Retained under the notary public's sole control; and

4. Attached to, or logically associated with, the electronic document in a tamper-evident manner.

(d) The notary public shall not disclose any access information used to affix the electronic notary's signature and seal, except when requested by law enforcement, the courts, and with reasonable precautions, electronic document preparation, and transmission vendors.

Notes

N.J. Admin. Code § 17:50-1.16

Adopted by 54 N.J.R. 268(b) effective 2/7/2022