The Legal Framework: How New Jersey Authorizes and Regulates Online Notarization

P.L. 2017, c. 159 β€’ Electronic Seal β€’ Video Recording β€’ Legal Equivalence

Remote Notarization: Legally Equivalent, Digitally Executed
2017

NJ Notary Public Act enacted

10

Years recording retention

100%

Legal equivalence

24/7

Online notary availability

πŸ“œ New Jersey was a national pioneer when it enacted P.L. 2017, c. 159β€”the "New Jersey Notary Public Act"β€”establishing a permanent legal framework for Remote Online Notarization (RON).

This law grants an electronic seal the same legal weight as a physical impression. Understanding this statutory framework ensures that documents notarized online are accepted by courts, financial institutions, and government agencies with full confidence.

βš–οΈ The Authorizing Statute

New Jersey Notary Public Act (P.L. 2017, c. 159)

Effective July 1, 2018, this law authorized notaries public commissioned in New Jersey to perform Remote Online Notarizations (RON) using communication technology.

N.J.S.A. 52:16B-1 et seq.

βœ… Electronic Seal

βœ… Remote Appearance

βœ… Audio-Visual Recording

βœ… Digital Tamper-Evident

πŸ“Ή Recording Requirements (N.J.S.A. 52:16B-12.2)

🎬 What Must Be Recorded

  • β€’ Entire notarization session
  • β€’ Identity verification process
  • β€’ Document review
  • β€’ Signing and sealing
  • β€’ Oath or affirmation

⏳ Retention & Access

10 Years

Recording must be retained for a minimum of 10 years from the date of notarization.

Available for inspection by the State Treasurer or Attorney General.

πŸ”’ Security Standards

  • β€’ Tamper-evident technology
  • β€’ Encrypted transmission
  • β€’ Secure storage
  • β€’ Audit trail required

πŸ“ New Jersey-Specific Requirements

Notary Location

The notary must be physically located within New Jersey at the time of online notarization.

The signer may be located anywhere in the world.

Notary Commission

Notaries must hold a valid New Jersey notary commission. No additional registration for online notarization is required under NJ law, but notaries must use an approved technology platform.

Acceptance: New Jersey online notarizations are recognized by all New Jersey state agencies, including the Department of Treasury and the Division of Revenue.

πŸ“‹ Legal Equivalence: Key Provisions

πŸ“‘ Admissibility

An electronic notarization satisfies any law requiring a notarized document. Courts cannot deny admission solely because it is electronic.

πŸ–‹οΈ Signatures

Electronic signatures applied during a RON session have the same legal effect as wet-ink signatures.

πŸ” Presumption

Courts presume an electronic notarization is valid and regular. Burden of proof is on the party challenging it.

Notary liability: Online notaries are subject to the same duties, penalties, and bonding requirements as traditional notaries. Improper notarization can result in commission revocation and legal liability.

βœ… Quick Compliance Checklist

βœ“ Notary located in NJ

βœ“ Two-way audio-video

βœ“ Credential analysis

βœ“ 10-year recording retention

βœ“ Tamper-evident seal

βœ“ Audit trail maintained

Fully Compliant, Fully Remote

Digital Notary conducts all online notarizations in strict accordance with P.L. 2017, c. 159. Every session is recorded, every identity is verified, and every electronic seal carries the full authority of New Jersey law.

New Jersey tip: P.L. 2017, c. 159 does not require signers to be New Jersey residents. A NJ notary can notarize documents for signers anywhere in the world, as long as the notary is physically in New Jersey during the session.