Signed by Governor Phil Murphy

Vote Smart's Synopsis:

Vote to pass a bill that authorizes remote online notarizations and mandates education courses for notary publics.

Highlights:

• Defines “electronic signature” as an electronic symbol, sound, or process attached to, or logically associated with, a record and executed or adopted by an individual with the intent to sign the record (Sec. 2.c).

• Specifies this act applies in the following ways (Sec. 3.a):

• electronic records and electronic signatures relating to a transaction; and

• This act does not apply to a transaction to the extent it is governed by:

• A law governing the creation and execution of wills, codicils, or testamentary trusts;

• The Uniform Commercial Code; or

• A statute, regulation, or another rule of law governing adoption, divorce, or other matters of family law.

• Requires the State Treasurer to prescribe and administer an examination to determine the fitness of an applicant to exercise the functions of a notary public. The examination will (Sec. 17.a): 

• Be based on the statutes, rules, regulations, procedures, and ethical requirements for notaries public as described in the manual issued by the State Treasurer; and 

• Include the requirements, functions, duties, and responsibilities of a notary public. 

• Requires any notary public, after having been duly commissioned and qualified, to, upon request, receive from the clerk of the county where he has qualified, as many certificates of his commission and qualification as he shall require for filing with other county clerks of this State, and upon receipt of such certificates the notary public may present the same, together with his autograph signature, to such county clerks as he may desire, for filing (Sec. 6.b).

• Requires the State Treasurer to maintain a manual on the Department of the Treasury's website that sets forth the requirements, functions, duties, and responsibilities of a notary public. The manual shall include, but not be limited to, the statutes, rules, regulations, procedures, and ethical requirements governing a notary public (Sec. 9.a).

• Requires the State Treasurer to prescribe an application form and certificate of approval for any notary public course of study and any notary public continuing education course proposed by a provider. The State Treasurer may also provide a notary public course of study and continuing education course (Sec. 12.d).

• Requires the state Treasurer to prescribe an examination to determine the fitness of a non-attorney applicant to exercise the functions of a notary public. The examination will (Sec. 37.b): 

• Be based on the statutes, rules, regulations, procedures, and ethical requirements for notaries public as described in the manual issued by the State Treasurer; and 

• Include the requirements, functions, duties, and responsibilities of a notary public.

• Requires notary public, after having been duly commissioned and qualified, shall, upon request, receive from the clerk of the county where the notary public has qualified, as many certificates of commission and qualification as the notary public shall require for filing with other county clerks of this State, and upon receipt of such certificates the notary public may present the same, together with the notary public's autograph signature, to such county clerks as the notary public may desire, for filing (Sec. 6.b).

Full Bill Text