NJ Administrative Rules (2014)
Rule/Regulation
Effective: November 03, 2014
Summary The New Jersey State Division of Archives and Records Management has published administrative rules to govern the electronic recording of real property documents. Included in the electronic recording rules is a provision requiring electronic land title documents to be notarized in conformance with the New Jersey Uniform Electronic Transactions Act.
AffectsAdds Sections 15:3-9.1 through 15:3-9.13 to the New Jersey Administrative Code.
Changes - Provides that an electronic document submitted for electronic recording in New Jersey must be notarized in conformance with Section 12A:12-11 of the New Jersey Statutes Annotated.
- Clarifies that a county recorder has no duty to verify or authenticate a Notary’s electronic signature.
AnalysisThe New Jersey State Division of Archives and Records Management has published administrative rules for electronic recording of real property documents. A law change in 2011 enabled recorders in New Jersey to implement electronic recording systems and directed the Division of Archives and Records Management to establish technical requirements and regulations to implement electronic recording. A rule requires electronic land title documents to be notarized in conformance with the New Jersey Uniform Electronic Transactions Act (UETA). Under the UETA, a Notary is authorized to use electronic signatures, but the statute provides no additional standards for how Notaries are to electronically sign real property documents, except to say that any information required to be included in a notarial act on a paper document (for example, the Notary’s name and commission expiration date as NJSA 52:7-19 requires) must also be included in a notarial act performed on an electronic document. The new rules also clarify that a county recorder in New Jersey has no responsibility to verify or authenticate the electronic signature of a Notary.
To read the administrative rules, download the PDF below.