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NJ Notary Public Administrative Rules (2022)

Rule/Regulation

State: New Jersey
Signed: January 11, 2022

Effective: January 11, 2022
Chapter: N/A

Summary
In response to public comments, the New Jersey State Treasurer adopts permanent Notary rules with one change from the Special Rules published on September 16, 2021.

Affects
Adopts permanently Sections 1.11 through 1.18 and amends Section 1.14(g)(3)(ii) of Title 17, Chapter 50, Subchapter 1 of the New Jersey Administrative Code.

Changes
  1. Adopts all special rules previously adopted on September 16, 2021, without change.
  2. Authorizes a Notary who performs a remote notarization to verify the identity of a remotely located individual through the Notary's personal knowledge of the individual or the methods of identity proofing specified in NJAC 17:50-1.14(g)(3)(ii).
Analysis

Last fall, the New Jersey State Treasurer, the commissioning official for New Jersey Notaries Public, adopted special emergency rules to implement the Revised Uniform Law on Notarial Acts enacted through Public Act 2021-179 (A 4250). At the same time that the special emergency rules were adopted, the State Treasurer published for public comment the same set of rules with the intent to make them permanent. Following the public comment period, the State Treasurer now adopts these rules “permanently” with one change – clarifying that a Notary Public who uses communication technology to perform a notarial act for a remotely located individual may use the Notary’s personal knowledge of that individual as the basis for verifying the individual’s identity. The rules replace the special emergency rules and are effective until they expire on January 11, 2029.

To read the text of the special rules, go to the free access provided by LexisNexis at http://www.lexisnexis.com/hottopics/njoal/. Click on 2022 > February > February 7, 2022 > Rule Adoptions > Treasury—General – Division of Revenue and Enterprise Services > 54 N.J.R 268(b).

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