Remote notary bill advances

The Senate Budget and Appropriations Committee voted favorably on S-2508(Gopal)/A-4250 (Downey), which would significantly update the law concerning notaries and notarial acts, and authorizes electronic notarization of certain documents. The bill is headed for a full vote on the amendments in both houses.

"This bill facilitates the notarization process without sacrificing the indicia of reliability and safeguards in place to ensure that the execution of a document is valid," the New Jersey State Bar Association (NJSBA) said in its written remarks in support of the bill.

The legislation adds requirements for notaries to complete a course of study and continuing education in order to maintain their notary commission. Attorneys and attorneys who are notaries would not be required to complete this course. The bill also allows for electronic notarization of certain documents that were previously not permitted to be notarized electronically. Certain documents under the Uniform Commercial Code and documents relative to adoptions, divorces or other matters of family law may be notarized electronically. The bill maintains the current status of the law regarding notarization of wills and codicils, permitting remote ink notarization, but not remote online notarization. These documents will still require a wet ink signature to be presented to a surrogate; however, they may be signed using remote technology to witness the signature.