Original signatures are still required on documents intended for recording, such as deeds-which means that even with a remote notarization, pieces of paper still must be transmitted from a signer to a notary and then elsewhere. The new law has no provision authorizing remote witnessing of documents, such as wills, that require witnesses rather than a notary. While remote notarization may be convenient in some cases, an in-person document execution while observing social distancing may be a better option in many others. Remote notarization can be used for most documents, including estate planning documents, but cannot be used for certain documents governed by the Uniform Commercial Code or for any documents related to adoption, divorce or other family law matters. or involve property located within the U.S., and (ii) the act of signing the document is not prohibited by the foreign jurisdiction where the individual is located. during this period, remote notarization can be used if (i) the document is related to matters that fall within the jurisdiction of the U.S. The notary or officer must also include a special annotation in the acknowledgment section of the document indicating that the document was signed using "communication technology."įor individuals located outside the U.S. The notary or officer can reasonably confirm that the document before the notary or officer is the same one that the individual signed.The notary or officer must have either personal knowledge of the individual's identity or satisfactory evidence of the individual's identity from sources such as a driver's license, passport or other identifying proof from a third party.The notary or officer must record the signing and maintain this recording for a period of 10 years. For many, that means using FaceTime or other videoconferencing web- or app-based services such as Zoom or WebEx. The notary or officer and the individual must be able to communicate electronically in real time with sight and sound capabilities.The bill permits a New Jersey notary public, or an officer authorized in New Jersey to take oaths and acknowledgments (such as a New Jersey attorney), to notarize documents for an individual who is located remotely, provided that certain requirements are met: Murphy rescinds the public health emergency order, Executive Order 103, currently in effect. The bill is effective immediately but is set to expire when Gov. Phil Murphy signed into law Assembly Bill 3903, temporarily allowing remote notarization of documents during the COVID-19 public health emergency.
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