52:7-10.10 Notarial act performed by remotely located individual.
19. Notarial Act Performed by Remotely Located Individual.
a. As used in this section:
(1) "Communication technology" means an electronic device or process that:
(a) allows a notarial officer and a remotely located individual to communicate with each other simultaneously by sight and sound; and
(b) when necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment.
(2) "Foreign state" means a jurisdiction other than the United States, a state, or a federally recognized Indian tribe.
(3) "Identity proofing" means a process or service by which a third person provides a notarial officer with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources.
(4) "Outside the United States" means a location outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory, insular possession, or other location subject to the jurisdiction of the United States.
(5) "Remotely located individual" means an individual who is not in the physical presence of a notarial officer performing a notarial act under subsection c.
b. This section does not apply to a record to the extent it is governed by a law governing the creation and execution of wills or codicils, except that subsections e., f., g., and h. of this section shall apply to notarial acts performed on a tangible record that is governed by a law governing the creation or execution of wills and codicils.
c. A remotely located individual may comply with section 18 of P.L.2021, c.179 (C.59:7-10.9) and subsections a. and b. of R.S.46:14-2.1 by using communication technology to appear before a notarial officer.
d. A notarial officer located in this State may perform a notarial act using communication technology for a remotely located individual if:
(1) the notarial officer:
(a) has personal knowledge pursuant to paragraph (1) of subsection f. of section 17 of P.L.2021, c.179 (C.59:7-10.8) of the identity of the individual;
(b) has satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notarial officer pursuant to paragraph (2) of subsection f. of section 17 of P.L.2021, c.179 (C.59:7-10.8.) or using communication technology to appear before the notarial officer pursuant to this section; or
(c) has obtained satisfactory evidence of the identity of the remotely located individual by using at least two different types of identity proofing;
(2) the notarial officer is able reasonably to confirm that a record before the notarial officer is the same record in which the remotely located individual made a statement or on which the remotely located individual executed a signature;
(3) the notarial officer, or a person acting on behalf of the notarial officer, creates an audio-visual recording of the performance of the notarial act; and
(4) for a remotely located individual who is located outside the United States:
(a) the record:
(i) is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or
(ii) involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and
(b) the act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located.
e. A notarial officer in this State may use communication technology under subsection d. of this section to take an acknowledgement of a signature on a tangible record that is in the possession of the notary public if the record is displayed to and identified by the remotely located individual during the audio-visual session required by paragraph (3) of subsection d. of this section.
f. A notarial officer's obligation under paragraph (2) of subsection d. of this section for the performance of a notarial act with respect to a tangible record not physically present before the notarial officer is satisfied if:
(1) the remotely located individual:
(a) during the audio-visual session required by paragraph (3) of subsection d. of this section, signs:
(i) the record; and
(ii) a declaration, substantially in the following form, which is part of or securely attached to the record:
"I declare under penalty of perjury that the record to which this declaration is attached is the same record on which performed a notarial act and before whom I appeared by means of communication technology on [date].
_____________________ Printed name of remotely located individual
_____________________ Signature of remotely located individual"; and
(b) sends the record and declaration to the notarial officer not later than three days after the notarial act was performed; and
(2) the notarial officer:
(a) in the audio-visual recording required by paragraph (3) of subsection d. of this section, records the individual signing the record and declaration; and
(b) after receipt of the record and declaration from the individual, executes the certificate of notarial act required by section 13 of P.L.2021, c.179 (C.59:7-10.19), which must include the following statement or words of similar import:
"I [name of notarial officer] witnessed, by means of communication technology, [name of remotely located individual] sign the attached record and declaration on [date]".
g. A notarial act performed in compliance with subsection f. of this section complies with paragraph (1) of subsection a. of section 13 of P.L.2021, c.179 (C.59:7-10.19) and is effective as of the date on which the declaration was signed by the remotely located individual.
h. Subsections f. and g. of this section are not intended to exclude other procedures to satisfy the requirements of this section for a notarial act performed with respect to a tangible record.
i. A notarial officer in this State may administer an oath to a remotely located individual using communication technology. Except as required or permitted by rule or law of this State, the notarial officer shall identify the individual under paragraph (1) of subsection d. of this section, create an audio-visual recording under paragraph (3) of subsection d. of this section of the individual taking the oath, and preserve a copy of the audio-visual recording under subsection l. of this section.
j. If a notarial act is performed under this section, the certificate of notarial act required by section 10 of P.L.1979, c.460 (C.52:7-19), the certificate required by section c. of R.S.46:14-2.1, or the short-form certificate provided in section 21 of P.L.2021, c.179 (C.59:7-10.12) must indicate that the notarial act was performed using communication technology.
k. A short-form certificate provided in section 21 of P.L.2021, c.179 (C.59:7-10.12) for a notarial act subject to this section is sufficient if it:
(1) complies with any rules or regulations adopted by the State Treasurer under paragraph (1) of subsection o. of this section or section 29 of P.L.2021, c.179 (C.59:7-10.20); or
(2) is in the form provided by section 21 of P.L.2021, c.179 (C.59:7-10.12) and contains a statement substantially as follows: "This notarial act involved the use of communication technology."
l. A notarial officer, a guardian, conservator, or agent of a notarial officer, or a personal representative of a deceased notarial officer, shall retain the audio-visual recording created under paragraph (3) of subsection d. of this section or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by any rule or regulation adopted by the State Treasurer under paragraph (4) of subsection o. of this section, the recording must be retained for a period of at least 10 years after the recording is made.
m. Before a notary public performs the notary public's initial notarial act under this section, the notary public must notify the State Treasurer that the notary public will be performing such notarial acts and identify the technologies the notary public intends to use.
n. If the State Treasurer has established standards under subsection i. of this section and section 29 of P.L.2021, c.179 (C.59:7-10.20) for approval of communication technology or identity proofing, the communication technology and identity proofing must conform to those standards.
o. In addition to adopting rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) under section 29 of P.L.2021, c.179 (C.59:7-10.20), the State Treasurer may adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) under this section regarding the performance of a notarial act. The rules and regulations may:
(1) prescribe the means of performing a notarial act involving a remotely located individual using communication technology;
(2) establish standards for communication technology and identity proofing;
(3) establish requirements or procedures to approve providers of communication technology and the process of identity proofing;
(4) establish standards and a period for the retention of an audio-visual recording created under paragraph (3) of subsection d. of this section; and
(5) prescribe methods for confirmation of a tangible record by a notarial officer permitted under subsection e. of this section.
p. Before adopting, amending, or repealing a rule or regulation governing performance of a notarial act with respect to a remotely located individual, the State Treasurer must consider:
(1) the most recent standards regarding the performance of a notarial act with respect to a remotely located individual promulgated by national standard-setting organizations such as the Mortgage Industry Standards Maintenance Organization and the recommendations of the National Association of Secretaries of State;
(2) standards, practices, and customs of other jurisdictions that have laws substantially similar to this section; and
(3) the views of governmental officials and entities and other interested persons.
q. (1) A notarial officer may perform a notarial act using communication technology for a remotely located individual that meets the requirements of section 19 of P.L.2021, c.179 (C.59:7-10.10) and subsections a. and b. of R.S.46:14-2.1 regardless of whether the remotely located individual is physically located in this State.
(2) A notarial act performed using communication technology for a remotely located individual is deemed performed in New Jersey and is governed by New Jersey law.
r. It is the intent of the Legislature that, to the fullest extent allowed by the Full Faith and Credit Clause of the United States Constitution and the laws of the 50 states and the District of Columbia, a notarial act performed in this State shall be recognized, be enforceable, and have the same effect under the law of the 50 states as if performed by a notarial officer of those jurisdictions.
s. By allowing its communication technology or identity proofing to facilitate a notarial act for a remotely located individual or by providing storage of the audio-visual recording created under paragraph (3) of subsection d. of this section, the provider of the communication technology, identity proofing, or storage appoints the State Treasurer as the provider's agent for service of process in any civil action in this State related to the notarial act.
L.2021, c.179, s.19.