In general, I recommend using faxed documents for signing and notarization only if there is an urgent need. Northern NJ Notary has simple paper fax facilities (letter and legal size) and we can help customers who need to receive fax documents for signature. The main purpose of notarial certification is to prevent fraud. The notary assists in the signing of legal documents and contributes to the protection of the legal rights of persons whose signature is notarized. The notary must ensure that the people who sign a document are who they claim to be and willingly sign the document. Yes. As with the use of documents by fax, a prepared but unsigned document form can be sent by e-mail or over the Internet. Upon receipt, the document must be printed on durable paper and then signed in the presence of the notary. After signature and notarization, the original must be physically delivered to the applicant or recipient. A notarized document that is scanned, faxed or copied is rarely acceptable as a legal document.
Occasionally, the completed notarized document is sent to the applicant by fax or email for information or status purposes. Ultimately, however, the original signed document must be delivered by mail or by hand. The coronavirus pandemic has changed a lot of things, but one particular change was about how documents should be notarized during the pandemic. In some circumstances, hospitalized people wanted to issue important documents such as wills and trusts during their quarantine and could not visit lawyers and notaries to execute their legal documents. A new law allows New Jersey notaries to certify electronic or physical documents remotely. There are many types of documents that require a notary`s testimony to be accepted or considered legally binding. Usually, when notarial attestation is required, the document contains a section that a notary must complete. Examples of documents that usually need to be notarized include: Wills are unique documents because it is necessary to prove not only that a testator signed the document, but also because it must be proven that it was executed while the testator was competent and not under the threat of undue influence or coercion. There has been a tendency to allow less “formalities” in the creation of wills and wills or codicils in many states, including New Jersey. For example, the 2005 revision of the New Jersey Estates Act included the provision “Writing intended to serve as a will” in N.J.S.A. 3B:3-3.
It allows the acceptance of a “foreseen” letter as a will, even if it is not executed in accordance with the more formal enforcement requirements of N.J.S.A. 3B:3-2. However, for the “testamentary letter” provision to apply, it must be demonstrated by clear and convincing evidence that the deceased intended the document to be a will, a revocation of the will, an amendment to the will, or a rebirth of a previously revoked will. One difficulty with the Electronic Wills Act is that it is much more difficult to recall the revocation of a previously executed electronic will than by a timestamp of a new will that is accepted and revokes the previous electronic will. The 2020 provisional law introduced several tests to verify a person`s identity. According to the law, the parties must be able to communicate with each other simultaneously through image and sound. The “communication technology” used in the remote authentication process must take into account visual, voice or hearing impairments and must be live and interactive with direct communication. In the event that the notary did not know the applicant personally, the applicant had to present a passport, a driver`s license or a non-driver`s license and a second state identity document. The law also allowed a known third party to verify the identity of the removed person. In addition, the notary had to be able to reasonably confirm that the notarized document was the same document that the person had signed.
Finally, according to the provisional law, the notarial certification had to indicate that the remote certification was carried out under the temporary provisions and that the notary was required to keep the video file for ten years after the execution. One of the many changes across the country as a result of the coronavirus pandemic has been the approval of remote certification of documents in many states, including New Jersey. What was once conceived as a temporary law in New Jersey has now become permanent. While it may be a year before the state treasurer updates his training requirements records and revises the manual to include instructions on remote certification, the institution of remote online notarization (RON) of documents and remote ink certification (INR) of wills and codicils is already a welcome change. A fax or photocopy can only be notarized if it bears an original signature. That is to say, it must have been transmitted in the form of an unsigned document and signed in pencil and ink in the presence of the notary. To protect the signatories of the document, a photocopied or faxed signature must never be notarized. Note that some public recorders do not accept notarized signatures on faxed or photocopied pages, as they are often unreadable (p.B during microfilming, photocopying, scanning, etc.). If a document has been faxed on glossy (thermal) paper, the fax must be photocopied to bond paper and this copy must then be signed and notarized, as printing on thermal paper often turns into illegibility. When copies are made, the notary is sometimes asked to adjust the copies instead of notarizing them.
To personalize a copy, the notary must affix his official seal to the copy (carbon usually does not easily transfer a seal imprint) and write “True copy” prominently on the copy. A notary is a public official who serves as an impartial witness to sign and confirm signatures on documents. A notary can also take an oath and confirm. A duly appointed notary in New Jersey is authorized to provide notarial services throughout the state of New Jersey. A notary is a ministerial officer and is not authorized to draft or prepare legal documents unless he or she is also a lawyer. Certifications and apostilles are documents issued by the state that certify the legal status of selected notaries and civil servants. They are often used in transactions involving international exchanges of documents, including adoption transactions. An apostille is provided if a country that has signed the Hague Treaty is involved in the transaction.
In New Jersey, the Division of Revenue processes applications for certifications or apostilles. More information can be found on the website. Northern NJ Notary can assist in the certification and certification of documents for international adoption and business. In addition, the Uniform E-Commerce Act explicitly excluded a large number of transactions, in particular wills, codicials and testamentary trusts. N.J.S.A 12A:12-3 (b)(1). These types of documents cannot be signed electronically under the Uniform Electronic Transactions Act. Due to critical needs during the pandemic, the New Jersey Legislature acted quickly to temporarily approve the “removed” notarization under P.L. 2020 Ch. 26. The 2020 interim law allowed “remote ink notarization” (RIN), which allowed a notary to use “communication technologies” such as Zoom, Skype or Microsoft Teams to remotely certify an applicant`s signature. The NIR requires a wet signature from the applicant, but allows the notary to be “present” remotely in front of the applicant at the time of signing.
RIN can be compared to remote online notarization (RON), where the signature itself is an electronic format and notarization is performed remotely. The 2020 interim law is expected to take effect only during the “public health emergency” and “state of emergency” caused by the coronavirus pandemic, and is expected to expire at the end of Governor 103`s emergency order. Electronic signatures were used in New Jersey for twenty years after the Uniform Electronic Transactions Act N.J.S.A. 12A:12-1, and. Seq. with regard to certain documents. However, remote authentication is different from an electronic signature, and therefore the Uniform Electronic Transactions Act has done nothing to allow remote authentication. Therefore, the temporary law of 2020 on remote certification and then the permanent law promulgated in 2021 were necessary to allow notaries to certify documents remotely. It should be noted that according to the new law, like the previous provisional law, witnesses cannot be dismissed, but only the notary. With regard to wills, both witnesses are therefore required to meet the requirements for the enforcement of wills described in the N.J.S.A. .