New law allows remote attorneys to notarized Wills, Power of Attorney, ...

 New law allows remote attorneys and notaries to notarized Wills, Power of Attorney, Deeds & documents seen signed over webcam during Public Health Emergency and State of Emergency declared by Governor in Executive Order 103 of 2020. 

STATEMENT TO ASSEMBLY, No. 3903 

ADOPTED: APRIL 13, 2020 

    This bill allows, for the duration of the public health emergency and state of emergency declared by the Governor in Executive Order 103 of 2020, an Attorney or notary public appointed pursuant to the provisions of the "Notaries Public Act of 1979,” P.L.1979, c. 460 (C.52:7-10 et seq.), or otherwise qualified and commissioned as a notary public in this State to perform notarial acts using communication technology for a remotely located individual. 

       These floor amendments provide that, in addition to being performed by notaries public, notarial acts using communication technology for a remotely located individual could be performed by an officer authorized to take oaths, affirmations, and affidavits under R.S.41:2-1 or to take acknowledgements under R.S.46:14-6.1. 

The officers authorized to take acknowledgements under R.S.46:14-6.1 are: 

·       -  attorneys-at-law; 

·       -  notaries public; 

·       -  county clerks and deputy county clerks; [but office is closed]

·       -  registers of deeds and mortgages and deputy registers; 

·       -  surrogates and deputy surrogates…..

   The officers authorized to take oaths, affirmations and affidavits under R.S.41:2-1 are: 

- the Chief Justice of the Supreme Court, any of the justices of the Supreme Court, or judges of Superior Court or other courts of record of this State; 

- municipal court judges;
- clerks of all courts;
- members of county boards of chosen freeholders, and their 

clerks;
- county surrogates, registers of deeds and mortgages, county 

clerks and their deputies;
- county sheriffs;
- mayors or aldermen of cities, towns or boroughs or 

commissioners of commission-governed municipalities;
- municipal clerks;
- members of the State Legislature;
- attorneys-at-law and counselors-at-law of this State; and 

- certified court reporters, as defined in section 10 of P.L.1940, c.175 (C.45:15B-10). 

    The bill as amended would not apply to a record to the extent it is governed by: 

(1) the “Uniform Commercial Code,” N.J.S.12A:1-101 et seq, other than N.J.S.12A:1-107, N.J.S.12A:1-206, the provisions of the “Uniform Commercial Code – Sales,” chapter 2 of Title 12A of the New Jersey Statutes, and the provisions of the “Uniform Commercial Code – Leases,” chapter 2A of Title 12A of the New Jersey Statutes; or; 

(2) a statute, regulation, or other rule of law governing adoption, divorce or other matters of family law.