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

watch video at https://www.youtube.com/watch?v=uHXZga7pQWM

During 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 – 

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

According to National Law Review The one persistent exception to this was for transactions that required one or more of the documents to be notarized, most often in the context of real estate conveyances. Any such document needed to be signed in the physical presence of a notary or, at least in New Jersey, an attorney admitted to practice in New Jersey.

      During the current COVID-19 pandemic, what had previously been just a minor inconvenience became a major headache. Many bank branches where a notary was typically present to provide those services are now closed. Many attorneys are working from home, as are the persons expected to sign the document or documents in question. In response, on April 13, 2020, the New Jersey Legislature sent Governor Murphy Assembly Bill No. 3903. The Governor signed the bill the following day and it is now law.

What Applies?

The new law allows public notaries and New Jersey attorneys to notarize documents for remotely located individuals provided a number of requirements are satisfied:

     Satisfactory Evidence of Identity. For individuals not personally known to the notary or attorney, there needs to be “satisfactory evidence” of identity, typically a passport or driver’s license or other “identity proofing” provided by a third party.

      Reasonable Confirmation of Identical Record. The notary or attorney must reasonably confirm that the document being notarized is the same one that was signed.

   Technology Requirements. The goal is for individuals to sign documents at home or any other location with suitable hardware and connectivity. The notary or attorney must be able to watch through Facetime, Zoom, or other video services that allow for recording. The notary or attorney must create a recording of the signing and save the recording for ten years.

Special Annotation. The documents will need to contain an annotation that the notarization was done remotely.

There are additional requirements for individuals who are located outside of the United States at the time of signing.

      What Does Not Apply?

The new procedures do not apply to certain documents that are governed by the Uniform Commercial Code, or for any matter relating to adoption, divorce, or other matters of family law. source https://www.natlawreview.com/article/...