New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 50 - NOTARY PUBLIC RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17:50-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
"Acknowledgment" means a declaration by an individual before
				  a notarial officer that the individual has signed a record for the purpose
				  stated in the record and, if the record is signed in a representative capacity,
				  that the individual signed the record with proper authority and signed it as
				  the act of the individual or entity identified in the record.
"Electronic" means relating to technology having electrical,
				  digital, magnetic, wireless, optical, electromagnetic, or similar
				  capabilities.
"Electronic signature" means an electronic symbol, sound, or
				  process attached to, or logically associated with, a record and executed or
				  adopted by an individual with the intent to sign the record.
"In a representative capacity" means acting as:
1. An authorized officer, agent, partner, trustee, or other
				  representative for a person other than an individual;
2. A public officer, personal representative, guardian, or
				  other representative, in the capacity stated in a record;
3. An agent or attorney-in-fact for a principal; or
4. An authorized representative of another in any other
				  capacity.
"Non-attorney applicant" means an applicant for an initial or
				  renewal commission as a notary public who is not also a licensed
				  attorney-at-law in this State.
"Notarial act" means an act, whether performed with respect
				  to a tangible or electronic record, that a notarial officer may perform under
				  the laws of New Jersey. The term includes:
1. Taking an acknowledgement;
2. Administering an oath or affirmation;
3. Taking a verification on oath or affirmation;
4. Witnessing or attesting a signature;
5. Certifying or attesting a copy or deposition; and
6. Noting a protest of a negotiable instrument.
"Notarial journal" means a compendium of each notarial act
				  performed by a notary public and should include the:
1. Date and time of the notarial act;
2. Type of notarization;
3. Date of document notarized;
4. Type of document;
5. Identification provided as proof of identity;
6. Document signer's printed name;
7. Document signer's address;
8. Document signer's signature; and
9. Any other relevant information related to the notarial
				  act.
"Notarial officer" means a notary public or other individual
				  authorized by law to perform a notarial act.
"Notary public" means an individual commissioned by the State
				  Treasurer to perform a notarial act.
"Official stamp" means a physical image affixed to or
				  embossed on a tangible record or an electronic image attached to, or logically
				  associated with, an electronic record.
"Person" has the meaning ascribed to it at
				  N.J.S.A.
				  1:1-2.
"Record" means information that is inscribed on a tangible
				  medium or that is stored in an electronic or other medium and is retrievable in
				  perceivable form.
"Sign" means, with present intent to authenticate or adopt a
				  record to:
1. Execute or adopt a tangible symbol; or
2. Attach to, or logically associate with, the record an
				  electronic symbol, sound, or process.
"Signature" means a tangible symbol or an electronic
				  signature that evidences the signing of a record.
"Stamping device" means:
1. A physical device capable of affixing to, or embossing, on
				  a tangible record an official stamp; or
2. An electronic device or process capable of attaching to,
				  or logically associating with, an electronic record an official stamp.
"Verification on oath or affirmation" means a declaration,
				  made by an individual on oath or affirmation before a notarial officer, that a
				  statement in a record is true.