New Jersey Governor Murphy recently signed Senate Bill No. 2336 which authorizes remote notarization during the Covid-19 Health Emergency and the State of Emergency declared by the Governor’s Executive Order 103 of 2020.   

Effective immediately and until Governor’s Order 103 is rescinded, a notary public or authorized officer shall be permitted to take an oath, affirmation, or affidavit by using communication technology. The new law also allows a notary public or authorized officer to witness the execution of documents by utilizing communications technology.  

As we continue to exercise social distancing in order to help flatten the curve, we may now move forward on completing  transactions which require notarial acts, including but not limited to:  signing legal documents in real estate  transactions, such as a deed and mortgage;  executing wills, codicils and powers of attorney; executing court-related documents, such as pleadings, affidavits and settlement documents; conducting depositions and hearings which may require an oath or affirmation; and signing various governmental applications.  

In order to utilize remote notarization, the new law requires a notary or authorized officer to: (1) verify the remotely located individual by a credible witness or by two forms of identity-proofs; (2) provide a certification to document the use of remote notarization; and (3) record and retain an audio-video of the transaction for a period of 10  years.  The new legislation also authorizes the State Treasurer, in its sole discretion, to adopt standards for use of communication technology, identity verification, and audio-video retention requirements.

Should you have any questions please feel free to contact Anthony C.  Iacocca, Esq. of Hoagland Longo Moran Dunst & Doukas, LLP at aiacocca@hoaglandlongo.com or 732-545-4434 ext. 5996. Be well and stay safe.