What a notary does
A notary public confirms who a signer is, checks that the signer understands what they are signing and is signing willingly, and records the act. In New Jersey the acts include acknowledgments, oaths and affirmations, jurats, witnessing or attesting a signature, and certifying copies in the cases the law allows.
The notary's job is the signature and the identity behind it. The notary is not vouching that the contents of the document are true or fair.
What a notary cannot do
A notary who is not an attorney cannot give legal advice, choose which kind of notarization your document needs, or draft or explain your legal documents for you. If the paperwork does not say which notarial certificate it wants, the signer has to decide, usually after asking whoever requested the document.
A notary should not notarize a document that is incomplete or has blank pages, and should not notarize one in which the notary, a spouse or a civil union partner is a party or has a direct beneficial interest.
A notary cannot notarize a signature without the signer being present, in person or through an approved remote process. Signing in advance is fine for some acknowledgments only if the signer then confirms the signature to the notary, so bring the document and the signer together.
Identification
The signer has to be identified, either because the notary personally knows them or through satisfactory evidence, which normally means a current government-issued photo ID. Ask the requester which ID they will accept, because some banks and agencies are stricter than the notary law.
The stamp and the journal
New Jersey notaries use an official stamp and keep a journal of their notarial acts, including the date, type of act, who signed and how they were identified. Do not be surprised when the notary asks you to sign it or to show your ID.
Fees
Notaries in New Jersey charge within the fee limits set by the State Treasurer's rules. A mobile notary may also charge a separate travel fee, which should be quoted before the visit. See our guide on what a notary costs.
When to call an attorney instead
Questions about what a document does, whether you should sign it, or how to change it belong with an attorney. A notary can finish the signing once you are sure.
A typical appointment, step by step
A person asks a notary which form to use for a custody matter. The notary explains that they cannot give legal advice or choose forms, and suggests an attorney or the court's self-help resources. Once the person has the correct document, the notary checks ID, makes sure the signer understands and signs willingly, and completes the right certificate.
Checklist before you book
Know which document you need before you book. Bring valid ID. Do not ask a notary for legal advice. Expect a refusal if the signer is not present, the ID does not work, or the document has blanks that matter.
Common questions
Can a notary tell me what kind of notarization I need?
No. Choosing the notarial act is a legal decision for the signer, or the person or agency asking for the document.
Can a notary notarize a document that is not in English?
A notary may be able to if the notary can communicate with the signer and understands what is being signed. Check with the notary before the appointment.
Can a notary refuse to notarize?
Yes. A notary can refuse when identity is not established, the signer seems unwilling or confused, the document is incomplete, or the notary has a conflict.
More notary guides
- Notarizing Foreign Language Documents: What Notaries Can Do
- Notary Public vs Commissioner of Deeds in New Jersey
- Deed Signing: What the Notary Checks on the Paper
This guide is general information, not legal advice. Fees and procedures change; check with the office involved or an attorney for your situation.