What Happens if the Notary's Commission Expires Later?

What the expiration date on the stamp tells you

New Jersey's notary manual says the stamp must include the notary's name, the title Notary Public, State of New Jersey, and the commission expiration date. The notarial certificate for a notary public also shows the expiration date. The state's notary FAQ from the Division of Revenue and Enterprise Services says notaries are commissioned for five years, and a commission can be renewed for further five-year periods.

That date answers one question: when did this notary's term end? To judge an old document, compare it with the date of the act on the certificate. If the act date falls on or before the expiration date, the notary was within the term shown. A later expiration date on the stamp does not change an act done earlier.

Why a past expiration date is not a red flag by itself

Most notarizations are made well before the commission ends. A notary who renews, retires or leaves the work after your signing does not undo what was done. The notary acted under a valid commission, recorded the act, and completed the certificate. Waiting years to use the document does not change that.

What would be a concern is an act dated after the expiration date shown, or a stamp that has no expiration date or a different name than the certificate. Those are things to ask the receiving office or an attorney about, not things to try to repair yourself.

How to check that the commission was valid at the time

First, read the certificate and stamp: the act date, the notary's name and the expiration date. Second, use the State's online Notary Public Search at nj.gov/treasury/revenue/notary.shtml. It lets you search by last name, city, zip code or commission ID, and it lists active notaries with their commission periods. The State says the list is for information, is updated periodically and cannot be used for certification.

If the notary is still active, the search can show the period. If the notary no longer appears, that may only mean the commission has ended, and you cannot tell from the list alone whether it was valid on a past date. In that case, contact the Division of Revenue and Enterprise Services and ask how to confirm a past commission. If an office needs formal certification of a notary's authority, ask the Division about its certification service.

The notary's journal after a commission ends

The State's notary manual requires a notary to keep a journal of notarial acts and to retain it for ten years after the last act recorded in it, or to arrange secure transfer to the State. That applies to a notary whose commission has ended through resignation, revocation or suspension too. If a notary dies or becomes incompetent, the manual says the personal representative or whoever holds the journal must contact the State Treasurer within 45 days.

This means a record of an act usually exists for years after the commission. If you need to confirm that an act happened, ask the notary first. If the notary cannot be reached, ask the Division what the process is. Journal access is governed by rules, and you may need to explain why you need it.

Edge cases worth knowing

A commission starts only after the oath of office. The State's FAQ says that when the oath is not taken within 90 days, the commission is void. A notarization by someone who never held a valid commission is a different matter from one by a notary whose term later ended.

The state's notarial law also says that a notary's failure to meet a requirement does not by itself invalidate the act, but that it does not validate an act by someone with no authority to do it. How these rules apply to a particular document is a legal question, so ask an attorney.

What to do if you are unsure

Make a short list: the document, the act date, the notary's name and the stamp's expiration date. Check the search. Then ask the office that wants the document whether it has a concern. Many offices only check that the stamp is present and readable. If someone is challenging a document, or a large asset is involved, an attorney is the right person to ask.

If the notary was MCC Solutions, contact us with the date and document type and we will look at our own journal entry for that act. For acts by other notaries, the notary or the State is the place to ask.

Common questions

More notary guides

• The Parts of a Notarial Certificate, Line by Line
• Where to Place a Notary Stamp so It Stays Legible
• How Long to Keep a Notary Journal and Where to Store It

This guide is general information, not legal advice. Fees and procedures change; check with the office involved or an attorney for your situation.