Bill > A3754

Introduced Session

This bill would allow an attorney-at-law who notarizes documents to affix a seal to any document he validates provided he complies with certain registration requirements. Under the provisions of R.S.41:2-1 attorneys-at-law, along with notaries, judges, mayors, commissioners, sheriffs, clerk of the court, legislators, and certified court reporters, are statutorily authorized to administer oaths, or validate affidavits and affirmations. In addition, attorneys are authorized to acknowledge or prove a deed or other instrument pursuant to R.S.46:14-2.1. Under current law, a seal is not required to validate an oath, affidavit, or affirmation nor is it required to acknowledge or prove a deed or other instrument pursuant to R.S.41:1-7 and R.S.46:14-2.1, respectively. Nevertheless, a document notarized by a notary public who affixes a seal to that document is honored without question. However, this may not be the case for documents notarized by New Jersey attorneys for persons unfamiliar with the State's practice. It is the sponsor's intent to rectify this administrative dilemma for attorneys by providing an attorney with the option of obtaining a seal for the purposes of validating documents. The bill would not require an attorney to use a seal. The bill amends the "Notaries Public Act of 1979," P.L.1979, c. 460 (C.52:7-10 et seq.) and Titles 41 and 46 of the Revised Statutes concerning notarized documents to clarify the procedures for attorneys who wish to obtain a seal for the purposes of notarizing documents. Currently, the State Treasurer is authorized to commission a notary public, who holds his office for five years. Under the bill, an attorney who, by virtue of his license to practice law, performs notary duties may affix a seal to his documents provided he registers with the State Treasurer. In so doing, the attorney is providing notice to the State agency which regulates such activity. Under the bill, the attorney would file a Certificate of Good Standing with the State Treasurer. The certificate is issued by the Board of Bar Examiners. The bill requires an attorney to file a Certificate of Good Standing with the State Treasurer every five years. Once an attorney has filed with the State Treasurer, the State Treasurer would notify the Clerk of the Supreme Court of the attorney's registration. In addition, the bill would also require the Clerk of the Supreme Court to notify the State Treasurer when an attorney who has registered with the State Treasurer has been disbarred.

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Marlene Caride (D)*,  Erik Peterson (R)*,  Annette Quijano (D)*,  Craig Coughlin (D),  Amy Handlin (R),  Patricia Jones (D), 

Received in the Senate, Referred to Senate Judiciary Committee (on 02/27/2017)