Bill Text: NJ A3754 | 2016-2017 | Regular Session | Introduced
Bill Title: Authorizes attorney-at-law who validates an affidavit, acknowledgment, proof, oath, or affirmation to affix a seal indicating that he is an attorney-at-law. *
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Engrossed - Dead) 2017-02-27 - Received in the Senate, Referred to Senate Judiciary Committee [A3754 Detail]
Download: New_Jersey-2016-A3754-Introduced.html
Sponsored by:
Assemblyman ERIK PETERSON
District 23 (Hunterdon, Somerset and Warren)
SYNOPSIS
Provides procedures for attorney notarized documents.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning attorneys, amending R.S.41-7, R.S.46:14-2.1, and P.L.1979, c.460 and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.41:1-7 is amended to read as follows:
41:1-7. Seal not necessary to validity of oath or affidavit
It shall not be necessary to the validity or sufficiency of any oath, affirmation or affidavit, made or taken before any of the persons named in [section] R.S.41:2-1 [of this title], that the same shall be certified under the official seal of the officer before whom made.
Notwithstanding the provisions of this section, an attorney-at-law, who is authorized to take an oath, affirmation or affidavit pursuant to R.S.41:2-1, may affix a seal to validate an oath, affirmation or affidavit taken before him provided the attorney files a Certificate of Good Standing with the State Treasurer pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill). The seal shall contain the attorney's name, the words "Attorney-at-Law" and "State of New Jersey."
(cf: R.S.41:1-7)
2. R.S.46:14-2.1 is amended to read as follows:
46:14-2.1. Acknowledgment and proof. a. To acknowledge a deed or other instrument the maker of the instrument shall appear before an officer specified in R.S.46:14-6.1 and acknowledge that it was executed as the maker's own act. To acknowledge a deed or other instrument made on behalf of a corporation or other entity, the maker shall appear before an officer specified in R.S.46:14-6.1 and state that the maker was authorized to execute the instrument on behalf of the entity and that the maker executed the instrument as the act of the entity.
b. To prove a deed or other instrument, a subscribing witness shall appear before an officer specified in R.S.46:14-6.1 and swear that he or she witnessed the maker of the instrument execute the instrument as the maker's own act. To prove a deed or other instrument executed on behalf of a corporation or other entity, a subscribing witness shall appear before an officer specified in R.S.46:14-6.1 and swear that the representative was authorized to execute the instrument on behalf of the entity, and that he or she witnessed the representative execute the instrument as the act of the entity.
c. The officer taking an acknowledgment or proof shall sign a certificate stating that acknowledgment or proof. The certificate shall also state:
(1) that the maker or the witness personally appeared before the officer;
(2) that the officer was satisfied that the person who made the acknowledgment or proof was the maker of or the witness to the instrument;
(3) the jurisdiction in which the acknowledgment or proof was taken;
(4) the officer's name and title;
(5) the date on which the acknowledgment was taken.
d. The seal of the officer taking the acknowledgment or proof need not be affixed to the certificate stating that acknowledgment or proof. Notwithstanding the provisions of this subsection, an attorney-at-law may affix to the certificate a seal to validate the deed or instrument provided the attorney files a Certificate of Good Standing with the State Treasurer pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill). The seal shall contain the attorney's name, the words "Attorney-at-Law" and "State of New Jersey."
(cf: P.L.1991, c.308, s.1)
3. Section 2 of P.L.1979, c.460 (C.52:7-11) is amended to read as follows:
2. a. The State Treasurer shall appoint so many notaries public as the State Treasurer shall deem necessary to commission, who shall hold their respective offices for the term of five years, but may be removed from office at the pleasure of the State Treasurer.
b. A person desiring to be appointed and commissioned a notary public shall make application to the State Treasurer on a form prescribed by the State Treasurer and endorsed by a member of the Legislature. Renewals thereof shall be made in the same manner as the original application.
The application form shall provide a notice to the applicant that a notary public who is not licensed as an attorney-at-law shall not use or advertise the title of lawyer or attorney-at-law, or equivalent terms, in the English language or any other language, which mean or imply that the notary public is licensed as an attorney-at-law in the State of New Jersey or in any other jurisdiction of the United States. The application form shall also state that a notary public who advertises his services in the English language or any other language is required to provide with such advertisement a notice which contains the following statement: "I am not an attorney licensed to practice law and may not give legal advice about immigration or any other legal matter or accept fees for legal advice."
c. The fee to be collected by the State Treasurer for that appointment or renewal shall be $25.00.
d. An attorney-at-law, who by virtue of his license to practice law, performs notary duties shall be exempt from the requirement of applying for commission under the provisions of this section provided the attorney files a Certificate of Good Standing with the State Treasurer pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2014, c.48, s.3).
4. (New section) a. Notwithstanding any other provision of law to the contrary, an attorney-at-law, who is authorized to take an oath, affirmation or affidavit pursuant to R.S.41:2-1 or who is authorized to prove a deed or instrument under R.S.46:14-6.1, or otherwise performs notary duties may register with the State Treasurer by filing a Certificate of Good Standing with the State Treasurer in order to authorized to affix a State approved seal to documents acknowledging the attorney's notarial duties. The Certificate of Good Standing is issued by the Board of Bar Examiners. The registration shall be valid for a period of five years. An attorney-at-law shall file a Certificate of Good Standing with the State Treasurer every five years.
b. An attorney-at-law who has filed the Certificate of Good Standing may, in addition to subscribing his signature upon the administration of any oath or the taking of any acknowledgement or proof, affix a seal to validate an oath, affirmation, affidavit, deed or other instrument. The seal shall contain the attorney's name, the words "Attorney at Law" and "State of New Jersey."
c. The State Treasurer shall notify the Clerk of the Supreme Court when an attorney-at-law has registered with the State Treasurer pursuant to this section. The Clerk of the Supreme Court shall notify the State Treasurer when an attorney-at-law who has registered with the State Treasurer has been disbarred.
d. The fee for filing a Certificate of Good Standing with the State Treasurer shall be $10.00 which shall be deposited in the General Fund.
5. This act shall take effect immediately.
STATEMENT
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.
