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Ex. AGY-ST-DMV-SOS-RECORDERS-038 Order Primary source read

P.L. 2020, Chapter 26 (Assembly Bill No. 3903)

An Act concerning remote notarial acts, and other acts for executing and verifying certain documents, by notaries public and certain other authorized officials using communication technology for the duration of the public health emergency and state of emergency declared by the Governor in Executive Order 103 of 2020

New Jersey Senate and General Assembly; approved by Governor Philip D. Murphy · New Jersey (Legislature) (State)

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The record

Jurisdiction
New Jersey (Legislature) · New Jersey
Level
State
Authority
N.J. Const. art. IV (legislative power); operates 'during the public health emergency and state of emergency declared by the Governor in Executive Order 103 of 2020'
Issued
2020-04-14 Apr. 14, 2020
Effective
2020-04-14 (sec. 2: 'This act shall take effect immediately') (read as 2020-04-14)
End
By its terms for the duration of the EO 103 public health emergency and state of emergency; the public health emergency ended June 4, 2021 (P.L. 2021, c. 103) while the state of emergency continued; remote notarial acts were made permanent by P.L. 2021, c. 179 (July 22, 2021) (successor statute described by category; text not read) (read as 2021-09-30)
In force
Apr. 14, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Courts and public officesOther
Addressees
  • notaries public
  • officers authorized to take oaths and acknowledgments
  • remotely located individuals
  • parties to real estate, lending and corporate documents
Functions reached
  • CL closings, acknowledgments and deeds (real estate, title, lending)
  • OF law and accounting offices
  • FI loan documents
  • CB
  • OP corporate filings requiring notarization
Collection
State motor-vehicle offices, secretaries of state and recorders AGY-ST-DMV-SOS-RECORDERS

Operative words

b. Notwithstanding the provisions of any law or regulation to the contrary, during the public health emergency and state of emergency declared by the Governor in Executive Order 103 of 2020, a notary public appointed pursuant to the provisions of the 'Notaries Public Act of 1979,' P.L.1979, c. 460 (C.52:7-10 et seq.), or otherwise qualified and commissioned as a notary public in this State or an officer authorized to take oaths, affirmations and affidavits under R.S.41:2-1 or to take acknowledgements under R.S.46:14-6.1 may perform notarial acts using communication technology for a remotely located individual if: (1) the notary public or officer: (a) has personal knowledge of the identity of the individual... (3) the notary public or officer or a person acting on their behalf creates an audio-visual recording of the performance of the notarial act

Enforcement

Statute; subsection d. excludes records governed by the Uniform Commercial Code (other than specified sections); subsection e. requires the certificate to state that communication technology was used

Notes

Enacted four weeks after the MVC and county offices closed; the Legislature's own title ties the relief to the EO 103 emergency.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.