Attention Notaries Public and Citizens of New Jersey
It has come to our attention that some internet based companies are now offering the convenience of document execution electronically while providing the Notary service before a Notary Public live via webcam. The principle is quite simple: a customer uploads their document, signs it electronically and a Notary Public completes the notarization via internet conference technology.
The official position of the State of New Jersey is stated at their website. Click here for that message.
Technology is evolving while the laws of our state have not.
In all cases which a document is to be notarized, the party requesting the service must personally appear before the Notary Public. Personal appearance is NOT possible via webcam. While it is true that you can see and communicate with the other party, they are not personally before you. They are merely visible via usage of technology. If you are not able to take the pulse of the person before you, they have not personally appeared. The party must be in front of you, in same room at the same time.
The laws of the State of New Jersey need to be brought into the 21st century and amended to specifically address the approval or prohibition of webcam notarization. Until such a time, all citizens and Notaries Public alike are STRONGLY URGED not to take part in these services. Ensuring the legitimacy and integrity of your notarized documents by completing them in person is far superior than using internet based conveniences. The time and money spent defending your documents in a court-of-law would quickly remove the convenience from notarization via webcam.
The New Jersey Notary Association is vigorously researching the legitimacy of this service and will be posting regular updates to this page. Pertinent information and opinions will be published as they become available.
If you have specific questions or concerns, click here to contact the Ethics Committee.
UPDATE 2/25/2011:
The California Secretary of State has issued an announcement stating that Notary Public services via Webcam are NOT LEGAL in the State of California.