Notary Myths Vs. Fact
Misinformation is one of the biggest risks in notarial practice. Many mistakes happen not because a notary is careless, but because they were taught something incorrectly or relied on advice that does not align with New Jersey law.
This page clears up common myths and replaces them with accurate, New Jersey specific facts.
Myth 01
A Notary Can Notarize Anything as Long as the Signer Requests It
Fact:
A notary public must refuse a notarization if statutory requirements are not met. This includes situations involving improper identification, incomplete documents, lack of signer awareness, coercion, or uncertainty that the signature is being made knowingly and voluntarily.
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A notary’s duty is to the law and the public, not to the convenience of the signer.
Myth 02
Expired Identification Is Never Acceptable
Fact:
New Jersey allows a notary to accept certain government-issued photo identification that expired less than three years before the notarization, provided the ID contains a recognizable photograph and sufficient identifying information.
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This is a common area of misunderstanding that leads to unnecessary refusals.
Myth 03
A Notary Must Always See an ID Card
Fact:
While identification is the most common method, New Jersey law also permits identification based on personal knowledge of the signer, when the notary has dealings with the individual sufficient to establish reasonable certainty of identity.
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Identification is required, but an ID card is not the only lawful method.
Myth 04
A Notary Can Explain or Help Fill Out Legal Documents
Fact:
A New Jersey notary may not draft, explain, or advise on the contents or legal effect of a document unless the notary is also a licensed attorney.
Providing explanations, recommendations, or guidance about legal documents may constitute unauthorized practice of law.
Myth 05
The Notary Stamp or Seal Is Optional
Fact:
For notarizations involving tangible records, a New Jersey notary must use an official notary stamp or seal that meets state requirements. The stamp must be placed near the notary’s signature and be clear and legible.
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A notarization without the required stamp may be invalid.
Myth 06
Notarial Journals Are Optional in New Jersey
Fact:
New Jersey notaries are required to maintain a journal of all notarial acts. The journal serves as a permanent record and a critical layer of protection for the notary, the signer, and the public.
Failure to maintain a journal can expose a notary to liability and disciplinary action.
Myth 07
Knowing the Signer Means Rules Can Be Relaxed
Fact:
Even when personal knowledge is used to identify a signer, all other notarial requirements still apply. The document must be complete, the signer must appear before the notary, and the notary must be satisfied that the act is being performed knowingly and voluntarily.
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Familiarity does not reduce responsibility.
Myth 08
A Notary Works for the State of New Jersey
Fact:
A notary public is commissioned by the State of New Jersey but is not a state employee. Notaries act as independent public officials and are personally responsible for each notarization they perform.
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Errors and misconduct are attributed to the notary, not the state.
Myth 09
A Notary Can Refuse Service for Any Reason
Fact:
A notary may refuse a notarization when legal requirements are not satisfied, including concerns about identity, capacity, willingness, or compliance with law. However, refusals may not be based on personal bias or unlawful discrimination.
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Every refusal should be grounded in law and documented appropriately.
Myth 10
If a Signer Is Rushing or Pressuring the Notary, the Notary Should Speed Up
Fact:
Pressure from a signer is a warning sign. A notary should slow the process, reassess compliance, and refuse the notarization if there is doubt that the signer understands or is acting voluntarily.
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Accuracy and compliance always outweigh speed.
Why This Matters
Every improper notarization undermines public trust and places the notary’s commission at risk. Understanding the difference between myths and facts is a core part of professional notarial practice.
The New Jersey Notary Association exists to promote clarity, accuracy, and confidence for notaries serving the public.