SENATE, No. 390

STATE OF NEW JERSEY

INTRODUCED JANUARY 18, 1996

By Senator LIPMAN

An Act concerning acknowledgement of documents and amending R.S.46:14-2.1 and P.L.1979, c.460.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. 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;

    (6) a description of the specific form of identification that the maker or the witness submitted to the officer.

    d. The seal of the officer taking the acknowledgment or proof need not be affixed to the certificate stating that acknowledgment or proof.

(cf: R.S.46:14-2.1)

    2. Section 10 of P.L.1979, c.460 (C.52:7-19) is amended to read as follows:

    10. Each notary public, in addition to subscribing his autograph signature to any jurat upon the administration of any oath or the taking of any acknowledgement or proof, shall affix thereto:

    a. his name in such a manner and by such means, including, but not limited to, printing, typing, or impressing by seal or mechanical stamp, as will enable the Secretary of State easily to read said name; and

    b. a description of the specific form of identification that was submitted to him by the person taking the oath or providing the acknowledgement or proof except that, in the case of oaths, acknowledgments or proofs taken without this State, this description shall be required only for officers set forth in R.S.46:14-6.1.

(cf: P.L.1979, c.460, s.10)

    3. This act shall take effect on the 180th day following enactment.

STATEMENT

    Prior to acknowledging deeds and other instruments and administering oaths, notaries and other authorized persons are required to ascertain the identity of the person who appeared before them. This bill would clarify this requirement by providing that the notaries and other officers must include in the document they sign a description of the specific form of identification that was submitted to them.

Requires notaries and other persons authorized to acknowledge deeds and other instruments to set forth the form of identification provided by the maker of the instrument.