New Jersey Statutes 52:7-10.1. Definitions
Terms Used In New Jersey Statutes 52:7-10.1
- Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- oath: includes "affirmation. See New Jersey Statutes 1:1-2
- Oath: A promise to tell the truth.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
- territory: extends to and includes any territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
- Trustee: A person or institution holding and administering property in trust.
As used in P.L.2021, c.179 (C. 52:7-10.1 et al.):
a. “Acknowledgment” means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.
b. “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
c. “Electronic signature” means an electronic symbol, sound, or process attached to, or logically associated with, a record and executed or adopted by an individual with the intent to sign the record.
d. “In a representative capacity” means acting as:
(1) An authorized officer, agent, partner, trustee, or other representative for a person other than an individual;
(2) A public officer, personal representative, guardian, or other representative, in the capacity stated in a record;
(3) An agent or attorney-in-fact for a principal; or
(4) An authorized representative of another in any other capacity.
e. “Non-attorney applicant” means an applicant for an initial or renewal commission as a notary public who is not also a licensed attorney-at-law in this State.
f. “Notarial act” means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the laws of New Jersey. The term includes:
(1) taking an acknowledgment,
(2) administering an oath or affirmation,
(3) taking a verification on oath or affirmation,
(4) witnessing or attesting a signature,
(5) certifying or attesting a copy or deposition, and
(6) noting a protest of a negotiable instrument.
g. “Notarial officer” means a notary public or other individual authorized by law to perform a notarial act.
h. “Notary public” means an individual commissioned by the State Treasurer to perform a notarial act.
i. “Official stamp” means a physical image affixed to or embossed on a tangible record or an electronic image attached to, or logically associated with, an electronic record.
j. “Person” has the meaning ascribed to it in R.S.1:1-2.
k. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
l. “Sign” means, with present intent to authenticate or adopt a record:
(1) To execute or adopt a tangible symbol; or
(2) To attach to or logically associate with the record an electronic symbol, sound, or process.
m. “Signature” means a tangible symbol or an electronic signature that evidences the signing of a record.
n. “Stamping device” means:
(1) A physical device capable of affixing to or embossing on a tangible record an official stamp; or
(2) An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp.
o. “State” means the State of New Jersey; “other state” or “another state” means any state, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, and any other insular possession or territory of the United States other than the State of New Jersey.
p. “Verification on oath or affirmation” means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true.
L.2021, c.179, s.2.