A notary generally can
- Verify a signer's identity.
- Witness or take acknowledgment of a signature.
- Administer oaths and affirmations where authorized.
- Perform the notarial acts they are authorized to perform.
- Complete and attach the notarial certificate.
- Keep the required notarial record.
A notary generally cannot
- Give legal advice or act as your attorney.
- Choose which document or form you should use.
- Explain how a document affects your legal rights.
- Draft or prepare legal documents (unless separately qualified).
- Guarantee that a third party will accept your document.
- Notarize a document the law does not allow (for example, wills, codicils, and testamentary documents cannot be notarized online in New Jersey).
Why these limits exist
A notary is an impartial official whose job is to confirm who signed and that they did so willingly, not to advise you on the contents of your document. Giving legal advice or selecting documents would step into the practice of law, which a notary is not permitted to do in that role.
What this means for you
Please have your document ready and know which notarial act you need. If you are unsure what a document requires, or whether it is right for your situation, speak with an attorney or the party that will receive it. We are always happy to help you understand the process itself, and you can use Can I Notarize This? to check fit before you buy.
Have your document ready?
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