Mar 16 • Ask NJNA
ASK NJNA: Correcting a NJ Notary Stamp
SCENARIO: A New Jersey Notary Public's commission is expiring. The notary obtains a renewal commission and takes the oath of office. The notary has not yet received or obtained an updated Notary Stamp (seal) bearing the new commission expiration date. The notary continues to notarize documents using the old stamp with the now-expired expiration date. The notary strikes through the expired date and hand-writes the updated commission expiration date.
NJNA DETERMINATION: This is not an allowable practice.
The act of crossing out an old commission expiration date on a notarial stamp and handwriting a new one is not permitted under New Jersey law. This practice violates the statutory requirements for an official notary stamp and undermines the integrity of the notarial act. The specific legal mandates are found in both the New Jersey Revised Statutes and the New Jersey Administrative Code.
1. THE STATUTE REQUIRES THE EXPIRATION DATE TO BE PART OF THE OFFICIAL STAMP
New Jersey law explicitly requires that the commission expiration date be a physical component of the official stamp itself, not a notation added later. The primary statute governing this, N.J.S.A. 52:7-10.5, states unequivocally:
"The official stamp of a notary public shall: (1) include the name of the notary public, the title 'Notary Public, State of New Jersey,' and the notary public's commission expiration date; and (2) be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated."
The key word in this statute is "include." The expiration date must be part of the stamp's pre-designed, permanent impression. A handwritten alteration is not part of the official stamp and therefore fails to meet this requirement.
2. THE ADMIN CODE REINFORCED THE REQUIREMENT
The requirement is further reinforced by the New Jersey Administrative Code. N.J.A.C. 17:50-1.8(g) repeats the mandate from the statute, stating:
"The official stamp of a notary public shall: 1. Include the name of the notary public, the title 'Notary Public, State of New Jersey,' and the notary public's commission expiration date; and 2. Be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated."
This regulation confirms that the expiration date is a mandatory, static element of the stamp. An altered stamp, with a crossed-out date and a handwritten correction, does not meet this regulatory definition.
3. MANUAL ALTERNATION COMPROMISES THE INTEGRITY OF THE ACT
Beyond the explicit statutory language, the act of handwriting a new date violates the broader principles of notarial law regarding document integrity and clarity.
- Not Part of the Official Design: A handwritten date is not part of the official, pre-designed stamp as required by law. It is merely a personal notation on a document and does not carry the same legal weight as the pre-printed elements of the stamp.
- Fails the "Clear and Readable" Requirement: The law requires that the stamp be affixed "so as to be clear and readable" and "capable of being copied." A stamp that has been crossed out and written over creates a confusing, unprofessional, and potentially illegible impression, making it difficult to verify the notary's authority.
- Invalidates the Notarization: An altered stamp creates ambiguity about the notary's authority at the time of the notarization. The use of an expired seal is grounds for rejection of a document and potential for disciplinary investigation of the indidual notary public. A manually altered seal is not a legally acceptable substitute for a new, properly commissioned stamp.
4. THE CORRECT COURSE OF ACTION
Upon receiving a new commission, a notary public is legally obligated to obtain a new official stamp that accurately reflects the new commission's expiration date. The old stamp is now obsolete and its use for any notarial act would be non-compliant. Continuing to notarize with an altered stamp exposes the notary and the parties to the transaction to the risk of having the notarization deemed invalid.
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ASK NJNA: Correcting a NJ Notary Stamp
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