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Last Update:

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November 26, 2024

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1. Applicable Law

   1. Uniform Electronic Transactions Act: New Mexico has enacted the Uniform Electronic Transactions Act (NMSA 14-16-1 through 14-16-19) and its provision on notarization and acknowledgment, thereby recognizing the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (NMSA 14-16-11).

   2. Revised Uniform Law on Notarial Acts: New Mexico has enacted the Revised Uniform Law on Notarial Acts, and in particular the provisions related to notarizations with respect to electronic records. These provisions are summarized below.

   3. Uniform Real Property Electronic Recording Act: In 2007, New Mexico adopted the Uniform Real Property Electronic Recording Act, including the following provision: “A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed or made under oath is satisfied if the electronic signature of the person authorized to perform that act and all other information required to be included is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression or seal need not accompany an electronic signature” (NMSA 14-9A-3.C).

   4. New Mexico Administrative Code , Title 12, Chapter 9, Part 4: The New Mexico Secretary of State adopted rules for electronic notarization pursuant to the state’s enactment of the Revised Uniform Law on Notarial Acts. These rules are summarized below.

2. Tamper-Evident Technology

   1. Selection by Notary: “A notarial officer shall select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notarial officer to perform a notarial act with respect to an electronic record with a technology that the notarial officer has not selected” (NMSA 14-14A-19.A).

   2. Standards: “If the secretary of state has established standards for approval of technology pursuant to Section 14-14A-26 NMSA 1978, the technology must conform to the standards. If the technology conforms to those standards, the secretary of state shall approve the use of the technology” (NMSA 14-14A-19.B).

3. Technology Systems

   1. Approval of System Providers: Not required.

   2. List of System Providers: Not provided.

4. Personal Appearance and Verification of Identity: “The individual and the notarial officer shall meet physically face-to-face, and the notarial officer shall determine whether the requirements of Section 14-14A-4 NMSA 1978 have been met and shall verify the identity of the individual appearing before the officer in accordance with Section 14-14A-6 NMSA 1978” (NMAC 12.9.3.12.B).

5. Journal of Notarial Acts Involving Electronic Records: “[I]f the notarial officer is a notary public, or otherwise required to keep a journal pursuant to Subsection E of Section 14-14A-18 NMSA 1978, the notarial officer shall chronical or note the notarization in a paper or electronic journal in accordance with Section 14-14A-18 NMSA 1978” (NMAC 12.9.3.12.B[4]).

6. Fees: For the fees a notarial officer may charge for an electronic notarization, see “Fees for Notarial Acts,” below.

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