New Mexico - U.S. Notary Reference
Last Update: January 9, 2024
QUICK FACTS
Notary Jurisdiction
Statewide (NMSA 14-14A-9.A[1]).
Notary Term Length
Four years (NMSA 14-14A-20.E).
Notary Bond
$10,000, executed by a surety company or other entity licensed in New Mexico (NMSA 14-14A-9.D).
Notary Seal
Required (NMSA 14-14A-14.B).
Notary Journal
Required (NMSA 14-14A-18).
ADMINISTRATION AND RULES
Commissioning Official
The Secretary of State commissions and maintains records on Notaries Public (NMSA 14-14A-20.A). The State Ethics Commission oversees complaints and administrative discipline of Notaries (NMSA 14-14A-22.A).
Contact Information
Office of Secretary of State
Address: Business Services
New Mexico Capitol Annex North
325 Don Gaspar, Suite 300
Santa Fe, NM 87501Phone: 505-827-3600
800-477-3632Website: https://www.sos.state.nm.us/notary-and-apostille/notary-commissions
New Mexico State Ethics Commission
Address: 800 Bradbury Dr. SE, Suite 215
Albuquerque, NM 87106Phone: 505-827-7800
Website: https://www.sos.nm.gov
Laws, Rules and Guidelines
Laws: Most Notary rules are in the New Mexico Statutes Annotated, Chapter 14, Article 13 “Acknowledgments and Oaths,” and Chapter 14, Article 14A, “Revised Uniform Law on Notarial Acts.”
Rules: Rules for notarial procedures are provided in the New Mexico Administrative Code, Title 12, Chapter 9, Part 3 and rules for remote online notarization are provided in Title 12, Chapter 9, Part 4.
Guidelines: Other guidelines are in the New Mexico Notarial Officer Handbook (July 2023) (NOH), issued by the Secretary of State and downloadable at https://www.sos.nm.gov.
COMMISSION AND APPOINTMENT
Commission Process
Qualifications: An applicant for appointment as a New Mexico Notary Public must (NMSA 14-14A-20.B):
(1) be at least eighteen years of age;
(2) be a resident of or have a place of employment in this state;
(3) be able to read and write English;
(4) not be disqualified to receive a commission under NMSA 14-14A-22;
(5) have passed the examination required pursuant to Subsection A of NMSA 14-14A-21;
(6) not otherwise be qualified as a notarial officer; provided that an individual who is employed as a court clerk, deputy court clerk, county clerk or deputy county clerk may also be commissioned as a Notary.Course: “The secretary of state or an entity approved by the secretary of state shall offer regularly a course of study to applicants who do not hold commissions as notaries public in this state. The course must cover the laws, rules, procedures and ethics relevant to notarial acts” (NMSA 14-14A-21.B).
“An automatic notarial officer may obtain continuing legal education credit, pursuant to rules established by the board of bar commissioners of the state of New Mexico, for participating in continuing legal education related to performing the notarial acts” (NMSA 14-14A-21.C).
“If the secretary of state has a record that a notary public applying for renewal has previously passed the required examination, a notary public applying for renewal is not required to re-take the training and examination unless:
“(a) the applicant’s commission has expired for more than one year; or
“(b) there have been substantial changes to the statutes or rules pertaining to notarial procedures, as determined by the secretary of state, since the applicant’s last application date” (NMAC 12.9.3.8.A[1]).Exam: Required.
“An applicant for a commission as a notary public who does not hold a commission in this state is required to pass an examination administered by the secretary of state or an entity approved by the secretary of state. The examination will be based on the course of study described in Subsection B of this section” (NMSA 14-14A-21.A).
“The secretary of state shall provide regular training and administration of an examination pursuant to Subsection B of Section 14-14A-21 NMSA 1978. Training may be provided by the secretary of state or through any third-party training vendor approved by the secretary of state” (NMAC 12.9.3.10.A).
“The fee for administering the training and examination is not included in the application fee collected pursuant to 12.9.4.8 NMAC” (NMAC 12.9.3.10.B).
“A notary public applicant and an automatic notarial officer shall provide proof of passing the required examination with a score of eighty percent or higher.” (NMAC 12.9.3.10.C).
“Examination records maintained by any third-party vendor, including the applicant’s score, shall be retained for five years” (NMAC 12.9.3.10.D).Application: “A person applying for or renewing a notary public commission shall apply elecronically or by paper application using the prescribed application form issued by the secretary of state. An applicant shall use the applicant’s name as it appears on the applicant’s state issued identification” (NMAC 12.9.3.8.A).
“In addition to meeting the requirements pursuant to Subsection B of Section 14-14A-20 NMSA 1978, the applicant shall provide:
“(1) proof of having successfully completed an approved training course and passing the required examination. If the secretary of state has a record that a notary public applying for renewal has previously passed the required examination, a notary public applying for renewal is not required to re-take the training and examination unless:
“(a) the applicant’s commission has expired for more than one year; or
“(b) there have been substantial changes to the statutes or rules pertaining to notarial procedures, as determined by the secretary of state, since the applicant’s last application date; and
“(2) a true and complete copy of a surety bond pursuant to Subsection D of Section 14-14A-20 NMSA 1978. The surety bond shall contain the applicant’s notarized signature listed as the principal or sole applicant;
“(3) executed oath of office using the prescribed form issued by the secretary of state pursuant to Subsection C of Section 14-14A-20 NMSA 1978 notarized by a notarial officer; and
“(4) a non-refundable application fee of $30” (NMAC 12.9.3.8.A).
“The Notary Application can be electronically filed at www.enterprise.sos.nm.gov” (NOH).
“The notary application must be completed online and requires uploads to complete the filing:
“● Certificate of Completion of Notary Education Course
“● A signed and notarized Oath of Office, which should be administered by a current New Mexico Notarial Officer. The applicant should never notarize their own signature, even if they are a currently actively commissioned notarial officer.
“● Notarized Surety Bond in the amount of $10,000.
“● All uploads must be in PDF format.
“● Paper applications may be requested from the Secretary of State’s Office and will be mailed to the applicant” (NOH).Background Screening: Not required.
Non-Residents: Non-residents of New Mexico may apply to become Notary commission in the state if they have a regular place of employment in the state (NMSA 14-14A-20.B[3]).
Reappointment: “At least thirty days before expiration of each notary public’s commission, the secretary of state shall mail a notice of expiration to the notarial officer’s mailing address of record. A notarial officer may be reappointed upon making an application in the same manner as required for an original application” (NMSA 14-14A-20.G).
Copy of Official Stamp: “Within 45 days of receiving the notary public commission and prior to the notary public performing his or her first notarial act, the notary public shall provide a copy of the applicant’s official stamp to the secretary of state. A notary public will be deemed non-compliant with the act upon failure to provide this information. Failure to comply with this rule shall result in a referral to the State Ethics Commission” (NMAC 12.9.3.8.C).
Commission Is Property of Notary: “A Notary commission is the property of the Notary Public. Even if provided by your employer and you are separated from employment, the commission should not be surrendered to the employer” (NOH).
Duplicate Commission: “If you misplace your certificate of commission, you may request a duplicate for a $3.00 fee at www.enterprise.sos.nm.gov” (NOH).
No Immunity or Benefit: “A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees” (NMSA 14-14A-20.F).
Notification to Perform In-Person Electronic and Remote Notarial Acts
In-Person Electronic Notarial Acts: “Before performing the notarial officer’s initial notarial act with respect to an electronic record, a notarial officer shall notify the secretary of state that the notarial officer will be performing notarial acts with respect to electronic records and identify the technology the notarial officer intends to use” (NMSA 14-14A-19.B).
Remote Notarial Acts:
Requirement: “Before a notarial officer performs the notarial officer’s initial notarial act with a remotely located individual under this section, the notarial officer shall notify the secretary of state that the notarial officer will be performing notarial acts with respect to remotely located individuals and identify the technologies the notarial officer intends to use. If the secretary of state has established standards pursuant to Subsection H of this section and Section 14-14A-26 NMSA 1978 for approval of communication technology or identity proofing, the communication technology and identity proofing shall conform to the standards” (NMSA 14-14A-5.G).
“An individual applying for authorization to perform RONs shall already be a current notarial officer pursuant to Section 14-14A-9 or Section 14-14A-20 NMSA 1978 or an individual may simultaneously apply to be commissioned as a notary public with authorization to perform [remote online notarizations]” (NMAC 12.9.4.8.B).Application: “A notarial officer must submit an application to perform remote online notarizations (RON) on a form prescribed by the secretary of state and receive approval from the secretary of state before the notarial officer may remotely notarize a record. The notarial officer shall provide:
“(1) the name of all remote online notarization systems approved for use by the secretary of state the notarial officer intends to use;
“(2) a copy of any necessary instructions or techniques supplied by a remote online notarization system provider that allow the notarial officer’s signature and official stamp to be read and authenticated;
“(3) an explanation of the methods and technology by which the notarial officer will maintain and store the required journal, if applicable, and audio video recording;
“(4) proof of having successfully completed an approved training course and passing the required examination” … and
“(5) a non-refundable application fee of $75” (NMAC 12.9.4.8.A).
The “Notarial Officer Handbook” states that an application to become a Remote Online Notary must be completed online at www.enterprise.sos.nm.gov.Examination Retakes: “If the secretary of state has a record that a commissioned notary public applying for renewal has previously passed the required examination, a commissioned notary public applying for renewal is not required to re-take the training and examination unless:
“(a) the applicant’s commission has expired for more than one year; or
“(b) there have been substantial changes to the statutes or rules pertaining to RONs, as determined by the secretary of state, since the effective date of applicant’s last application date” (NMAC 12.9.4.8.A[4]).Copy of Electronic Stamp: “Within 45 days of receiving authorization to perform RONs from the secretary of state, the notarial officer shall provide a copy of the applicant’s official electronic stamp to the secretary of state along with the form prescribed by the secretary of state. The applicant’s official electronic stamp must be received by the secretary of state prior to the notarial officer performing a RON. Failure to provide this information shall result in a referral to the State Ethics Commission” (NMAC 12.9.4.8.C).
The electronic stamp must be uploaded as a PDF file to www.enterprise.sos.nm.gov (NOH).Expiration Date of Authorization: “The expiration date for a notary public authorized to perform RONs shall be the commission expiration date established when an individual is commissioned as a notary public pursuant to Section 14-14A-20 NMSA 1978” (NMAC 12.9.4.8.D).
New Provider: “If at any time a notarial officer authorized to perform RONs adopts a new remote online notarization system provider, the notarial officer must notify the secretary of state of the new system and provider on a form prescribed by the secretary of state” (NMAC 12.9.4.8.E).
Renewal of Authorization: “The renewal of the commission of a notary public who has previously been authorized to perform [remote online notarizations] under this section constitutes renewal of the notary public’s qualification without the necessity to submit another application under this section, and the renewal fees shall be the same as that to renew a notary public commission unless the applicant’s commission has been expired for more than one year. If an applicant’s commission has been expired for more than one year, the applicant must complete the application for authorization to perform [remote online notarizations] and pay the required application fee as prescribed by this section” (NMAC 12.9.4.8.F).
Course and Exam: “The secretary of state shall provide a remote notarization course and examination. Training may be administered in house or through any third-party training vendor approved by the secretary of state” (NMAC 12.9.4.9.A).
“The fee for administering the training and examination is not included in the application fee collected pursuant to 12.9.4.8 NMAC” (NMAC 12.9.4.9.B).
“An applicant must provide proof of passing the required examination with a score of eighty percent or higher” (NMAC 12.9.4.9.C).
“Examination records maintained by any third-party vendor, including the applicant’s score, shall be retained for five years” (NMAC 12.9.4.9.D).Notaries with Existing Commissions: “A notary public with an appointment or renewal date prior to the effective date of the Revised Uniform Law on Notarial Acts who desires to be authorized to perform [remote online notarizations] shall follow the application process prescribed by Subsection B of 12.9.4.8 NMAC to apply to become authorized to perform [remote online notarizations]” (NMAC 12.9.4.19).
Other Notarial Officers: “A. If a notarial officer who is not commissioned as a notary public desires to be authorized to conduct [remote online notarizations], the notarial officer shall follow the authorization application procedures pursuant to 12.9.4.8 NMAC.
“B. Upon approval by the secretary of state to perform [remote online notarizations], the notarial officer shall comply with this rule and all statutes applicable to a notary public performing [remote online notarizations]” (NMAC 12.9.4.18).
Online Search
“The secretary of state shall maintain an electronic database of notarial officers providing the following:
“A. information and a means through which a person may verify the authority of a notarial officer to perform notarial acts; and
“B. indication of whether a notarial officer has notified the secretary of state that the notarial officer will be performing notarial acts on electronic records” (NMSA 14-14A-23).
The database may be found at https://portal.sos.state.nm.us/BFS/online/NotarySearch.
Jurisdiction
“A notarial act may be performed within this state by … a notary public of this state” (NMSA 14-14A-9.A[1]).
Term Length
“On compliance with this section, the secretary of state shall issue a commission as a notary public to an applicant for a term of four years” (NMSA 14-14A-20.E).
Bond
“Before issuance of a commission as a notary public, the notary public or applicant for a commission shall submit to the secretary of state an assurance in the form of a surety bond or its functional equivalent in the amount of ten thousand dollars ($10,000). The assurance must be issued by a surety or other entity licensed or authorized to do business in this state. The assurance must cover acts performed during the term of the notary public’s commission and must be in the form prescribed by the secretary of state.
“If a notary public violates law with respect to notaries public in this state, the surety or issuing entity is liable under the assurance. The surety or issuing entity shall give thirty days notice to the secretary of state before canceling the assurance. The surety or issuing entity shall notify the secretary of state not later than thirty days after making a payment to a claimant under the assurance. A notary public may perform notarial acts in this state only during the period that a valid assurance is on file with the secretary of state” (NMSA 14-14A-20.D).
Automatic Notarial Officers
Definition: In New Mexico, an “automatic notarial officer” is “a judicial officer, Secretary of State or full-time staff member of the Secretary of State’s office, court clerk, deputy court clerk, county clerk, deputy county clerk, or an attorney licensed to practice law in the State of New Mexico” (NOH).
Registration: The “Notarial Officer Handbook” provides the following steps to register as an automatic notarial officer:
“● A person who is authorized as an Automatic Notarial Officer (see definitions) must complete the Notarial Officer Training and register their stamp with the Secretary of State’s Office before performing notarial acts.
“● Training information and resources can be found at https:www.sos.nm.gov/notary-and-apostille/notary-commissions/training-resources/. There is a fee payable directly to the training provider.
“● Stamp requirements can be found in this handbook under Official Stamp Requirements by Type
“● Stamp registration must be completed online at www.enterprise.sos.nm.gov.
“● There is no fee to file an Automatic Notarial Officer Stamp Registration.
Changes of Status
“The notary public is required to maintain the notary public’s current name, contact information, and signature and official stamp on file with the secretary of state by submitting the form prescribed by the secretary of state within 30 days of the change of information” (NMAC 12.9.3.8.E).
Name Change: Upon notifying the Secretary of state of a name change, “[a]n amended certificate of commission will be issued upon notification of a name change and the notary public shall be required to obtain a new official stamp showing the updated information” (NMAC 12.9.3.8.E).
“Name change amendments must be filed at www.enterprise.sos.nm.gov. A rider from the company that issued the bond showing the changed name is required to be uploaded. A $3.00 filing fee can be paid via e-check or credit card” (NOH).General Amendments: “General Amendments, which include address or contact information change, official stamp change or bond change may be made via the online portal as an amendment. If the bond has changed you will need to provide the new original surety bond completed in its entirety” (NOH).
“You must notify the Secretary of State within 30 days if the official stamp or journal is stolen or lost. The report can be filed free of charge via www.enterprise.sos.nm.gov. You can include a copy of any relevant police report if applicable. You must replace your stamp and file a Stamp Registration with the replacement stamp” (NOH).
“If the official stamp has changed or must be replaced as a result of damage or is no longer able to provide a legible impression or image, you can file a General Amendment to replace the stamp” (NOH).Resignation: “A notary public must notify the Office of the Secretary of State that they are resigning your notary commission and must deface or destroy their official stamp if the following occur:
”● They are no longer a resident or have a place of employment in New Mexico;
”● They are unable to perform notarial duties; or
”● They no longer want to be a Notary Public.
”● Resignation can be filed using the online portal” (NOH).
An automatic notarial office can notify the secretary of state of their resignation when
”● They no longer qualify as an automatic notarial officer; or
”● They no longer want to perform the duties of an automatic notarial officer.
”● Resignation can be filed online using the online portal” (NOH).Death or Adjudication of Incompetency: “On the death or adjudication of incompetency of a notarial officer, the notarial officer’s personal representative or guardian or any other person knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing or securing it against use in a manner that renders it unusable” (NMSA 14-14A-17.A).
“On the death or adjudication of incompetency of a current or former notarial officer, the notarial officer’s personal representative or guardian or any other person knowingly in possession of the journal shall transmit the journal to the secretary of state, the state records officer or a repository approved by the secretary of state” (NMSA 14-14A-18.H).
“On the death or adjudication of incompetency of a current or former notarial officer, the notarial officer's personal representative or guardian or any other person knowingly in possession of an audiovisual recording shall:
“(1) comply with the retention requirements of this section;
“(2) transmit the recording to one or more repositories pursuant to Subsection C below; or
“(3) transmit the recording on a data storage device to the secretary of state on an open file format that can be accessed and read by the secretary of state” (NMAC 12.9.4.14.B).
NOTARIAL ACTS
Authorized Acts
Notarial Acts: New Mexico Notaries are authorized to perform the following notarial acts (NMSA 14-14A-2.F):
Take acknowledgments;
Administer oaths and affirmations;
Execute verifications on oath or affirmation;
Certify copies;
Witnessing or attesting a signature;
Noting a protest of a negotiable instrument;
Open and inventory safe deposit boxes (NMSA 58-1-16, 58-10-110, 58-11A-6, 58-11A-7).
In-Person Electronic and Remote Notarial Acts: New Mexico Notaries who have notified the Secretary of State that they will be performing technology-based notarial acts may perform the notarial acts listed above electronically and remotely.
Acknowledgments
Definition: “‘[A]cknowledgment’ means a declaration by an individual before a notarial officer that:
“(1) the individual has signed a record for the purpose stated in the record; and
“(2) if the record is signed in a representative capacity, the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record” (NMSA 14-14A-2.A).Requirements: “A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual” (NMSA 14-14A-4.A).
“For an acknowledgment as defined in Subsection A of Section 14-14A-2 NMSA 1978, the individual or representative shall declare before a notarial officer that the individual is signing the record for the purpose stated in the record” (NMAC 12.9.3.12.C).
Oaths and Affirmations
Definition: “'Oath' or ‘Affirmation’ means a notarial act in which a person at a single time and place:
“● appears in person before the notarial officer;
“● is personally known to the notary public or identified by the notary public through satisfactory evidence; and
“● makes a vow of truthfulness or fidelity on penalty of perjury, based on personal honor and without invoking a deity or using any form of the word ‘swear’ (NOH).Requirements: “[A]ny person administering the oath shall do so in the following form, viz: the person swearing shall, with his right hand uplifted, follow the words required in the oath as administered, beginning: I do solemnly swear, and closing: so help me God” (NMSA 14-13-1).
“Whenever any person is required to take or subscribe an oath and shall have conscientious scruples against taking the same, he shall be permitted, instead of such oath, to make a solemn affirmation, with uplifted right hand, in the following form, viz: you do solemnly, sincerely and truly declare and affirm, and close with: and this I do under the pains and penalties of perjury …” (NMSA 14-13-2).
Verifications
Definition: “‘[V]erification 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” (NMSA 14-14A-2.S).
Another term for a “verification on oath or affirmation” is “jurat. The “Notarial Officer Handbook” defines “jurat” as “a notarial act in which a person at a single time and place:
“● appears in person before the notary public and presents a document;
“● is personally known to the notary public or identified by the notary public through satisfactory evidence;
“● signs the document in the presence of the notary public;
“● and takes an oath or affirmation from the notary public that the person is voluntarily affixing his signature and vouching for the truthfulness or accuracy of the signed document.”Requirements: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual” (NMSA 14-14A-4.B).
“For a verification on oath or affirmation as defined in Subsection [S] of Section 14-14A-2 NMSA 1978, the individual shall declare before a notarial officer that the statement in the record is true” (NMAC 12.9.3.12.D).
Copy Certifications
Definition: “'Copy certification' means a notarial act in which a notary public:
“● is presented with an original document that is neither a vital record, a public record nor publicly recordable;
“● copies or supervises the copying of the original document using a photographic or electronic copying process; compares the original document to the copy; and
“● determines that the copy is accurate and complete” (NOH).Requirements: “A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true and accurate transcription or reproduction of the record or item” (NMSA 14-14A-4.D).
“When certifying or attesting a copy of a record, the notarial officer:
“(1) may make or supervise the copy of a record as a means of assuring the accuracy of the copy; or
“(2) review the original record along with the copy so that the notarial officer can make a comparison as required by Subsection D of Section 14-14A-4 NMSA 1978” (NMAC 12.9.3.12.E).Paper Printout of Electronic Record: “A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record” (NMSA 14-14A-3.C).
“'Certified tangible copy of an electronic record” means an original tangible copy, as defined pursuant to Subsection F of 2.9.3.7 NMAC, of an electronic record that has been certified by a notarial officer as an accurate copy of the electronic record” (NMAC 12.9.4.7.A).
“A certified tangible copy of an electronic record shall be considered an original record. A certified tangible copy of an electronic record must include a notarial certificate substantially in the short form provided in Subsection E of Section 14-14A-15 NMSA 1978” (NMAC 12.9.4.16.B).
Signature Witnessings
Definition: “Witnessing or attesting a signature differs from an acknowledgment in that the record must be signed in the physical presence of the notarial officer and there is no declaration that the record is signed for the purposes stated in the record and differs from a verification of oath and affirmation in that the individual is not declaring that a statement in the record is true” (NMAC 12.9.3.12.F).
Requirements: “A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed” (NMSA 14-14A-4.C).
“For witnessing or attesting a signature, the notarial officer shall certify that the individual has the identity claimed and that the signature is that of the individual signing” (NMAC 12.9.3.12.F).
Protests
Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs” (NMSA 55-3-505.B).
Requirements: “A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in Subsection B of Section 55-3-505 NMSA 1978” (NMSA 14-14A-4.E).
“[A protest] may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (NMSA 55-3-505.B).
Safe Deposit Boxes
Standards: “If the rental due on a safe deposit box has not been paid for six months, the lessor may send a notice by certified or registered mail to the last known address of the lessee stating that the safe deposit box will be opened and its contents stored at the expense of the lessee unless payment of the rental is made within thirty days. If the rental is not paid within thirty days from the mailing of the notice, the box may be opened in the presence of an officer of the lessor and of a notary public who is not a director, officer, employee or stockholder of the lessor. The contents shall be sealed in a package by the notary public who shall write on the outside the name of the lessee and the date of the opening. The notary public shall execute a certificate reciting the name of the lessee, the date of the opening of the box and a list of its contents. The certificate shall be included in the package and a copy of the certificate shall be sent by registered mail to the last known address of the lessee. The package shall then be placed in the general vaults of the lessor at a rental not exceeding the rental previously charged for the box” (NMSA 58-1-16.A; see also NMSA 58-10-110.A, 58-11A-6.A, and 58-11A-7.A).
STANDARDS OF PRACTICE
Personal Appearance
Notarial Acts: “If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer” (NMSA 14-14A-5.A).
Remote Notarial Acts: “A remotely located individual may comply with [NMSA 14-14A-5] or with any other requirement of the laws of this state that state that a person appear before a notarial officer at the time of a notarial act by using communication technology to appear before a notarial officer” (NMSA 14-14A-5.B).
Identification
Notarial Acts
Personal Knowledge: A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that individual has the identity claimed” (NMSA 14-14A-6.A).
Satisfactory Evidence: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual:
”(1) by means of:
“(a) a passport, driver’s license or government-issued nondriver identification card, which is current or expired not more than one year before performance of the notarial act; or
“(b) another form of government identification issued to an individual, which is current or expired not more than one year before performance of the notarial act, contains the signature or a photograph of the individual and is satisfactory to the officer; or
“(2) by a verification on oath or affirmation of a credible witness personally appearing before the officer, who is unrelated to and unaffected by the document or transaction, and known to the officer and whom the officer can identify on the basis of a passport, driver’s license or government-issued nondriver identification card, which is current or expired not more than one year before performance of the notarial act” (NMSA 14-14A-6.B).Identification Documents: “When obtaining satisfactory evidence of the identity of the signer pursuant to Paragraph (1) of Subsection B of Section 14-14A-6 NMSA 1978, the notarial officer shall review the name, birth date, photo, or other available data elements on an identification document of the signer to make a determination regarding to the identity of the signer” (NMAC 12.9.3.13.B).
Additional Information or Credentials: “A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual” (NMSA 14-14A-6.C).
Remote Notarial Acts
Definitions
“'Credential analysis' means an identity assessment used by a notarial officer to determine if an individual’s government-issued identification card is genuine. The assessment requires the use of technology to confirm the security features on an identification card and confirm the identification card is not fraudulent” (NMAC 12.9.4.7.B).
“'Identity credential' means a government issued identification card pursuant to the requirements of Paragraph (1) of Subsection B of Section 14-14A-6 NMSA 1978” (NMAC 12.9.4.7.D).
“'[I]dentity proofing' means a process or service by which a third person provides a notarial officer with the means to verify the identity of a remotely located individual by a review of personal information from public or private data sources” (NMSA 14-14A-5.K[2]).
Requirement: “A notarial officer located in this state may perform a notarial act using communication technology for a remotely located individual if … the notarial officer:
“(a) has personal knowledge of the identity of the individual pursuant to Subsection A of Section 14-14A-6 NMSA1978;
“(b) has satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public pursuant to Subsection B of Section 14-14A-6 NMSA 1978 or this section; or
“(c) has obtained satisfactory evidence of the identity of the remotely located individual by using at least two different types of identity proofing” (NMSA 14-14A-5.C[1]).Credible Witness: “A notarial officer has satisfactory evidence of the identity of a remotely located individual if the notarial officer has personal knowledge and satisfactory evidence of the identity of the individual by oath or affirmation of a credible witness appearing before the notarial officer as provided in Paragraph (2) of Subsection B of Section 14-14A-6 NMSA 1978. A credible witness may be remotely located if the notarial officer, credible witness, and remotely located individual can communicate simultaneously by using communication technology” (NMAC 12.9.4.11.C).
Identity Proofing: “If a notarial officer does not personally know the identity of a remotely located individual pursuant to Subsection A of Section 14-14A-6 NMSA 1978, the notarial officer must reasonably verify the individual’s identity through two different types of identity proofing procedures as provided in this section” (NMAC 12.9.4.11.A).
Credential Analysis: “The analysis of an identity credential must use public or private data sources to confirm the genuineness of the identity credential presented by a remotely located individual and, at a minimum:
“(1) use automated software processes to aid the notarial officer in verifying the identity of each remotely located individual;
“(2) require the identity credential to pass an authenticity test, consistent with sound commercial practices that use appropriate technologies to confirm the integrity of visual, physical, or cryptographic security features and to confirm that the identity credential is not fraudulent or inappropriately modified;
“(3) use information held or published by the issuing source or an authoritative source, as available and consistent with sound commercial practices, to confirm the validity of personal details and identity credential details; and
“(4) enable the notarial officer to visually compare for consistency, the information and photograph on the identity credential and the remotely located individual appearing before the notarial officer in real time through communication technology” (NMAC 12.9.4.11.A).Knowledge-Based Authentication: “A knowledge-based authentication is successful if it meets the following requirements:
“(1) the remotely located individual must answer a quiz consisting of a minimum of five questions related to the individual’s personal history or identity formulated from public or private data sources;
“(2) each question must have a minimum of five possible answer choices;
“(3) at least eighty percent of the questions must be answered correctly;
“(4) all questions must be answered within two minutes;
“(5) if the remotely located individual fails after two attempts, the individual may not retake the quiz within 24 hours;
“(6) during a retake of the quiz, a minimum of forty percent of the prior questions must be replaced; and
“(7) the notarial officer must not be able to see or record the questions or answers” (NMAC 12.9.4.11.B).
Refusal of Services
Specific Grounds: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:
“(1) the individual executing the record is competent or has the capacity to execute the record; or
“(2) the individual’s signature is knowingly and voluntarily made” (NMSA 14-14A-7.A).General Grounds: “A notarial officer may refuse to perform a notarial act unless refusal is prohibited by a state or federal law other than the Revised Uniform Law on Notarial Acts” (NMSA 14-14A-7.B).
Discrimination
“In accordance with the Human Rights Act [Chapter 28, Article 1 NMSA 1978], a notary public or notarial officer shall not discriminate in the performance of a notarial act pursuant to the Revised Uniform Law on Notarial Acts” (NMSA 14-14A-7.C).
Incomplete Documents
“A notary public shall not … perform a notarial act on a blank or incomplete document” (NMSA 14-14A-24.F[1]).
Signature by Proxy
“If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert “Signature affixed by (name of other individual) at the direction of (name of individual)” or words of similar import” (NMSA 14-14A-8).
Disqualifying Interest
Personal: “A notarial officer shall not perform a notarial act with respect to a record to which the officer … is a party or in which [the notarial officer] has a direct beneficial interest” (NMSA 14-14A-3.B).
Relatives: “A notarial officer shall not perform a notarial act with respect to a record to which … the officer’s spouse or domestic partner is a party or in which either of them has a direct beneficial interest” (NMSA 14-14A-3.B).
Unauthorized Practice of Law
No Authority: “A commission as a notary public or status as an automatic notarial officer does not by itself authorize an individual to:
“(1) assist persons in drafting legal records, give legal advice or otherwise practice law;
“(2) act as an immigration consultant or an expert on immigration matters;
“(3) represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters; or
“(4) receive compensation for performing any of the activities listed in this subsection” (NMSA 14-14A-24.A).
False or Deceptive Advertising
General Prohibition: “A notary public shall not engage in false or deceptive advertising” (NMSA 14-14A-24.B).
‘Notario Publico’: “A notarial officer, other than an attorney licensed to practice law in this state, shall not use the term ‘notario’ or ‘notario publico’” (NMSA 14-14A-24.C).
Misrepresentation: “A notarial officer who is not licensed to practice law shall not advertise or represent that the notarial officer may assist persons in drafting legal records, give legal advice or otherwise practice law” (NMSA 14-14A-24.D).
Mandatory Notice: “If a notarial officer who is not an attorney licensed to practice law in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media and the internet, the notarial officer shall include the following statement or an alternate statement authorized or required by the secretary of state, in the advertisement or representation, prominently and in each language used in the advertisement or representation: ‘I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.’. If the form of advertisement or representation is not broadcast media, print media or the internet and does not permit inclusion of the statement required by this subsection because of size, the statement shall be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed” (NMSA 14-14A-24.D).
Certifying Photographs
“A notarial officer shall not … certify nor authenticate a photograph” (NMSA 14-14A-24.F[2]).
Intent to Deceive
“A notarial officer shall not … perform any official action with the intent to deceive or defraud” (NMSA 14-14A-24.F[3]).
In-Person Electronic Notarial Acts
Applicable Law
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).
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.
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).
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.
Tamper-Evident Technology: “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).
Technology Systems
Approval of System Providers: Not required.
List of System Providers: Not provided.
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).
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]).
Fees: For the fees a notarial officer may charge for an electronic notarization, see “Fees for Notarial Acts,” below.
Remote Notarial Acts
Applicable Law
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 remotely located individuals. These provisions are summarized below.
New Mexico Administrative Code , Title 12, Chapter 9, Part 4: The New Mexico Secretary of State adopted rules for remote online notarizations to the state’s enactment of the Revised Uniform Law on Notarial Acts. These rules are summarized below.
Technology Systems
Approval of System Providers: Required. “'Remote online notarization system provider' means a business entity that provides a remote online notarization system that has been approved by the secretary of state” (NMAC 12.9.4.7.H).
List of Approved System Providers: A list of approved technology providers that New Mexico notarial officers may use to perform remote online notarial acts may be found at https://www.sos.nm.gov/notary-and-apostille/notary-commissions/become-a-remote-online-notary/.
Approval Requirements: “To be approved and maintain an active status, a remote online notarization system provider shall:
“(1) provide the ability for an individual receiving notarization services to print tangible copies of all records notarized for that individual executed on the system;
“(2) ensure that access to a notarial officer’s electronic signature and official stamp is limited solely to the notarial officer and protected by the use of a password or other secure means of authentication;
“(3) communication technology provided by the remote notarization system provider shall comply with the requirements of Section 12.9.4.12 NMAC;
“(4) provide for the credential analysis and knowledge-based authentication assessment requirements provided for in Section 12.9.4.11 NMAC;
“(5) provide, or allow a notarial officer to provide, a public key certificate to satisfy the requirement of Paragraph 2 of Subsection B of Section 12.9.4.13 NMAC; and
“(6) provide a storage system that complies with 12.9.4.14 NMAC” (NMAC 12.9.4.17.B).Application: “A provider must submit an application on a form prescribed by the secretary of state before the provider can provide its remote online notarization system to a notarial officer in New Mexico. Upon being approved as a provider, the secretary of state shall list the provider as active on the website of the secretary of state” (NMAC 12.9.4.17.A).
“The secretary of state may request that remote online notarization system providers submit an application on an annual basis for a remote online notarization system provider to maintain active status” (NMAC 12.9.4.17.C).Security Breach Notification: “If a remote online notarization system provider becomes aware of a security breach involving its data, the provider must comply with the requirements of the Data Breach Notification Act 57-12C-1 to 57-12C-12 NMSA 1978 and submit notice to the secretary of state” (NMAC 12.9.4.17.D[1]).
System Enhancement Notification: No later than 30 days before making any substantial changes or feature enhancements to the remote online notarization system that was previously approved by the secretary of state, a provider must request approval from the secretary of state and notify the New Mexico notarial officers using its system” (NMAC 12.9.4.17.D[2]).
Information Change Notification: “No later than 30 days after any changes to the provider’s information on file with the secretary of state, the provider must notify and update the information on a form prescribed by the secretary of state” (NMAC 12.9.4.17.D[3]).
Confirmation of Record: “A notarial officer located in this state may perform a notarial act using communication technology for a remotely located individual if … the notarial officer … is able to reasonably confirm that a record before the notarial officer is the same record in which the remotely located individual made a statement or on which the individual executed a signature” (NMSA 14-14A-5.C[2]).
Remotely Located Individual Outside the U.S.: “A notarial officer located in this state may perform a notarial act using communication technology for a remotely located individual if … for a remotely located individual located outside the United States:
“(a) the record: 1) is to be filed with or relates to a matter before a public official or court, governmental entity or other entity subject to the jurisdiction of the United States; or 2) involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and
“(b) the act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located” (NMSA 14-14A-5.C[4]).Communication Technology
Definition: “'[C]ommunication technology' means an electronic device or process that:
“(a) allows a notarial officer and a remotely located individual to communicate with each other simultaneously by sight and sound; and
“(b) when necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a vision, hearing or speech impairment” (NMSA 14-14A-5.K[1]).Audio-Video Performance: “Communication technology shall provide … for synchronous audio-video feeds of sufficient video resolution and audio clarity to enable the notarial officer and the remotely located individual to see and speak with each other (NMAC 12.9.4.12.A[1]).
Confirmation of Record: “Communication technology shall provide … a means for the notarial officer to reasonably confirm that a record before the notarial officer is the same record in which the remotely located individual made a statement or on which the remotely located individual executed a signature” (NMAC 12.9.4.12.A[2]).
Accessibility: “Communication technology shall provide … accessibility accommodations to facilitate communication with a remotely located individual who has a vision, hearing, or speech impairment” (NMAC 12.9.4.12.A[3]).
Authorization of Access: “Communication technology shall provide reasonable security measures to prevent unauthorized access to the live transmission of the audiovisual feeds, the methods used to perform the identity proofing process, and the electronic record that is the subject of the notarial act” (NMAC 12.9.4.12.B).
Restart Remote Notarial Act: “A notarial officer authorized to perform [remote online notarizations] shall stop and restart the remote online notarization process from the beginning if the:
“(1) remotely located individual or the remote notarial officer must exit the remote online notarization system before completion of the notarial act;
“(2) audio or visual feed is interrupted or terminated; or
“(3) resolution or quality of the transmission becomes such that the remote notarial officer believes the process has been compromised and cannot be completed” (NMAC 12.9.4.12.C).Provider Active Status: “A notarial officer performing a [remote online notarization] shall verify that each remote online notarization system provider has an active status with the secretary of state before using that provider’s remote online notarization system to perform a remote notarization. This duty extends to each remote online notarization” (NMAC 12.9.4.12.D).
Undue Influence or Coercion: A notarial officer authorized to perform Remote Online Notarizations shall … [o]bserve the individual’s behavior and surroundings to ensure they are acting of their own free will and are not acting under coercion or undue influence” (NOH).
Refusal of Remote Notarial Act: “A notarial officer may refuse to complete the notarization if:
“● They are unable to verify the identity of the individual;
“● They become aware that the communication technology is not secure;
“● They determine the signature of the individual cannot be attached to the electronic record;
“● They cannot attach their own electronic stamp to the record;
“● They have reasonable grounds to believe that the individual is acting under coercion or undue influence” (NOH).Recording of Remote Notarial Act: For the requirement that a notarial officer or a person acting on behalf of a notarial officer must create an audio-visual recording of the remote notarial act, see “Records of Notarial Acts,” above.
Acting with Expired Commission
“An individual who performs a purported notarial act with knowledge that the individual’s commission as a notary public has expired or that the individual is otherwise disqualified from being a notarial officer is guilty of a misdemeanor for each purported notarial act and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978” (NMSA 14-14A-24.I).
Withholding Records
“Except as otherwise allowed by law, a notarial officer shall not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public” (NMSA 14-14A-24.E).
CERTIFICATE OF NOTARIAL ACT
Certificate Requirements
General Requirement: “A notarial act shall be evidenced by a certificate” (NMSA 14-14A-14.A).
Specific Requirements: “The certificate shall:
“(1) be executed contemporaneously with the performance of the notarial act;
“(2) be signed and dated by the notarial officer in the same manner as on file with the secretary of state;
“(3) identify the jurisdiction in which the notarial act is performed;
“(4) contain the title of office of the notarial officer;
“(5) if the notarial officer is a notary public, indicate the notary public’s commission number and the date of expiration of the notarial officer’s commission; and
“(6) if the notarial officer is an automatic notarial officer:
“(a) identify the judicial district or area served if the notarial officer is a judicial officer;
“(b) identify the county served if the notarial officer is a county clerk or deputy county clerk; and
“(c) identify the state bar number if the notarial officer is an attorney but is not performing a notarial act pursuant to Subparagraph (a) or (b) of this paragraph and is not a judge.” (NMSA 14-14A-14.A).Tangible Records: “If a notarial act regarding a tangible record is performed by a notary public, an official stamp shall be affixed to or embossed on the certificate. If a notarial act is performed regarding a tangible record by an automatic notarial officer and the certificate contains the information specified in Paragraphs (2), (3), (4), (5) and (6) of Subsection A of this section, an official stamp shall be affixed to or embossed on the certificate” (NMSA 14-14A-14.B).
Electronic Records: “If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in Paragraphs (2), (3), (4), (5) and (6) of Subsection A of this section, an official stamp shall be attached to or logically associated with the certificate” (NMSA 14-14A-14.B).
Certificate Forms
New Mexico has adopted the Revised Uniform Law on Notarial Acts (RULONA) and the Act’s short-form certificates. These certificate forms appear below. In addition, these forms translated into Spanish also appear below.
Acknowledgment by Individual (NMSA 14-14A-15.A) State of New Mexico This record was acknowledged before me on ______ (date) by __________ (name[s] of individuals[s]). ________ (Signature of notarial officer) (STAMP) |
Acknowledgment by Representative (NMSA 14-14-8.B) State of New Mexico This record was acknowledged before me on ______ (date) by __________ (name[s] of individuals[s]) as ___________(type of authority, such as officer or trustee) of __________ (name of party on behalf of whom record was executed). ________ (Signature of notarial officer) (STAMP) |
Verification on Oath or Affirmation (NMSA 14-14A-15.C) State of New Mexico Signed and sworn to (or affirmed) before me on ______ (date) by __________ (name[s] of individual[s] making statement). ________ (Signature of notarial officer) (STAMP) |
Signature Witnessing or Attestation (NMSA 14-14A-15.D) State of New Mexico Signed or attested before me on ______ (date) by ____________ (name[s] of individual[s]). ________ (Signature of notarial officer) (STAMP) |
Copy Certification (NMSA 14-14A-15.E) State of New Mexico I certify that this is a true and correct copy of a record in the possession of ___________. ________ (Signature of notarial officer) (STAMP) |
Para El Reconocimiento de Capacidad Individual Estado de Nuevo Mexico Este documento fue reconocido ante mi ______ (fecha) por ______ (nombre de la persona o de las personas). ________ (Firma del oficial notarial) (Sello Oficial) |
Para Un Reconocimiento en Capacidad de Apoderado Estado de Nuevo Mexico Este documento fue reconocido ante mi ______ (fecha) por ______ (nombre de la persona o de las personas) en su capacidad de ______ (tipo de autoridad de las persona, ej., oficial fideicomisario, etc.) nombre de las persona de parte de quien el document fue firmado. ________ (Firma del oficial notarial) (Sello Oficial) |
Para Verificar Bajo Juramento O Afirmación Estado de Nuevo Mexico Firmado bajo juramento (o afirmado) ante mi ______ (fecha) ______ [nombre de la persona o de las personas) que ha declara/n. |
Para Atestiguar O Dar Fe Respect a Una Firma Estado de Nuevo Mexico Firmado o atestguado ante mi ______ (fecha) ______ por ______ (nombre de la persona o de las personas). ________ (Firma del oficial notarial) (Sello Oficial) |
Para Atestiguar Copia de Un Document Estado de Nuevo Mexico Yo certifico que esta es copia fiel de un documento en la posesión de ______ (nombre de la persona). ________ (Firma del oficial notarial) (Sello Oficial) |
Remote Notarial Certificate
“If a notarial act is performed pursuant to this section, the certificate of notarial act required by Section 14-14A-15 NMSA 1978 and the short-form certificate provided in Section 14-14A-15 NMSA 1978 shall indicate that the notarial act was performed using communication technology” (NMSA 14-14A-5.D).
Sufficiency of Certificate
Notarial Acts: “A certificate of a notarial act is sufficient if it meets the requirements of Subsections A and B of this section and:
“(1) is in a short-form set forth in Section 15 [14-14A-15 NMSA 1978] of the Revised Uniform Law on Notarial Acts;
“(2) is in a form otherwise permitted by the law of this state;
“(3) is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or
“(4) sets forth the actions of the notarial officer, and the actions are sufficient to meet the requirements of the notarial act as provided in Sections 14-14A-4 through 14-14A-6 NMSA 1978 or law of this state other than the Revised Uniform Law on Notarial Acts” (NMSA 14-14A-14.C).Remote Notarial Acts: “A short-form certificate provided pursuant to Section 14-14A-15 NMSA 1978 for a notarial act subject to this section is sufficient if it:
“(1) complies with rules adopted under Paragraph (1) of Subsection H of this section; or
“(2) is in the form provided in Section 14-14A-15 NMSA 1978 and contains a statement substantially as follows: “This notarial act involved the use of communication technology.” (NMSA 14-14A-5.E; see also NMAC 12.9.4.16.A).
Date of Notarial Act
“A notarial officer shall only enter the actual date of a notarial act (not an earlier or later date) on a record” (NMAC 12.9.3.12.C).
Permanent Ink
“The notarial officer shall … ensure the notarial certificate meets the requirements of Subsection C of Section 14-14A-14 NMSA 1978, sign the certificate using permanent ink” (NMAC 12.9.3.12.A[2]).
Security of Certificate
Tangible Records: “If a notarial act is performed regarding a tangible record, a certificate shall be part of, or securely attached to, the record” (NMSA 14-14A-14.F).
Electronic Records: “If a notarial act is performed regarding an electronic record, the certificate shall be affixed to, or logically associated with, the electronic record” (NMSA 14-14A-14.F).
Rulemaking: “If the secretary of state has established standards pursuant to Section 14-14A-26 NMSA 1978 for attaching, affixing or logically associating the certificate, the process shall conform to the standards” (NMSA 14-14A-14.F).
Executing a Certificate
“By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in Sections 14-14A-4 through 14-14A-6 NMSA 1978” (NMSA 14-14A-14.D).
“A notarial officer shall not affix the officer’s signature to, or logically associate it with, a certificate until the notarial act has been performed” (NMSA 14-14A-14.E).
SEAL AND SIGNATURE
Definitions
“[O]fficial 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 and includes an official notary seal” (NMSA 14-14A-2.I).
“[S]tamping 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” (NMSA 14-14A-2.N).“'[O]fficial notary seal” means the great seal of the state of New Mexico, unless the secretary of state has adopted a seal specific for use by notarial officers; provided that as applied to automatic notarial officers, “official notary seal” includes as an option:
“(1) for judicial officers, the seal of the court, if the supreme court has approved a seal for such court and the seal has been filed with the secretary of state;
“(2) for the secretary of state or a full-time staff member of the secretary of state’s office, the seal of the secretary of state, if the secretary of state has approved a seal and the seal has been filed with the secretary of state;
“(3) for county clerks or deputy county clerks, the seal of the county, if the board of county commissioners has approved a seal for the county and the seal has been filed with the secretary of state; and
“(4) for a person who is licensed to practice law and who is not performing a notarial act pursuant to Paragraphs (1) through (3) of this subsection, a seal approved by the state bar of New Mexico for such purpose and the seal has been filed with the secretary of state
Official Stamp Requirement
Notarial Acts
Notaries Public: Required.
“If a notarial act regarding a tangible record is performed by a notary public, an official stamp shall be affixed to or embossed on the certificate” (NMSA 14-14A-14.B).Notarial Officers: Required.
“If a notarial act is performed regarding a tangible record by an automatic notarial officer and the certificate contains the information specified in Paragraphs (2), (3), (4), (5) and (6) of Subsection A of this section, an official stamp shall be affixed to or embossed on the certificate” (NMSA 14-14A-14.B).
In-Person Electronic Notarial Acts
Notaries Public: Required (NMSA 14-14A-14.B;NMAC 12.9.3.12.B[1]-[3]).
“Upon making the required determination and identity verification:
“(1) the individual shall sign the electronic record using an electronic signature;
“(2) the notarial officer shall ensure the notarial certificate meets the requirements of Subsection C of Section 14-14A-14 NMSA 1978;
“(3) the notarial officer shall sign the notarial certificate with an electronic signature and affix the electronic seal, provided the electronic signature and seal have been previously provided to the secretary of state” (NMAC 12.9.3.12.B[1]-[3]).Automatic Notarial Officers: Required (NMSA 14-14A-14.B; NMAC 12.9.3.12.B[1]-[3]).
Remote Notarial Acts
Notaries Public: Required (NMSA 14-14A-14.B; NMAC 12.9.3.12.B[1]-[3]).
Other Notarial Officers: Required (NMSA 14-14A-14.B; NMAC 12.9.3.12.B[1]-[3]).
Electronic Real Property Records: Not required.
“A physical or electronic image of a stamp, impression or seal need not accompany an electronic signature” (NMSA 14-9A-3.C).
Stamp Format
Notarial Acts
Embosser or Inked Stamp: A rubber stamp or photocopiable embosser may be used. “The official stamp of a notarial officer shall … be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated” (NMSA 14-14A-16.B and NAC 12.9.3.14.C[2]).
Shape/Size: Rectangular or circular with the information below in 10-point type (NMAC 12.9.3.14.C[1]).
Components (NMSA 14-14A-16 and NMAC 12.9.3.14):
Notary Public:
Name of Notary;
“Notary Public”
“State of New Mexico”;
Notary Public commission number;
Notary Public commission expiration date
Official Notary seal (the official New Mexico state seal)
Notarial Officer:
Name of notarial officer
“Notarial Officer”;
“State of New Mexico”;
If the notarial officer is a New Mexico attorney, the official stamp must include the New Mexico state bar identification number. If the notarial officer is a judge, court clerk, or deputy court clerk, the official stamp must include the judicial district or area served. If the notarial officer is a county clerk or deputy county clerk, the name of the county.
Official Notary seal (the official New Mexico state seal) or appointed seal (attorney), county appointed seal (for a county clerk, deputy county clerk), or state judicial appointed seal or the seal of the court (for a judge, court clerk, deputy court clerk).
In-Person Electronic Notarial Acts: The format requirements for an official stamp for notarial acts listed above apply to the electronic official stamp for in-person electronic notarial acts.
Remote Notarial Acts
“A notarial officer authorized to perform [remote online notarizations] shall use the same electronic signature and electronic official stamp for all electronic notarial acts. A copy of the official stamp shall be provided to the secretary of state within 45 days of being authorized by the secretary of state to perform [remote online notarizations] and prior to the first [remote online notarization] being performed” (NMAC 12.9.4.13.A).
Examples
The below typical, actual-size examples of rubber stamp, embossing, and electronic Notary seals are allowed by New Mexico law. Other formats may also be permitted. The circular example shown above is affixed by a metal embosser.
Security of Stamping Device
“A notarial officer is responsible for the security of the notarial officer’s stamping device and may not allow another individual to use the device to perform a notarial act” (NMSA 14-14A-17.A).
“A notarial officer shall not share or publish his or her official stamp” (NMAC 12.9.3.13.D).
Lost or Stolen Stamp
“If a notarial officer’s stamping device is lost or stolen, the notary public or the notarial officer’s personal representative or guardian shall promptly notify the secretary of state on discovering that the device is lost or stolen” (NMSA 14-14A.17.B).
Disposition of Stamping Device
“On resignation from, or the revocation or expiration of, a notary public’s commission, or on the expiration of the date set forth in the stamping device, if any, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing or securing it against use in a manner that renders it unusable. On the death or adjudication of incompetency of a notarial officer, the notarial officer’s personal representative or guardian or any other person knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing or securing it against use in a manner that renders it unusable” (NMSA 14-14A.17.A).
Notary Signature
Requirement: “A notarial officer shall not affix the officer’s signature to, or logically associate it with, a certificate until after the notarial act has been performed” (NMSA 14-14A-14.E).
Permanent Ink: “The notarial officer shall … ensure the individual uses permanent ink in a photo-reproducible color to sign the record” (NMAC 12.9.3.12.A[1]).
Electronic Signature and Official Stamp
Tamper-Evident: “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 use a technology that the notarial officer has not selected. The tamper-evident technology must be capable of:
“(1) affixing or attaching the notarial officer’s electronic signature to the electronic record in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic record evident; and
“(2) utilizing a valid digital certificate issued by a third-party provider that uses public key infrastructure (PKI) technology that is X.509 compliant or higher. A notarial officer shall not perform a notarial act with respect to an electronic record if the digital certificate:
“(a) has expired;
“(b) has been revoked or terminated by the issuing or registering authority;
“(c) is invalid; or
“(d) is incapable of authentication” (NMAC 12.9.4.13.B).Security of eSignature, eStamp: “The remote notarial officer’s electronic signature and official stamp must be retained under the notarial officer’s sole control and access” (NMAC 12.9.4.13.C).
Employers: “A notarial officer’s employer must not permit the use of a notarial officer’s electronic signature or official stamp by anyone except the notarial officer” (NMAC 12.9.4.13.C).
RECORDS OF NOTARIAL ACTS
Records Requirement
Journal
Notarial Acts: Required.
“A notarial officer in this state shall maintain a journal in which the notarial officer chronicles all notarial acts that the notary public performs” (NMSA 14-14A-18[A]).In-Person Electronic Notarial Acts: Required (NMSA 14-14A-18[A]).
Remote Notarial Acts: Required.
“A notarial officer authorized to perform [remote online notarizations] shall adhere to the rule on journals pursuant to 12.9.3.16 NMAC” (NMAC 12.9.4.15.A).
Recording of Remote Notarial Acts: Required.
A Notary Public who performs notarial acts with respect to remotely located individuals, or a person acting on behalf of the Notary, must create an audio-visual recording of the performance of each such notarial act (NMSA 14-14A-5.C[3]).
Journal Format
“A journal may be created on a tangible medium or in an electronic format” (NMSA 14-14A-18.B).
Tangible Journal: “If the journal is maintained on a tangible medium, it must be a permanent, bound register with numbered pages” (NMSA 14-14A-18.B).
Electronic Journal: “ If the journal is maintained in an electronic format, it must be in a permanent, tamper-evident electronic format complying with the rules of the secretary of state” (NMSA 14-14A-18.B).
“If the journal is maintained in an electronic format, it shall meet all the requirements of a tangible journal and shall be:
“(a) securely stored;
“(b) recoverable in the event of a software malfunction or computer crash; and
“(c) tamper evident” (NMAC 12.9.3.15.F[1]).
“Entries from the electronic journal must be available to the public or the state ethics commission in a PDF format” (NMAC 12.9.3.15.F[2]).
If an electronic journal is turned over to the secretary of state or the state records officer, it shall be transferred in PDF format” (NMAC 12.9.3.15.E[3]).
Journal of Attorney
“[A] notarial officer licensed to practice law shall maintain a journal when performing notarial acts for members of the public unrelated to an established attorney-client relationship” (NMSA 14-14A-18.E).
“A notarial officer performing notarial acts pursuant to Subsection E of this section shall maintain only one journal at a time to chronicle all notarial acts, whether those notarial acts are performed regarding tangible or electronic records; provided that a notarial officer may keep a journal in a tangible medium for tangible records and an electronic journal for electronic records” (NMSA 14-14A-18.B).
Journal Entries
Required Entries: “An entry in a journal must … contain the following information:
“(1) the date and time of the notarial act;
“(2) a description of the record, if any, and type of notarial act;
“(3) the full name and address of each individual for whom the notarial act is performed;
“(4) if identity of the individual is based on personal knowledge, a statement to that effect;
“(5) if identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of any identification credential; and
“(6) the fee, if any, charged by the notarial officer” (NMSA 14-14A-18.C).Remote Notarial Acts: “In addition to the journal information required by Subsection C of Section 14-14A-18 NMSA 1978, the notarial officer must record the name of the remote online notarization system provider used for each remote online notarization” (NMAC 12.9.4.15.B).
Contemporaneous Completion
“An entry in a journal must be made contemporaneously with performance of the notarial act” (NMSA 14-14A-18.C).
Security of Journal
“A current or former notary public shall store the journal in a secure location under the notary public’s sole control unless a current or former notary public transmits the journal to the secretary of state or state records officer” (NMAC 12.9.3.15.B).
Lost or Stolen Journal
“If a notarial officer’s journal is lost or stolen, the notarial officer shall promptly notify the secretary of state on discovering that the journal is lost or stolen” (NMSA 14-14A-18.D).
“If a Notary Public or Automatic Notarial Officer’s journal is lost or stolen, the notary public shall promptly notify the secretary of state, and can do so as an amendment filing” (NOH).
Retention and Disposition of Records
Journal of Notarial Acts: “The notary public shall retain the journal for ten years after the performance of the last notarial act chronicled in the journal” (NMSA 14-14A-18.A).
“On resignation from, or the revocation or suspension of, a notary public’s commission, the notary public shall retain the notary public’s journal in accordance with Subsection A of this section and inform the secretary of state of where the journal is located” (NMSA 14-14A-18.F).
“Instead of retaining a journal as provided in Subsections A and F of this section, a current or former notarial officer may transmit the journal to the secretary of state, the state records officer or a repository approved by the secretary of state” (NMSA 14-14A-18.G).
“If a current or former notary public transmits the journal to the state records officer, the notary public shall notify the secretary of state by submitting the prescribed form within 30 days” (NMAC 12.9.3.15.C).
“On the death or adjudication of incompetency of a current or former notarial officer, the notarial officer’s personal representative or guardian or any other person knowingly in possession of the journal shall transmit the journal to the secretary of state, the state records officer or a repository approved by the secretary of state” (NMSA 14-14A-18.H).Audiovisual Recordings: “A notarial officer, a guardian, a conservator or an agent of a notarial officer or a personal representative of a deceased notarial officer shall retain the audiovisual recording created pursuant to Paragraph (3) of Subsection C of this section or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording” (NMSA 14-14A-5.F).
“A notarial officer authorized to perform RONs shall retain an audiovisual recording required under Paragraph (4) of Subsection C of Section 14-14A-5 NMSA 1978, on a computer, storage device, or online storage that protects the audiovisual recording against unauthorized access by password or cryptographic process. The recording must be created in an open file format and not include images of any record in which a remotely located individual made a statement or on which the remotely located individual executed a signature” (NMAC 12.9.4.14.A).
“On the death or adjudication of incompetency of a current or former notarial officer, the notarial officer's personal representative or guardian or any other person knowingly in possession of an audiovisual recording shall:
“(1) comply with the retention requirements of this section;
“(2) transmit the recording to one or more repositories pursuant to Subsection C below; or
“(3) transmit the recording on a data storage device to the secretary of state on an open file format that can be accessed and read by the secretary of state” (NMAC 12.9.4.14.B).Retention Period: “Unless a different period is required by rule adopted pursuant to Paragraph (4) of Subsection H of this section, the recording must be retained for a period of at least ten years after the recording is made” (NMSA 14-14A-5.F).
Repositories of Records
Authorization: “A notarial officer, a guardian, conservator, or agent of a notarial officer, or a personal representative of a deceased notarial officer may, by written contract, engage a third person to act as a secure repository to provide the storage required by this Subsection” (NMAC 12.9.4.14.C).
Contract: The contract shall:
“(1) enable the notarial officer, the guardian, conservator, or agent of the notarial officer, or the personal representative of the deceased notarial officer to comply with the retention requirements of this section even if the contract is terminated;
“(2) enable the notarial officer to keep all audiovisual recordings under the sole control of the notarial officer and provide copies to any requesting person; or (3) provide that the information will be securely transferred to the notarial officer, the guardian, conservator, or agent of the notarial officer, or the personal representative of the deceased notarial officer if the contract is terminated” (NMAC 12.9.4.14.C).
Employers
“A former employer may retain a copy of a notary public’s journal, but it shall be clearly marked as a copy” (NMAC 12.9.3.15.D).
FEES FOR NOTARIAL ACTS
Maximum Fees
Notarial Acts: Notarial officers, including Notaries Public, are entitled to collect the following fees for notarial acts for notarizations on paper or electronic records or remote notarizations (NMSA 14-14A-28.C, NMAC 12.9.3.11.B, and NMAC 12.9.4.9.B):
Taking an acknowledgment: $5;
Administering an oath or affirmation, without a signature: $5 per person;
Executing a jurat [verification on oath or affiramtion]: $5;
Certifying a copy: 50 cents per page, with a minimum total charge of $5.
Electronic Notarial Acts: “For an in-person notarization of an electronic record, the notary public shall follow the fee structure established pursuant to Subsection C of Section 14-14A-28 NMSA 1978” (NMAC 12.9.3.11.B).
“For performing a notarial act, a notarial officer may charge the maximum fee specified in this section, charge less than the maximum fee or waive the fee” (NMSA 14-14A-28.A).
Technology Fee
“In addition to the fees prescribed in Subsections C and D of this section, a notarial officer may charge a technology fee not to exceed twenty-five dollars ($25.00) or other amount established by rule by the secretary of state per notarial act performed with respect to an electronic record” (NMSA 14-14A-28.E)
Travel Fee
“A notarial officer may charge a travel fee when traveling to perform a notarial act if:
“(1) the notarial officer and the person requesting the notarial act agree upon the travel fee in advance of the travel; and
“(2) the notarial officer explains to the person requesting the notarial act that the travel fee is separate from the notarial fees and not mandated by law” (NMSA 14-14A-28.D).
REAL ESTATE PRACTICES
Notary Signing Agents
Currently, there are no statutes, regulations or rules expressly governing, prohibiting or restricting the operation of Notary Signing Agents within the state of New Mexico.
Recording Requirements
Acknowledgment: “Any instrument of writing duly acknowledged may be filed and recorded. Any instrument of writing not duly acknowledged may not be filed and recorded or considered of record, though so entered, unless otherwise provided in this section. A duplicate of an instrument of writing duly acknowledged may be filed and recorded to the same extent as the original” (NMSA 14-8-4.A).
“For purposes of this section, ‘acknowledged’ means notarized by a person empowered to perform notarial acts pursuant to the Notary Public Act [14-12A-1 NMSA 1978] or the Uniform Law on Notarial Acts [14-14-11 NMSA 1978]” (NMSA 14-8-4.B).
“The following documents need not be acknowledged but may be filed and recorded:
“(1) court-certified copies of a court order, judgment or other judicial decree;
“(2) court-certified transcripts of any money judgment obtained in a court of this state or, pursuant to Section 14-9-9 NMSA 1978, in the United States district court for the district of New Mexico;
“(3) land patents and land office receipts;
“(4) notice of lis pendens filed pursuant to Section 38-1-14 NMSA 1978;
“(5) provisional orders creating improvement districts pursuant to Section 4-55A-7 NMSA 1978;
“(6) notices of levy on real estate under execution or writ of attachment when filed by a peace officer pursuant to Section 39-4-4 NMSA 1978;
“(7) surveys of land that do not create a division of land but only show existing tracts of record when filed by a professional surveyor pursuant to Section 61-23-28.2 NMSA 1978;
“(8) certified copies of foreign wills, marriages or birth certificates duly authenticated; and
“(9) instruments of writing in any manner affecting lands in the state filed pursuant to Section 14-9-7 NMSA 1978, when these instruments have been duly executed by an authorized public officer” (NMSA 14-8-4.C).Real Property Records: “All deeds, mortgages, leases of an initial term plus option terms in excess of five years, or memoranda of the material terms of such leases, assignments or amendments to such leases, leasehold mortgages, United States patents and other writings affecting the title to real estate shall be recorded in the office of the county clerk of the county or counties in which the real estate affected thereby is situated. Leases of any term or memoranda of the material terms thereof, assignments or amendments thereto may be recorded in the manner provided in this section. As used in this section, ‘memoranda of the material terms of a lease’ means a memorandum containing the names and mailing addresses of all lessors, lessees or assignees; if known, a description of the real property subject to the lease; and the terms of the lease, including the initial term and the term or terms of all renewal options, if any” (NMSA 14-9-1).
RECOGNITION OF NOTARIAL ACTS
Notarial Acts in New Mexico
“A. A notarial act may be performed in this state by:
“(1) a notary public of this state; or
“(2) an automatic notarial officer of this state.
“B. The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“C. The signature and title of a notarial officer described in Subsection A of this section conclusively establish the authority of the officer to perform the notarial act. An official stamp is required unless a state law specifies that an official stamp is not required for that notarial act” (NMSA 14-14A-9).
Oath-Administering Officers: “The secretary of state, county clerks, court clerks and all notarial officers are hereby authorized and empowered to administer oaths and affirmations within the state” (NMSA 14-13-3).
Notarial Acts in U.S. State or Jurisdiction
“A. A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state if the act performed in that state is performed by a notarial officer or other individual authorized by the law of that state to perform the notarial act.
“B. The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“C. The signature and title of a notarial officer described in Subsection A of this section conclusively establish the authority of the officer to perform the notarial act. An official stamp is required unless a state law specifies that an official stamp is not required by that notarial officer or for that notarial act” (NMSA 14-14A-10).
Notarial Acts Under Authority of Federally Recognized Indian Nation, Tribe or Pueblo
“A. A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian nation, tribe or pueblo has the same effect as if performed by a notarial officer of this state if the act performed in the jurisdiction of the nation, tribe or pueblo is performed by a notarial officer or other individual authorized by the written law of the nation, tribe or pueblo to perform the notarial act.
“B. The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian nation, tribe or pueblo are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“C. The signature and title of a notarial officer described in Subsection A of this section conclusively establish the authority of the officer to perform the notarial act. An official stamp is required unless the laws of the nation, tribe or pueblo specify that an official stamp is not required by that notarial officer for that notarial act.” (NMSA 14-14A-11).
Notarial Acts Under Federal Law
“A. A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state if the act performed under federal law is performed by:
“(1) a judge;
“(2) a court clerk or deputy court clerk;
“(3) an individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law;
“(4) an individual designated a notarizing officer by the United States department of state for performing notarial acts overseas; or
“(5) any other individual authorized by federal law to perform a specified notarial act.
“B. The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“C. The signature and title of an officer described in Subsection A of this section conclusively establish the authority of the officer to perform the notarial act. An official stamp is required unless a law specifies that an official stamp is not required by that federal notarial officer or for that notarial act” (NMSA 14-14A-12).
Notarial Acts in Foreign State
“A. If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notarial officer of this state.
“B. If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
“C. The signature and official stamp of an individual holding an office described in Subsection B of this section are prima facie evidence that the signature is genuine and the individual holds the designated title. An official stamp is required unless a law of the foreign state specifies that an official stamp is not required by that notarial officer or for that notarial act.
“D. An apostille in the form prescribed by the Hague Convention of October 5, 1961 and issued by a foreign state party to the Hague Convention of October 5, 1961 conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
“E. A consular authentication issued by an individual designated by the United States department of state as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.” (NMSA 14-14A-13).
AUTHENTICATION OF NOTARIAL ACTS
Secretary of State
Authenticating certificates for Notaries, including apostilles, are issued only by the New Mexico Secretary of State’s office.
Fees: $3 per notarized document for any “certificate of appointment” or apostille. Payable to: “Secretary of State” or “New Mexico Secretary of State.”
Address:
Office of Secretary of State
Notary Public Processing Unit
325 Don Gaspar, Suite 300
Santa Fe, NM 87501Phone: 800-477-3632
Procedure: Mail or present in person the original notarized document(s), along with the appropriate fee. Indicate the country to which the document(s) will be sent and include a first-class postage-paid and addressed return envelope (website, “Request Letter”). An “Authentication Request for Apostille or Certificate of Appointment” form may be downloaded from the website and completed as a cover sheet for the original notarized document(s); instructions on this form state: “If your documents are being returned to a foreign country you must enclose a completed pre-paid, pre-addressed international air bill and international envelope.”
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