New Mexico - U.S. Notary Reference
Last Update: April 17, 2025
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-20.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
New Mexico Statutes Annotated: Most Notary statutes 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.”
Citations: Citations to the Statutes in this chapter follow this convention: NMSA, chapter, article section, and any subsection, paragraph or subparagraph within the section, if applicable, separated by periods and/or brackets. Example: NMSA 14-14A-2.A[1].
Rules
New Mexico Administrative Code: 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.
Citations: Citations to the Code in this chapter follow this convention: NMAC, title, chapter, part separated by periods, section, and any subsection, paragraph or subparagraph within the section, if applicable, separated by periods and/or brackets. Example: NMAC 12.9.3.8.A[1][a]).
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.):
(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: Required.
Notaries Public: “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).
Retakes Required, When: “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]).Automatic Notarial Officers: “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.D).
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).
Administration: “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).
Fee: “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).
Exam Passing Score: “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: “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:
Paper or Electronic Form: “A person applying for or renewing a notary public commission shall apply electronically or by paper application using the prescribed application form issued by the secretary of state” (NMAC 12.9.3.8.A).
“The Notary Application can be electronically filed at www.enterprise.sos.nm.gov” (NOH).
A paper application will be mailed to a requesting applicant.Name: “An applicant shall use the applicant’s name as it appears on the applicant’s state issued identification” (NMAC 12.9.3.8.A).
Proof of Course Completion: “In addition to meeting the requirements pursuant to Subsection B of Section 14-14A-20 NMSA 1978, the applicant shall provide … 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….” (NMAC 12.9.3.8.A.[1]).Bond: “In addition to meeting the requirements pursuant to Subsection B of Section 14-14A-20 NMSA 1978, the applicant shall provide … 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….” (NMAC 12.9.3.8.A.[2]).
Oath of Office: “In addition to meeting the requirements pursuant to Subsection B of Section 14-14A-20 NMSA 1978, the applicant shall provide … [an] 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….”(NMAC 12.9.3.8.A.[3]).
Fee: $30 (NMAC 12.9.3.8.A.[4]).
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[2]).
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
Contents and Information: “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).Online Filing: The “Notarial Officer Handbook” states that an application to become a Remote Online Notary must be completed online at www.enterprise.sos.nm.gov.
Course and Exam
Administration: “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).
Fee: “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).
Exam Passing Score: “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: “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).
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).
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://www.sos.nm.gov/notary-and-apostille/notary-commissions/notary-search.
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
Requirement: “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” (NMSA 14-14A-20.D).
Liability: “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
Stamping Device: “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).
Journal(s) of Notarial Acts: “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).
Recordings of Remote Acts: “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.I; 14-14A-3):
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
Definitions
Acknowledgment: “‘[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).In a Representative Capacity: “[I]n a representative capacity” means acting as:
“(1) an authorized officer, agent, partner, trustee or other representative for a person other than an individual;
“(2) a public officer, personal representative, guardian or other representative, in the capacity stated in a record;
“(3) an agent or attorney-in-fact for a principal; or (4) an authorized representative of another in any other capacity” (NMSA 14-14A-2.F).
Requirements
Identity of Principal: “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….” (NMSA 14-14A-4.A).
Signature of Principal: “A notarial officer who takes an acknowledgment of a record shall determine … that the signature on the record is the signature of the individual” (NMSA 14-14A-4.A).
Acknowledgment of Principal: The individual making the acknowledgment must verbally “declare” (acknowledge) to the Notary (NMSA 14-14A-2.A; see also NMAC 12.9.3.12.C):
Signature: The individual must acknowledge that “the individual signed a record for the purpose stated in the record….”
Representative Capacity and Authority: If the individual has or is signing the record in a representative capacity, the individual must declare “that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.”
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
Oath Ceremony: “[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).
Affirmation Ceremony: “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
Definitions
Verification on Oath or Affirmation: “‘[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).
Jurat: 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
Identity of Principal: “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….” (NMSA 14-14A-4.B).
Signature of Principal: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine … that the signature on the statement verified is the signature of the individual” (NMSA 14-14A-4.B).
Declaration of Principal: “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).
Oath/Affirmation: The short form certificate of notarial act for a verification on oath or affirmation states, “Signed and sworn to (or affirmed) before me …” (NMSA 14-14A-15.C) indicating that the notarial officer performing the verification must administer an oath or affirmation to the principal.
Witness Signature: The short form certificate of notarial act for a verification on oath or affirmation states, “Signed and sworn to (or affirmed) before me …” (NMSA 14-14A-15.C) indicating that the notarial officer performing the verification must personally witness the principal sign the record.
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
Full, True, Accurate: “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).
Make or Supervise Making of Copy: “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
Definition: “'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).
Requirements
Accurate Copy: “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).
Notarial Certificate: “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
Description: “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
Identity of Principal: “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).
Signature of Principal: “For witnessing or attesting a signature, the notarial officer shall certify … that the signature is that of the individual signing” (NMAC 12.9.3.12.F).
Witness Signature: The short form certificate of notarial act for a signature witnessing reads, “Signed or attested before me …” (NMSA 14-14A-15.D) indicating that the notarial officer performing the signature witnessing must personally witness the principal sign the record.
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
Requirement: Notaries Public who take an acknowledgment or verification on oath or affirmation, or who witness or attest a signature must determine from personal knowledge or satisfactory evidence of the identity of the individual, that the individual requesting the acknowledgment, verification on oath or affirmation, or signature witnessing is the person he or she claims to be (NMSA 14-14A-4.A-C).
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
Identification Documents: “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….” (NMSA 14-14A-6.B[1]).
“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).Credible Witness: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual … 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[2]).
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: “'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: “'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).
Identity Proofing: “'[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: Just as for a traditional notarial act performed in the notarial officer’s physical presence, a notarial officer who takes an acknowledgment or verification on oath or affirmation, or who witness or attest a signature must determine from personal knowledge or satisfactory evidence of the identity of the remotely located individual, that the individual requesting the acknowledgment, verification on oath or affirmation, or signature witnessing is the person he or she claims to be (NMSA 14-14A-4.A).
Personal Knowledge: “A notarial officer located in this state may perform a notarial act using communication technology for a remotely located individual if … the notarial officer … has personal knowledge of the identity of the individual pursuant to Subsection A of Section 14-14A-6 NMSA1978….” (NMSA 14-14A-5.C[1][a]).
Satisfactory Evidence
Credible Witness: “A notarial officer located in this state may perform a notarial act using communication technology for a remotely located individual if … the notarial officer …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….” (NMSA 14-14A-5.C[1][b]).
“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: “A notarial officer located in this state may perform a notarial act using communication technology for a remotely located individual if … the notarial officer … 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][c]).
“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
Competence: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that … the individual executing the record is competent or has the capacity to execute the record….” (NMSA 14-14A-7.A[1]).
Willingness: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that … the individual’s signature is knowingly and voluntarily made” (NMSA 14-14A-7.A[2]).
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
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).
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).
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.