New Mexico Notary cheat sheet

Article 14A of the New Mexico Uniform Law on Notarial Acts governs notarial acts performed in New Mexico and is administered by the Secretary of State.

A notarial officer must be at least 18 years old and a resident of, or hold a place of business in, the state that commissions or appoints the officer.

A notary public commission term is four years; a commission is not transferable and does not run with a business sale.

Grounds for denial, refusal to renew, revocation, suspension, or conditioning of a commission include fraud, dishonesty, incompetence, and failure to comply with Article 14A.

A notarial officer has a conflict of interest if the officer is a party to, or has a direct beneficial interest in, the transaction; such a notarial act is voidable.

A notarial officer may not notarize the officer's own signature, and may not certify a copy of a document the officer is not authorized to certify.

The officer must determine that the signer has the capacity to understand the transaction and is signing voluntarily; if not, the notarial act must not be performed.

An official certificate of notarial act must state the date and place of the act, the officer's title, and the officer's commission expiration date if the officer is a notary public.

A notarial officer may refuse to perform a notarial act if the officer is not satisfied that the signer has competence, capacity, or is acting voluntarily.

Notarial act: any act a notarial officer is authorized to perform, including acknowledgments, verifications on oath or affirmation, witness requirements, copy certification, and protest.

Acknowledgment: a declaration by a signer that the signer executed a record for the purposes stated in it; the signer need not sign in the officer's presence.

Verification on oath or affirmation: a declaration of truth of a record made by a signer, and the signer must appear personally before the officer.

Jurat (verification on oath or affirmation) requires the signer to appear personally and be administered an oath or affirmation by the notarial officer.

Witness: an individual who is present and observes a signer sign a record or hears the signer acknowledge a signature.

Record: information inscribed on a tangible medium or stored in an electronic or other medium and retrievable in perceivable form.

Personal appearance: physical presence of an individual before the notarial officer, or presence by communication technology for a remote notarial act.

Credible witness: an individual who personally knows the signer, is not named in the record, and is not a party with a beneficial interest in the transaction.

Official stamp: a physical image affixed to a tangible record or an electronic image attached to an electronic record that meets statutory content requirements.

The official stamp must include the notary public's name exactly as commissioned, the commission number, and the words 'State of New Mexico'.

The stamp must contain the commission expiration date, or the officer must write the expiration date near the stamp if the stamp does not show it.

The stamp must be a rectangular or circular physical image containing the required elements; illegible or incomplete stamps invalidate the notarial certificate.

A notary public may not use a stamp that has been altered, and must destroy or deface a stolen or lost-and-recovered stamp to prevent misuse.

The official stamp must be affixed near or on the notarial certificate, and the notarial officer must sign the certificate personally.

An electronic official stamp for a remote notarial act must include the same elements as a physical stamp and must be securely attached to the electronic record.

Imprinting a stamp on a record before the notarial act is completed is improper; the stamp is applied at the time the act is performed.

The notarial certificate must include the officer's title ('Notary Public'), the state of commission, and the expiration date of the commission.

A notary public must maintain a journal of notarial acts performed, kept in a permanent, tamper-evident, chronological format.

Each journal entry must record the date and time of the notarial act, the type of notarial act, and the type of record notarized.

Each entry must identify the signer by name and address, and describe the evidence of identity used by the notary public.

The journal must record the fee charged, if any, for the notarial act.

The journal and any official seal or stamp are the property of the notary public, but the journal must be surrendered to the Secretary of State upon request or at the end of the commission.

A notary public must provide a certified copy of a journal entry to a person who requests it, upon payment of any lawful fee and proper identification.

The journal must be retained for at least ten years after the last notarial act recorded in it.

Entries must be made contemporaneously with the notarial act and may not be altered after the fact; errors should be corrected with a dated notation.

A remote notarial act requires the signer's personal appearance by communication technology that allows real-time, two-way audio and video interaction.

The notarial officer must verify the signer's identity through identity proofing, which may include knowledge-based authentication, credential analysis, or a credible witness.

The communication technology must record the notarial act and retain the recording for at least ten years, unless a shorter period is authorized by rule.

The notarial officer must confirm the signer is physically located in New Mexico at the time of the remote notarial act, unless the act is permitted by the law of another jurisdiction.

An electronic notarial certificate must include the same information as a tangible certificate and must be attached to or logically associated with the electronic record.

A notary public performing remote notarial acts must register with the Secretary of State and comply with additional technology and security requirements.

The notarial officer must confirm that the signer can communicate and understand the proceedings in the language used during the remote session.

The recording of a remote notarial act must be kept confidential and released only as authorized by law or with the signer's consent.

A remote notarial act performed in compliance with Article 14A satisfies the appearance requirement for a notarial act in New Mexico.

A notarial officer may perform a notarial act only if the officer is physically present with the signer or uses communication technology authorized under Article 14A.

The Secretary of State may investigate a notary public's conduct and may impose a civil penalty for a violation of Article 14A.

A notary public must notify the Secretary of State of a change of name or address within the time prescribed by rule.

A commission may be denied or revoked if the applicant has been convicted of a felony or a crime involving dishonesty, unless the Secretary of State determines otherwise.

A notarial officer may not perform a notarial act if the officer's commission has expired or been revoked, suspended, or restricted.

The notarial certificate must be completed before the notary public signs and stamps the record; an incomplete certificate is not a valid notarial act.

State of emergency: a period during which the Governor has declared an emergency, allowing additional remote notarization authority under rules adopted by the Secretary of State.

Signer: an individual whose signature is notarized, or an individual who takes an oath or affirmation before a notarial officer.

Notarial officer: a notary public or other individual authorized to perform a notarial act, including certain judges, clerks, and attorneys.

Electronic record: a record created, generated, sent, communicated, received, or stored by electronic means.

Electronic signature: an electronic sound, symbol, or process attached to or logically associated with a record and executed by a person with intent to sign.

The notary public's name on the stamp must match the name on the commission; a nickname or abbreviated name is not sufficient.

The commission number on the stamp must be the number issued by the Secretary of State, and the expiration date must be the date the commission ends.

A notary public may use only one official stamp at a time; a replacement stamp must be obtained if the commission information changes.

The stamp must be legible and must not be placed over text that would obscure the certificate; a photocopy of a stamp is not an official stamp.

A notary public must record the type of identification document presented, such as a driver's license or passport, and its issuing jurisdiction.

If a credible witness identifies the signer, the journal must record the witness's name and address and the basis for the witness's knowledge.

The journal must be kept in a secure location and may be inspected by the Secretary of State or a law enforcement officer with lawful authority.

A notary public must not record the signer's personal identification number or a copy of the identification document in the journal unless required by rule.

The notary public must verify that the communication technology provides sufficient video resolution and audio clarity to observe the signer's identity and actions.

The notary public must confirm that the signer is not using a pre-recorded video or other deceptive means to impersonate the signer.

The notarial officer must state on the electronic certificate that the act was performed by remote communication technology.

A remote notarial act must be performed in a manner that protects the privacy of the signer and the confidentiality of the record.

The notary public must maintain a backup copy of the recording and journal entries for the retention period required by Article 14A.

A notary public may not perform a remote notarial act for a signer who is located outside the United States unless authorized by rule of the Secretary of State.

The validity of a notarial act is determined by the law of the jurisdiction where the act is performed, but New Mexico recognizes acts performed under the law of another jurisdiction.

A notarial act performed by a notarial officer of another state has the same effect in New Mexico as if performed by a New Mexico notarial officer.

The Secretary of State may adopt rules to implement Article 14A, including rules for electronic notarization and remote notarization.

A notary public who violates Article 14A may be subject to a civil penalty, revocation of commission, or both.

A notarial officer must keep the officer's commission and official stamp secure and must report a lost or stolen stamp to the Secretary of State.

Copy certification: a notarial act in which a notarial officer certifies that a copy of a record is a true and complete reproduction of the original.

Protest: a notarial act in which a notarial officer certifies that a negotiable instrument has been dishonored.

Oath: a solemn declaration made under penalty of perjury, while an affirmation is a solemn declaration made without invoking a deity.

Appearance: the signer's physical presence before the notarial officer, or presence by communication technology for a remote notarial act.

Commission: the authorization granted by the Secretary of State to perform notarial acts in New Mexico for a specified term.

The official stamp must be applied in a color and manner that reproduces legibly on a photocopy or electronic scan of the record.

The notary public must not lend the official stamp to another person or allow another person to use it.

The stamp must be applied after the notary public personally signs the notarial certificate, not before.

A notary public must obtain a new stamp if the commission number or expiration date changes, and must not alter the existing stamp.

The journal must record the date and time of the notarial act, which must coincide with the date on the notarial certificate.

If a notarial act is refused, the notary public may record the refusal in the journal, including the reason for refusal.

The journal must be maintained for each notarial act, including acts performed for a remote notarial session.

A notary public must not destroy the journal before the retention period ends, even after the commission expires.

The notary public must use identity proofing that meets or exceeds the standards adopted by the Secretary of State by rule.

The notary public must confirm that the signer has access to the electronic record and can review it before signing.

The notary public must ensure that the electronic signature of the signer is attached to the electronic record at the time of the remote notarial act.

The notary public must keep a record of the identity proofing method used for each remote notarial act.

The communication technology must provide a means for the notary public to confirm the signer's identity in real time and to terminate the session if identity cannot be confirmed.

A notarial officer must not perform a notarial act if the officer is a party to the record or has a direct beneficial interest in the transaction.

A notarial act is voidable if performed by a notarial officer with a conflict of interest, unless the conflict is disclosed and waived.

The notarial certificate must be signed by the notary public and must include the officer's title and commission expiration date.

The Secretary of State may require a notary public to provide a copy of the journal or records for an investigation.

Tangible record: a record inscribed on a physical medium, such as paper, that is perceptible by touch.

Electronic notarial act: a notarial act performed on an electronic record using an electronic signature and electronic official stamp.

Notarial certificate: the part of a record that contains the notarial officer's statement of the act performed and the officer's signature and stamp.

Identity proofing: the process by which a notarial officer verifies a signer's identity through documents, personal knowledge, or technology.

Knowledge-based authentication: an identity proofing method that requires the signer to answer questions derived from personal history or public records.

The official stamp must be rectangular or circular and must contain the notary public's name, commission number, 'State of New Mexico', and expiration date.

The notary public must not use a stamp that is illegible or that omits any required element; a defective stamp may invalidate the notarial act.

The stamp must be affixed near the notarial certificate and must not be placed on a separate page that is not attached to the record.

An electronic official stamp must be attached to the electronic record in a manner that is tamper-evident and verifiable.

The journal must record the type of notarial act, such as acknowledgment, jurat, or copy certification, for each entry.

The journal must record the name and address of the signer, and the name and address of any credible witness.

The journal must record the fee charged for the notarial act, if any, and the method of payment.

The journal must be kept in a format that is permanent and tamper-evident, and may be maintained electronically if it meets the requirements of Article 14A.

The notary public must verify that the signer is physically located in New Mexico at the time of the remote notarial act, unless the act is permitted by the law of another jurisdiction.

The notary public must confirm the signer's identity by personal knowledge, a credible witness, or identity proofing that meets the standards adopted by the Secretary of State.

The notary public must record the remote notarial act and retain the recording for at least ten years.

The notarial certificate for a remote notarial act must state that the act was performed by communication technology.

The notary public must maintain a journal of remote notarial acts that includes the identity proofing method used.

A notary public must complete a training or examination requirement established by the Secretary of State before receiving a commission.

A notary public must file an application with the Secretary of State and pay the required fee to obtain a commission.

A notary public must take an oath of office before performing notarial acts.

A notary public must obtain a surety bond if required by the Secretary of State by rule.

Affirmation: a solemn declaration made by a person who declines to take an oath, with the same legal effect as an oath.

Credible witness: a person who personally knows the signer, is not a party to the transaction, and can identify the signer to the notarial officer.

Personal knowledge: familiarity with a signer gained through interaction sufficient to confirm identity without additional identification documents.

Satisfactory evidence: identification of a signer based on a government-issued document, personal knowledge, or a credible witness.

Notarial act: an act performed by a notarial officer, including an acknowledgment, jurat, copy certification, or protest.

The official stamp must be applied to the notarial certificate and must be legible when reproduced by photocopy or electronic scan.

The notary public must not use a stamp that has been altered or that contains incorrect commission information.

The stamp must be applied at the time the notarial act is performed and must be accompanied by the notary public's signature.

An electronic official stamp must include the same elements as a physical stamp and must be securely attached to the electronic record.

The journal must record the date and time of the notarial act, the type of act, and the type of record notarized.

The journal must record the signer's name and address and the evidence of identity used by the notary public.

The journal must be retained for at least ten years after the last notarial act recorded in it.

The journal must be made available to the Secretary of State upon request and to a person who requests a certified copy of an entry.

The notary public must use communication technology that provides real-time, two-way audio and video interaction with the signer.

The notary public must confirm that the signer can communicate and understand the proceedings in the language used during the remote session.

The notary public must record the remote notarial act and retain the recording for at least ten years.

The notarial certificate for a remote notarial act must state that the act was performed by communication technology.

The notary public must maintain a journal of remote notarial acts that includes the identity proofing method used.

A notarial officer must not perform a notarial act if the officer's commission has expired or been revoked, suspended, or restricted.

A notarial officer must not notarize the officer's own signature or a record in which the officer has a direct beneficial interest.

A notarial officer must determine that the signer has the capacity to understand the transaction and is signing voluntarily.

A notarial officer may refuse to perform a notarial act if the officer is not satisfied that the signer has competence, capacity, or is acting voluntarily.

Acknowledgment: a declaration by a signer that the signer executed a record for the purposes stated in it; the signer need not sign in the officer's presence.

Verification on oath or affirmation: a declaration of truth of a record made by a signer, and the signer must appear personally before the officer.

Jurat: a notarial act in which the signer appears personally before the officer and is administered an oath or affirmation.

Witness: an individual who is present and observes a signer sign a record or hears the signer acknowledge a signature.

Record: information inscribed on a tangible medium or stored in an electronic or other medium and retrievable in perceivable form.

The official stamp must include the notary public's name exactly as commissioned, the commission number, and the words 'State of New Mexico'.

The stamp must contain the commission expiration date, or the officer must write the expiration date near the stamp if the stamp does not show it.

The stamp must be a rectangular or circular physical image containing the required elements; an illegible or incomplete stamp invalidates the notarial certificate.

A notary public may not use a stamp that has been altered, and must destroy or deface a stolen or lost-and-recovered stamp to prevent misuse.

A notary public must maintain a journal of notarial acts performed, kept in a permanent, tamper-evident, chronological format.

Each journal entry must record the date and time of the notarial act, the type of notarial act, and the type of record notarized.

Each entry must identify the signer by name and address, and describe the evidence of identity used by the notary public.

The journal must record the fee charged, if any, for the notarial act.

A remote notarial act requires the signer's personal appearance by communication technology that allows real-time, two-way audio and video interaction.

The notarial officer must verify the signer's identity through identity proofing, which may include knowledge-based authentication, credential analysis, or a credible witness.

The communication technology must record the notarial act and retain the recording for at least ten years, unless a shorter period is authorized by rule.

The notarial officer must confirm the signer is physically located in New Mexico at the time of the remote notarial act, unless the act is permitted by the law of another jurisdiction.