New Mexico Notary flashcards
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- 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.
- Jurat
- A notarial act in which the signer appears personally before the officer and is administered an oath or affirmation that the record is true.
- 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.
- Personal appearance
- Physical presence of an individual before the notarial officer, or presence by communication technology for a remote notarial act.
- Commission term
- A notary public commission in New Mexico lasts four years, is not transferable, and does not run with a business sale.
- Conflict of interest
- A notarial officer has a conflict if the officer is a party to or has a direct beneficial interest in the transaction; the act is voidable.
- Self-notarization prohibition
- A notarial officer may not notarize the officer's own signature or certify a copy of a document the officer is not authorized to certify.
- Certificate contents
- An official certificate must state the date and place of the act, the officer's title, and the commission expiration date for a notary public.
- Capacity determination
- The officer must determine that the signer understands the transaction and signs voluntarily; if not, the notarial act must not be performed.
- Refusal to perform
- A notarial officer may refuse to perform a notarial act if not satisfied that the signer has competence, capacity, or is acting voluntarily.
- Grounds for discipline
- Fraud, dishonesty, incompetence, and failure to comply with Article 14A are grounds for denial, revocation, suspension, or conditioning of a commission.
- Secretary of State role
- The Secretary of State administers Article 14A, adopts implementing rules, investigates conduct, and may impose civil penalties for violations.
- Name on stamp
- The notary public's name on the official stamp must match the name on the commission; a nickname or abbreviation is not sufficient.
- Commission number
- The official stamp must show the commission number issued by the Secretary of State, and the expiration date the commission ends.
- State of New Mexico text
- The official stamp must include the words 'State of New Mexico' along with the notary's name, commission number, and expiration date.
- Stamp placement
- The official stamp must be affixed near or on the notarial certificate, and the notarial officer must sign the certificate personally.
- Defective stamp
- An illegible or incomplete stamp, or one missing a required element, invalidates the notarial certificate and may invalidate the act.
- Electronic official stamp
- An electronic stamp for a remote notarial act must include the same elements as a physical stamp and be securely attached to the electronic record.
- Journal format
- A notary public must keep a journal of notarial acts in a permanent, tamper-evident, chronological format, maintained contemporaneously.
- Journal entry contents
- Each entry records the date and time, type of notarial act, type of record, signer's name and address, evidence of identity, and fee.
- Journal retention
- The journal must be retained for at least ten years after the last notarial act recorded in it, even after the commission expires.
- Journal ownership
- The journal and official stamp are the property of the notary public, but the journal must be surrendered to the Secretary of State upon request.
- Certified journal copy
- 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.
- Journal inspection
- 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.
- RON personal appearance
- A remote notarial act requires the signer's personal appearance by communication technology allowing real-time, two-way audio and video.
- RON identity proofing
- The officer verifies the signer's identity through knowledge-based authentication, credential analysis, personal knowledge, or a credible witness.
- RON recording retention
- 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.
- RON location confirmation
- The officer must confirm the signer is physically located in New Mexico at the time of the remote act, unless another jurisdiction's law permits it.
- RON registration
- A notary public performing remote notarial acts must register with the Secretary of State and comply with additional technology and security requirements.
- RON certificate statement
- The notarial certificate for a remote notarial act must state that the act was performed by communication technology.