New Mexico Notary study materials
New Mexico Notary study resources

New Mexico Notary key terms

New Mexico Notary · Get comfortable with the vocabulary.

Notarial Act

Any act a notary public is authorized to perform under New Mexico law, including acknowledgments, jurats, oaths, affirmations, copy certifications, and signature witnessing.

Related: Acknowledgment, Jurat, Verification on Oath or Affirmation
Acknowledgment

A notarial act in which a signer declares to the notary, in person, that they signed a record voluntarily for its stated purpose and that the signature is theirs.

Related: Notarial Certificate, Signer Appearance
Jurat

A notarial act in which a signer, on oath or affirmation, states to the notary that the contents of a signed record are true and correct to the signer's knowledge.

Related: Oath, Affirmation, Verification on Oath or Affirmation
Verification on Oath or Affirmation

The statutory name for a jurat-style act in which a signer swears or affirms the truthfulness of a signed record before the notary, who then completes the certificate.

Related: Jurat, Oath, Notarial Certificate
Oath

A solemn promise to a supreme being or on one's conscience to tell the truth or faithfully perform a duty, administered by a notary authorized to do so.

Related: Affirmation, Jurat, Witnessing a Signature
Affirmation

A solemn promise made on one's own conscience, without reference to a deity, that carries the same legal weight as an oath and is given before a notary.

Related: Oath, Jurat
Notarial Certificate

The completed written statement attached to or embossed on a record that documents the notarial act, including the notary's signature, title, commission expiration, and required stamp elements.

Related: Acknowledgment, Jurat, Official Stamp
Signer Appearance

The requirement that the person whose signature is notarized appear physically before the notary, or by authorized communication technology for remote acts, at the time of notarization.

Related: Personal Appearance, Remote Online Notarization
Personal Appearance

The physical presence of a signer before a notary, allowing the notary to verify identity and willingness without the use of audio-video technology.

Related: Signer Appearance, Remote Online Notarization
Satisfactory Evidence of Identity

The identification standard a notary must meet, proven by a government-issued photo ID, a credible identifying witness, or other statutorily recognized means before performing a notarial act.

Related: Credible Identifying Witness, Identity Proofing, Knowledge-Based Authentication
Credible Identifying Witness

A person who personally knows the signer, is not named in the record, and swears to the signer's identity so the notary may proceed when documentary identification is unavailable.

Related: Satisfactory Evidence of Identity
Official Stamp

The physical or electronic seal a notary applies to a record, containing the notary's name, commission expiration date, and other information required by the Revised Uniform Law.

Related: Seal, Notarial Certificate, Stamp Impression Requirements
Seal

The impression made by the notary's official stamp, which authenticates the notarial certificate and must be legible and reproducible when the record is photocopied or scanned.

Related: Official Stamp, Stamp Impression Requirements
Stamp Impression Requirements

The statutory elements that must appear on the notary's stamp, such as the notary's name exactly as commissioned, the words "Notary Public," the state, and the commission expiration date.

Related: Official Stamp, Seal, Commission Expiration Date
Commission Expiration Date

The date on which the notary's authority ends, which must appear on the official stamp and on each notarial certificate the notary completes.

Related: Official Stamp, Notary Commission
Notary Commission

The official grant of authority from the state that empowers a person to perform notarial acts for a fixed term, subject to application, bonding, and oath requirements.

Related: Commission Expiration Date, Notary Bond
Notary Bond

A surety bond a commissioned notary must obtain and maintain to protect the public against losses caused by the notary's official misconduct.

Related: Notary Commission, Official Misconduct
Notarial Journal

A permanent, chronological record in which the notary documents each notarial act, including the date, parties, act type, and identification method used.

Related: Journal Entry Requirements, Journal Retention
Journal Entry Requirements

The specific data a notary must record for each act, such as the date and time, signer name, act performed, identification presented, and fee charged.

Related: Notarial Journal, Journal Retention
Journal Retention

The rule governing how long a notary must keep the notarial journal after the commission ends and how the journal is transferred or surrendered to the state.

Related: Notarial Journal, Journal Entry Requirements
Journal Custody

The notary's duty to safeguard the journal from unauthorized access and to ensure it passes to the designated state official or repository upon leaving office or death.

Related: Journal Retention, Notarial Journal
Remote Online Notarization

A notarial act performed when the signer is not physically present with the notary but appears by real-time audio-video communication that meets state technology and identity-proofing standards.

Related: Communication Technology, Identity Proofing, Remote Notarial Certificate
Communication Technology

The electronic system that allows a notary and a remotely located signer to see, hear, and speak to each other in real time during a remote notarial act.

Related: Remote Online Notarization, Remote Notarial Certificate
Identity Proofing

The process of verifying a remote signer's identity through credential analysis, knowledge-based authentication, or other approved methods before the remote notarial act proceeds.

Related: Knowledge-Based Authentication, Satisfactory Evidence of Identity, Remote Online Notarization
Knowledge-Based Authentication

An identity-verification method that poses challenge questions drawn from the signer's personal and financial history, which only the true signer should be able to answer.

Related: Identity Proofing, Remote Online Notarization
Remote Notarial Certificate

The notarial certificate used for a remote act, which must state that the act was performed by communication technology and identify the technology or location of the parties.

Related: Remote Online Notarization, Notarial Certificate, Communication Technology
Electronic Signature

An electronic sound, symbol, or process attached to a record and executed with the intent to sign, which a notary may use when performing electronic notarial acts.

Related: Electronic Notarization, Official Stamp
Electronic Notarization

Performing a notarial act on an electronic record, using an electronic signature and electronic seal that comply with state law and tamper-evident technology requirements.

Related: Electronic Signature, Official Stamp, Remote Online Notarization
Tamper-Evident Technology

Security features that reveal any later alteration to an electronically notarized record, preserving the integrity of the notarial certificate and seal.

Related: Electronic Notarization, Electronic Signature
Prohibited Acts

Actions a notary may not perform, such as notarizing their own signature, a record in which they have a beneficial interest, or an act that exceeds the scope of their commission.

Related: Official Misconduct, Notarial Act
Official Misconduct

A notary's violation of statutory duties, including improper certification, failure to require appearance, or false statements, which can lead to discipline or criminal liability.

Related: Prohibited Acts, Notary Bond
Notary Fees

The maximum charges a notary may collect for each notarial act, as set by statute, which must be disclosed and recorded where required.

Related: Notarial Journal, Notarial Act
Signature Witnessing

A notarial act in which the notary observes a signer execute a record and certifies that the signature was made in the notary's presence, without administering an oath.

Related: Notarial Act, Acknowledgment, Oath
Copy Certification

A notarial act in which the notary certifies that a copy of a record is a true, complete, and accurate reproduction of the original document presented.

Related: Notarial Act, Notarial Certificate
Notary Public

A public officer commissioned by the state, bonded and sworn, who is authorized to administer oaths, take acknowledgments, and perform other notarial acts impartially.

Related: Notary Commission, Notarial Act, Notary Bond
Revised Uniform Law on Notarial Acts

The model statute adopted by New Mexico to standardize notarial authority, identification standards, journals, stamps, and remote notarization requirements across the state.

Related: Notarial Act, Notary Commission, Remote Online Notarization
Notarization

The complete process of performing a notarial act, from verifying the signer's identity and willingness through completing the certificate, signing, and applying the official stamp.

Related: Notarial Act, Notarial Certificate, Official Stamp