New Mexico Notary key terms
New Mexico Notary · Get comfortable with the vocabulary.
- Notarial Act
- Related: Acknowledgment, Jurat, Verification on Oath or Affirmation
Any act a notary public is authorized to perform under New Mexico law, including acknowledgments, jurats, oaths, affirmations, copy certifications, and signature witnessing.
- Acknowledgment
- Related: Notarial Certificate, Signer Appearance
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.
- Jurat
- Related: Oath, Affirmation, Verification on Oath or Affirmation
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.
- Verification on Oath or Affirmation
- Related: Jurat, Oath, Notarial Certificate
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.
- Oath
- Related: Affirmation, Jurat, Witnessing a Signature
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.
- Affirmation
- Related: Oath, Jurat
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.
- Notarial Certificate
- Related: Acknowledgment, Jurat, Official Stamp
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.
- Signer Appearance
- Related: Personal Appearance, Remote Online Notarization
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.
- Personal Appearance
- Related: Signer Appearance, Remote Online Notarization
The physical presence of a signer before a notary, allowing the notary to verify identity and willingness without the use of audio-video technology.
- Satisfactory Evidence of Identity
- Related: Credible Identifying Witness, Identity Proofing, Knowledge-Based Authentication
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.
- Credible Identifying Witness
- Related: Satisfactory Evidence of Identity
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.
- Official Stamp
- Related: Seal, Notarial Certificate, Stamp Impression Requirements
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.
- Seal
- Related: Official Stamp, Stamp Impression Requirements
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.
- Stamp Impression Requirements
- Related: Official Stamp, Seal, Commission Expiration Date
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.
- Commission Expiration Date
- Related: Official Stamp, Notary Commission
The date on which the notary's authority ends, which must appear on the official stamp and on each notarial certificate the notary completes.
- Notary Commission
- Related: Commission Expiration Date, Notary Bond
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.
- Notary Bond
- Related: Notary Commission, Official Misconduct
A surety bond a commissioned notary must obtain and maintain to protect the public against losses caused by the notary's official misconduct.
- Notarial Journal
- Related: Journal Entry Requirements, Journal Retention
A permanent, chronological record in which the notary documents each notarial act, including the date, parties, act type, and identification method used.
- Journal Entry Requirements
- Related: Notarial Journal, Journal Retention
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.
- Journal Retention
- Related: Notarial Journal, Journal Entry Requirements
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.
- Journal Custody
- Related: Journal Retention, Notarial Journal
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.
- Remote Online Notarization
- Related: Communication Technology, Identity Proofing, Remote Notarial Certificate
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.
- Communication Technology
- Related: Remote Online Notarization, Remote Notarial Certificate
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.
- Identity Proofing
- Related: Knowledge-Based Authentication, Satisfactory Evidence of Identity, Remote Online Notarization
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.
- Knowledge-Based Authentication
- Related: Identity Proofing, Remote Online Notarization
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.
- Remote Notarial Certificate
- Related: Remote Online Notarization, Notarial Certificate, Communication Technology
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.
- Electronic Signature
- Related: Electronic Notarization, Official Stamp
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.
- Electronic Notarization
- Related: Electronic Signature, Official Stamp, Remote Online 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.
- Tamper-Evident Technology
- Related: Electronic Notarization, Electronic Signature
Security features that reveal any later alteration to an electronically notarized record, preserving the integrity of the notarial certificate and seal.
- Prohibited Acts
- Related: Official Misconduct, Notarial Act
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.
- Official Misconduct
- Related: Prohibited Acts, Notary Bond
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.
- Notary Fees
- Related: Notarial Journal, Notarial Act
The maximum charges a notary may collect for each notarial act, as set by statute, which must be disclosed and recorded where required.
- Signature Witnessing
- Related: Notarial Act, Acknowledgment, Oath
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.
- Copy Certification
- Related: Notarial Act, Notarial Certificate
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.
- Notary Public
- Related: Notary Commission, Notarial Act, Notary Bond
A public officer commissioned by the state, bonded and sworn, who is authorized to administer oaths, take acknowledgments, and perform other notarial acts impartially.
- Revised Uniform Law on Notarial Acts
- Related: Notarial Act, Notary Commission, Remote Online Notarization
The model statute adopted by New Mexico to standardize notarial authority, identification standards, journals, stamps, and remote notarization requirements across the state.
- Notarization
- Related: Notarial Act, Notarial Certificate, Official Stamp
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.