This act [14-12A-1 to 14-12A-26 NMSA 1978] may be cited as the “Notary Public Act”. History: Laws 2003, ch. 286, § 1. ANNOTATIONS Delayed repeals. — Laws 2021, ch. 21, § 36 repeals 14-12A-1 NMSA 1978, effective January 1, 2022. Effective dates. — Laws 2003, ch. 286, § 28 Laws 2003, ch. 286, § 1 […]
A. A notary public shall not influence a person either to enter into or avoid a transaction involving a notarial act by the notary public, except that the notary public may advise against a transaction if the notary public knows or has good reason to believe that the notarial act or the associated transaction is […]
A. If a notary public or any other officer authorized by law to make or give a certificate or other writing makes or delivers as true a certificate or writing containing statements that he knows to be false, or appends his official signature to acknowledgments or other documents when the principals executing the documents have […]
A. A notary public shall not notarize a signature: (1) on a blank or incomplete document; or (2) on a document without notarial certificate wording. B. A notary public shall neither certify nor authenticate a photograph. History: Laws 2003, ch. 286, § 12. ANNOTATIONS Delayed repeals. — Laws 2021, ch. 21, § 36 repeals 14-12A-12 […]
A notary public shall not perform any official action with the intent to deceive or defraud. History: Laws 2003, ch. 286, § 13. ANNOTATIONS Delayed repeals. — Laws 2021, ch. 21, § 36 repeals 14-12A-13 NMSA 1978, effective January 1, 2022. Effective dates. — Laws 2003, ch. 286, § 28 Laws 2003, ch. 286, § […]
A notary public shall not use the official notary public title or seal to endorse, promote, denounce or oppose any product, service, contest, candidate or other offering. History: Laws 2003, ch. 286, § 14. ANNOTATIONS Delayed repeals. — Laws 2021, ch. 21, § 36 repeals 14-12A-14 NMSA 1978, effective January 1, 2022. Effective dates. — […]
A. If notarial certificate wording is not provided or indicated for a document, a non-attorney notary public shall not determine the type of notarial act or certificate to be used. B. A non-attorney notary public shall not assist another person in drafting, completing, selecting or understanding a document or transaction requiring a notarial act. C. […]
A. For performing a notarial act, a notary public may charge the maximum fee specified in this section, charge less than the maximum fee or waive the fee. B. A notary public shall not discriminate by conditioning the fee for a notarial act on the attributes of the principal. C. An employer shall not establish […]
In notarizing a paper document, a notary public shall: A. sign by hand on the notarial certificate exactly and only the name indicated on the notary public’s seal or stamp; B. not sign using a facsimile stamp or an electronic or other printing method; and C. affix the official signature only at the time the […]
A. A notary public shall keep an official seal or stamp that is the exclusive property of the notary public. The seal or stamp shall not be possessed or used by any other person or surrendered to an employer upon termination of employment. B. A notarial seal or stamp shall contain the exact name of […]
Upon performance of any notarial act, the notary public shall, immediately opposite or following the notary public’s signature, endorse the date of the expiration of commission. The endorsement may be legibly written, stamped or printed upon the instrument and shall be substantially in the following form: “My commission expires (stating date of expiration of commission)”. […]
As used in the Notary Public Act: A. “acknowledgment” means a notarial act in which a person at a single time and place: (1) appears in person before the notary public and presents a document; (2) is personally known to the notary public or identified by the notary public through satisfactory evidence; and (3) indicates […]
A. Upon any change of a notary public’s name, the notary public shall, within ten days of such change, make application to the secretary of state for issuance of a corrected commission. The application shall be on a form prescribed by the secretary of state and shall contain an impression or image of the new […]
A. A notary public shall notify the secretary of state in writing of a change of the notary public’s residence, business or mailing address within ten days after such change. B. A notary public shall notify the surety for the notary public’s bond in writing within ten days of a change of residence, business or […]
Upon request, the secretary of state shall certify to a notary public’s commission. History: Laws 2003, ch. 286, § 22. ANNOTATIONS Delayed repeals. — Laws 2021, ch. 21, § 36 repeals 14-12A-22 NMSA 1978, effective January 1, 2022. Effective dates. — Laws 2003, ch. 286, § 28 Laws 2003, ch. 286, § 22 effective July […]
A. A notary public who resigns his commission shall send to the secretary of state by any means providing a tangible receipt or acknowledgment, including certified mail and electronic transmission, a signed notice indicating the effective date of resignation. B. A notary public who ceases to reside in New Mexico, or who becomes permanently unable […]
A. When a notary public commission expires or is resigned or revoked, the notary public shall, as soon as reasonably practicable, destroy or deface all notary seals and stamps so that they may not be misused. B. If a notary public dies during the term of commission or before fulfilling the requirement stipulated in Subsection […]
Any notary public who exercises the duties of his office with the knowledge that his commission has expired or that he is otherwise disqualified is guilty of a misdemeanor and upon conviction shall be punished by a fine of five hundred dollars ($500) and shall be removed from office by the governor. History: Laws 2003, […]
A. The governor may revoke the commission of any notary public who: (1) submits an application for appointment as a notary public that contains a false statement; (2) is or has pleaded guilty or nolo contendere to a felony or been convicted of a felony or of a misdemeanor arising out of a notarial act […]
A notary public shall: A. be a resident of New Mexico; B. be at least eighteen years of age; C. be able to read and write the English language; D. not have pleaded guilty or nolo contendere to a felony or been convicted of a felony; and E. not have had a notary public commission […]
