A. An individual may apply to the secretary of state for a commission as a notary public. The applicant shall comply with and provide the information required by rules established by the secretary of state and pay any application fee.
B. To qualify for the commission as a notary public, an applicant shall:
(1) be at least eighteen years of age;
(2) be a citizen or permanent legal resident of the United States;
(3) be a resident of or have a place of employment in this state;
(4) be able to read and write English;
(5) not be disqualified to receive a commission under Section 22 [14-14A-22 NMSA 1978] of the Revised Uniform Law on Notarial Acts;
(6) have passed the examination required pursuant to Subsection A of Section 21 [14-14A-21 NMSA 1978] of the Revised Uniform Law on Notarial Acts; and
(7) not otherwise be qualified as a notarial officer; provided that an individual who is employed as a court clerk, deputy court clerk, county clerk or deputy county clerk may also be commissioned as a notary public.
C. Before issuance of a commission as a notary public, an applicant for the commission shall execute an oath of office pursuant to the laws of this state and submit it to the secretary of state.
D. Before issuance of a commission as a notary public, the notary public or applicant for a commission shall submit to the secretary of state an assurance in the form of a surety bond or its functional equivalent in the amount of ten thousand dollars ($10,000). The assurance must be issued by a surety or other entity licensed or authorized to do business in this state. The assurance must cover acts performed during the term of the notary public’s commission and must be in the form prescribed by the secretary of state. If a notary public violates law with respect to notaries public in this state, the surety or issuing entity is liable under the assurance. The surety or issuing entity shall give thirty days notice to the secretary of state before canceling the assurance. The surety or issuing entity shall notify the secretary of state not later than thirty days after making a payment to a claimant under the assurance. A notary public may perform notarial acts in this state only during the period that a valid assurance is on file with the secretary of state.
E. On compliance with this section, the secretary of state shall issue a commission as a notary public to an applicant for a term of four years.
F. A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees.
G. At least thirty days before expiration of each notary public’s commission, the secretary of state shall mail a notice of expiration to the notary public’s mailing address of record. A notary public may be reappointed upon making an application in the same manner as required for an original application.
History: Laws 2021, ch. 21, § 20.
ANNOTATIONS
Effective dates. — Laws 2021, ch. 21, § 38 made Laws 2021, ch. 21, § 20 effective January 1, 2022.
Applicability. — Laws 2021, ch. 21, § 37 provided that the provisions of Laws 2021, ch. 21 apply to notarial acts performed in this state on and after January 1, 2022.