A. The secretary of state may adopt rules to implement the Revised Uniform Law on Notarial Acts. Rules adopted regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification. The rules may:
(1) prescribe the manner of performing notarial acts regarding tangible and electronic records;
(2) include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident;
(3) include provisions to ensure integrity in the creation, transmittal, storage or authentication of electronic records or signatures;
(4) prescribe the process of granting, renewing, conditioning, denying, suspending or revoking a notary public commission and assuring the trustworthiness of an individual holding a commission as notary public;
(5) include provisions to prevent fraud or mistake in the performance of notarial acts;
(6) establish the process for approving and accepting surety bonds and other forms of assurance pursuant to Subsection D of Section 20 [14-14A-20 NMSA 1978] of the Revised Uniform Law on Notarial Acts;
(7) provide for the administration of the examination pursuant to Subsection A of Section 21 [14-14A-21 NMSA 1978] of the Revised Uniform Law on Notarial Acts and the course of study pursuant to Subsection B of Section 21 of the Revised Uniform Law on Notarial Acts; and
(8) provide for the administration of continuing legal education for notarial officers authorized to practice law in this state in collaboration with the board of bar commissioners of the state of New Mexico and pursuant to rules adopted by the board of bar commissioners of the state of New Mexico.
B. In adopting, amending or repealing rules about notarial acts with respect to electronic records, the secretary of state shall consider, so far as is consistent with the Revised Uniform Law on Notarial Acts:
(1) the most recent standards regarding electronic records promulgated by national bodies, such as the national association of secretaries of state;
(2) standards, practices and customs of other jurisdictions that substantially enact the Revised Uniform Law on Notarial Acts; and
(3) the views of governmental officials and entities and other interested persons.
History: Laws 2021, ch. 21, § 26.
ANNOTATIONS
Effective dates. — Laws 2021, ch. 21, § 38 made Laws 2021, ch. 21, § 26 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.