Free NM NOTARY Notary Fees and Prohibited Acts Questions and Answers 1 — Questions and Answers
Question 1: A New Mexico notary is asked to notarize three separate signatures for three different individuals on a single document. Each signature requires its own acknowledgment. What is the maximum fee the notary can charge for these notarial acts, excluding any travel fees?
- $5.00
- $25.00
- $15.00 (Correct answer)
- $10.00
Correct answer: $15.00
According to New Mexico law (NMSA 14-14A-28), the maximum fee for an acknowledgment is $5.00 per acknowledgment. Since there are three separate acknowledgments to be performed, the maximum fee is 3 multiplied by $5.00, which equals $15.00.
Question 2: Which of the following actions constitutes the unlawful practice of law and is a prohibited act for a New Mexico notary who is not a licensed attorney?
- Preparing a power of attorney document for a client. (Correct answer)
- Charging a fee to travel to a signer's location.
- Notarizing a document for a sibling, provided the notary has no financial interest in the transaction.
- Keeping a detailed journal of all notarial acts performed.
Correct answer: Preparing a power of attorney document for a client.
New Mexico law explicitly prohibits notaries who are not attorneys from assisting persons in drafting legal records, giving legal advice, or otherwise practicing law. Preparing a legal document like a power of attorney falls under this prohibition. The other options are either permitted (charging travel fees, notarizing for a non-spouse family member without interest) or required (keeping a journal).
Question 3: A New Mexico notary is also fluent in Spanish and wishes to advertise their services to the Spanish-speaking community. Under state law, which specific term are they prohibited from using in their advertising unless they are also a licensed New Mexico attorney?
- Notary Services
- Servicios Notariales
- Notary Public
- Notario Publico (Correct answer)
Correct answer: Notario Publico
NMSA 14-14A-24 explicitly prohibits a notary who is not an attorney from using the term "notario" or "notario publico". This is because in many Latin American countries, a "notario publico" is a high-level legal professional with duties similar to an attorney, and using the term can be misleading to the public.
Question 4: A notary is asked by their spouse to notarize a bill of sale for a boat that they are purchasing together as a couple. According to New Mexico law, why must the notary refuse this notarization?
- Notarizing for any family member is strictly forbidden.
- The notary has a direct beneficial interest in the transaction. (Correct answer)
- A bill of sale is not a document that can be notarized.
- The notary was not present when the spouse signed the document.
Correct answer: The notary has a direct beneficial interest in the transaction.
New Mexico law (NMSA 14-14A-3.B) prohibits a notarial officer from performing a notarial act on a record where the officer or their spouse is a party or has a direct beneficial interest. Since the notary is co-purchasing the boat, they have a direct beneficial interest and are disqualified.
Question 5: What is the maximum technology fee a New Mexico notary, who is authorized for Remote Online Notarization (RON), may charge for a single RON act, in addition to the standard notarial fee?
- $25.00 (Correct answer)
- $5.00
- $15.00
- There is no set maximum for technology fees.
Correct answer: $25.00
Per NMSA 14-14A-28 and NMAC 12.9.3.11, a New Mexico notary may charge a technology fee not to exceed $25.00 per notarial act performed with respect to an electronic record, such as during a RON session. This fee is in addition to the standard fee for the notarial act itself.
Question 6: A client presents a document for notarization but there is no notarial certificate wording included. The client, unsure of what is needed, asks the notary to add the correct certificate. Which of the following is the most appropriate and lawful action for the notary to take?
- Add an acknowledgment certificate, as it is the most common.
- Refuse to notarize the document entirely.
- Explain the different types of notarial acts (e.g., acknowledgment vs. jurat) and allow the signer to choose. (Correct answer)
- Ask the client what the purpose of the document is and select the certificate that best fits.
Correct answer: Explain the different types of notarial acts (e.g., acknowledgment vs. jurat) and allow the signer to choose.
A notary is prohibited from the unauthorized practice of law, which includes selecting the type of notarial certificate on behalf of the signer. The proper procedure is to present the different certificate options to the signer, explain the purpose of each one without giving legal advice, and let the signer make the choice.
Free NM NOTARY Notary Fees and Prohibited Acts Questions and Answers 1
A New Mexico notary is asked to notarize three separate signatures for three different individuals on a single document.
Each signature requires its own acknowledgment.
What is the maximum fee the notary can charge for these notarial acts, excluding any travel fees?