Free NM NOTARY Notary Fees and Prohibited Acts Questions and Answers 1

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?

Accepted Answer

$15.00

Answer

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?

Accepted Answer

Preparing a power of attorney document for a client.

Answer

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?

Accepted Answer

Notario Publico

Answer

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?

Accepted Answer

The notary has a direct beneficial interest in the transaction.

Answer

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?

Accepted Answer

$25.00

Answer

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.

(NM Notary) New Mexico Notary Exam Practice Test

(NM Notary) New Mexico Notary Exam Practice Test

Free NM NOTARY Notary Fees and Prohibited Acts Questions and Answers 1