Free NM NOTARY Proper Identification and Procedures Questions and Answers 1 — Questions and Answers
Question 1: A signer appears before a New Mexico notary with a document to be notarized. The signer presents a valid U.S. Passport as identification, but their physical appearance has changed significantly since the passport photo was taken. What is the notary's most appropriate course of action?
- Ask the signer for a supplemental, non-photo ID to confirm their written signature.
- Refuse the notarization because the photo does not closely resemble the signer.
- Complete the notarization, as a valid U.S. Passport is always considered sufficient evidence of identity.
- Proceed with the notarization only if the signer can satisfactorily explain the difference in appearance and the notary is convinced of their identity. (Correct answer)
Correct answer: Proceed with the notarization only if the signer can satisfactorily explain the difference in appearance and the notary is convinced of their identity.
While a valid U.S. Passport is an acceptable form of ID, the notary has a duty to be satisfied with the identity of the person appearing before them. If there is a significant discrepancy between the photo and the signer's current appearance, the notary must take additional steps to confirm identity or refuse the service if they are not satisfied. The ultimate responsibility rests with the notary to be certain of the signer's identity.
Question 2: Under New Mexico law, which of the following is an essential requirement for an individual to serve as a credible witness for identification purposes?
- The credible witness must be a family member of the signer.
- The credible witness must be personally known to the notary public. (Correct answer)
- The credible witness must sign an affidavit of identity that will be filed with the county clerk.
- The credible witness must have known the signer for at least five years.
Correct answer: The credible witness must be personally known to the notary public.
New Mexico statute (NMSA 14-14A-2) defines one method of providing satisfactory evidence of identity as the oath or affirmation of a credible witness. A key requirement for a witness to be considered 'credible' is that they are personally known by the notary performing the notarization, in addition to personally knowing the signer.
Question 3: A person comes to a New Mexico notary and has no acceptable form of identification. They state they can bring in a friend to act as a credible witness. The notary does not personally know this friend. What must the notary do?
- Allow the friend to serve as the credible witness after administering an oath.
- Allow the friend to serve as the credible witness if the friend presents two forms of valid ID.
- Refuse to use the friend as a credible witness because the notary does not personally know them. (Correct answer)
- Tell the signer to find a different notary who might know their friend.
Correct answer: Refuse to use the friend as a credible witness because the notary does not personally know them.
A fundamental rule for using a credible witness in New Mexico is that the witness must be personally known to the notary. If the notary does not have a preexisting relationship and familiarity with the proposed witness, they cannot use that person to identify the signer. The notary must refuse the notarization until proper identification can be established.
Question 4: When a New Mexico notary identifies a signer using an identification document, which of the following is a mandatory characteristic of that document?
- It must have been issued within the last five years.
- It must be a current, unexpired, government-issued document. (Correct answer)
- It must be issued by the State of New Mexico.
- It must contain the signer's residential address.
Correct answer: It must be a current, unexpired, government-issued document.
According to New Mexico law, satisfactory evidence of identity via an ID card requires a document that is current (not expired), issued by a federal or state government, and contains both a photographic image of the individual's face and the individual's signature. It does not have to be issued by New Mexico.
Question 5: A long-time client, whom the notary has known and done business with for over 15 years, requests a notarization but has forgotten their wallet and has no ID. How may the New Mexico notary properly identify this individual?
- By having the client write and sign a statement confirming their identity.
- By using 'personal knowledge' of the individual's identity. (Correct answer)
- By requiring the client to return later with a valid ID, as no exceptions are allowed.
- By calling another person who knows the client to verbally confirm their identity over the phone.
Correct answer: By using 'personal knowledge' of the individual's identity.
New Mexico law explicitly allows a notary to identify a signer through 'personal knowledge'. Personal knowledge is a familiarity with an individual resulting from interactions over time that would leave a reasonable person with a firm belief that the individual has the identity they claim. Given the long-standing relationship, this is an acceptable method of identification.
Question 6: A signer's name appears on a document as 'Robert William Jones'. The signer presents a current, valid New Mexico driver's license where the name is listed as 'Robert W. Jones'. What is the correct procedure for the notary?
- Refuse the notarization due to the name discrepancy.
- Require a second form of ID that shows the full middle name.
- Cross out 'William' on the document and write 'W.' before notarizing.
- Proceed with the notarization if satisfied that the person is the same individual, and note the name variance in the notary journal. (Correct answer)
Correct answer: Proceed with the notarization if satisfied that the person is the same individual, and note the name variance in the notary journal.
Minor variations in a name, such as an initial versus a full middle name, do not automatically invalidate an ID for notarial purposes. The notary's duty is to be satisfied that the person who signed the document is the same person named in the document and shown on the ID. If the notary is satisfied, they can proceed and should make a note of the specific name variation in their journal entry for the record.
Free NM NOTARY Proper Identification and Procedures Questions and Answers 1
A signer appears before a New Mexico notary with a document to be notarized.
The signer presents a valid U.S.
Passport as identification, but their physical appearance has changed significantly since the passport photo was taken.
What is the notary's most appropriate course of action?