Free NM NOTARY Remote Online Notarization (RON) Questions and Answers 1 — Questions and Answers
Question 1: A New Mexico notary with RON authorization is preparing to perform their first remote online notarization for a signer located in another state. Which of the following conditions is mandatory for the notary to legally perform this act?
- The signer's identification must be issued by the state of New Mexico.
- The notary must be physically located within the borders of New Mexico at the time of the notarization. (Correct answer)
- The electronic record must pertain to a real estate transaction within New Mexico.
- A credible witness physically present with the notary must also identify the remote signer.
Correct answer: The notary must be physically located within the borders of New Mexico at the time of the notarization.
According to New Mexico law, a notarial officer authorized to perform Remote Online Notarizations must be physically located in New Mexico at the time the notarial act takes place, even if the signer is located outside of the state.
Question 2: When a New Mexico notary applies for authorization to perform Remote Online Notarizations, what must they submit to the Secretary of State regarding the technology they will use?
- A sworn affidavit promising to use only federally-approved software.
- A list of all personal electronic devices that will be used for RON.
- A non-refundable application fee of $150.
- The name of the state-approved remote online notarization system provider(s) the notary intends to use. (Correct answer)
Correct answer: The name of the state-approved remote online notarization system provider(s) the notary intends to use.
New Mexico Administrative Code § 12.9.4.8 requires an applicant for RON authorization to provide the name of all remote online notarization systems approved for use by the secretary of state that the notarial officer intends to use.
Question 3: A notary is conducting a RON session. The identity proofing process involves knowledge-based authentication (KBA). Which of the following best describes this process?
- The signer presents a physical ID to a webcam, which is then visually inspected by the notary.
- The signer answers a series of questions formulated from public or private data sources. (Correct answer)
- A third-party service analyzes the signer's government-issued ID for security features.
- The signer provides a previously established password to the notary.
Correct answer: The signer answers a series of questions formulated from public or private data sources.
New Mexico Administrative Code defines knowledge-based authentication as a process to verify an individual's identity based on questions formulated from public or private data sources for which the individual has not provided prior answers.
Question 4: Which of the following is a key requirement for the audio-video recording of a Remote Online Notarization in New Mexico?
- The recording must be stored for a minimum of five years.
- The notary must delete the recording within 30 days to protect the signer's privacy.
- The recording must be stored by the notary or a third-party provider and be tamper-evident. (Correct answer)
- A complete copy of the recording must be filed with the Secretary of State within 48 hours.
Correct answer: The recording must be stored by the notary or a third-party provider and be tamper-evident.
New Mexico rules require the notary to maintain and store the audio-video recording of the RON session. The technology used for storage must be tamper-evident, meaning it is designed to show evidence of any changes made to the recording after the fact.
Question 5: A client asks a RON-authorized New Mexico notary to notarize their signature on an electronic document. The client suggests they can just email the document and a picture of their ID to save time. How should the notary respond?
- Agree to the request as long as the ID picture is clear and the document is in PDF format.
- Refuse the request because the law requires the signer and notary to communicate in real-time using audio-visual technology. (Correct answer)
- Agree, but charge an additional fee for the convenience of an asynchronous process.
- Refuse, because only tangible, paper documents can be notarized in New Mexico.
Correct answer: Refuse the request because the law requires the signer and notary to communicate in real-time using audio-visual technology.
Remote Online Notarization in New Mexico requires the individual signing the document and the notary public to meet face-to-face online and communicate using audiovisual technology in real-time. Emailing documents and ID images does not satisfy this synchronous appearance requirement.
Question 6: What is the relationship between a traditional New Mexico notary public commission and an authorization to perform RONs?
- They are separate commissions, and an individual can apply for RON authorization without being a traditional notary.
- An individual must already hold a commission as a New Mexico Notary Public before they can be authorized to perform RONs. (Correct answer)
- Upon receiving RON authorization, the notary's traditional commission is automatically voided.
- The expiration date for RON authorization is always five years, regardless of the traditional commission's expiration.
Correct answer: An individual must already hold a commission as a New Mexico Notary Public before they can be authorized to perform RONs.
To become a Remote Online Notary in New Mexico, an applicant must first be a commissioned New Mexico Notary Public or an Automatic Notarial Officer. The RON authorization is an amendment to the existing commission, not a standalone credential.
Free NM NOTARY Remote Online Notarization (RON) Questions and Answers 1
A New Mexico notary with RON authorization is preparing to perform their first remote online notarization for a signer located in another state.
Which of the following conditions is mandatory for the notary to legally perform this act?