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Authorized Notarial Acts Flashcards

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  1. Under the New Mexico Revised Uniform Law on Notarial Acts (RULONA), which of the following is an authorized notarial act?

    Answer: Certifying a copy of a record

    RULONA authorizes New Mexico notaries to certify or attest copies of records, while drafting documents and giving legal advice constitute unauthorized practice of law.

  2. When taking an acknowledgment, what must the individual do before the notary?

    Answer: Declare that the signature on the record is theirs and made willingly

    An acknowledgment requires the signer to appear and declare the signature is theirs and voluntarily made; the document may have been signed beforehand.

  3. Which notarial act requires the signer to sign the document in the notary's physical or electronic presence?

    Answer: Verification on oath or affirmation (jurat)

    A verification on oath or affirmation requires the signer to sign in the notary's presence after swearing or affirming the contents are true.

  4. A customer asks a New Mexico notary to notarize a document with a blank space for the sale price. What should the notary do?

    Answer: Refuse until the blank is completed or struck through

    Notaries should not notarize incomplete documents because blanks can be filled in later to commit fraud.

  5. Which of the following may a New Mexico notary administer to a witness before testimony?

    Answer: An oath or affirmation

    Administering oaths and affirmations is an authorized notarial act under New Mexico law.

  6. What is the difference between an oath and an affirmation in New Mexico notarial practice?

    Answer: An oath invokes a deity; an affirmation is a solemn promise without religious reference

    An oath appeals to a Supreme Being, while an affirmation is an equivalent solemn declaration made without religious reference, and both carry the same legal effect.

  7. A person cannot physically sign their name due to disability. Under New Mexico law, how may the notarization proceed?

    Answer: The notary may sign the person's name at their direction, noting the circumstances

    RULONA permits the notary to sign the individual's name at their direction and in their presence, noting this fact in the certificate.