Authorized Notarial Acts Flashcards
7 cards from real NM NOTARY practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Authorized Notarial Acts flashcards as text
During a remote online notarization, where must the New Mexico notary be located at the time of the act?
Answer: Within the State of New Mexico
The notary must be physically within New Mexico when performing a notarial act, including remote online notarizations, although the remote signer may be elsewhere.
A signer asks a notary which type of notarial certificate to use on their affidavit. What is the proper response?
Answer: Explain they cannot choose for the signer and suggest consulting the document's issuer or an attorney
Selecting the notarial act for a signer constitutes legal advice, so the signer must decide, possibly with guidance from the receiving agency or an attorney.
Which scenario describes a properly performed copy certification in New Mexico?
Answer: The notary compares a photocopy of a diploma with the original and certifies it is a true copy
A valid copy certification requires comparing the copy against the original document, and publicly recorded or vital records are excluded.
An employer directs an employed notary to notarize signatures of absent coworkers to speed up paperwork. What must the notary do?
Answer: Refuse, because personal appearance is required for every notarial act
Personal appearance before the notary is mandatory for every notarial act, and employer pressure never excuses skipping it.
What is the legal effect of a notary administering an affirmation instead of an oath to an affiant?
Answer: The affirmation has the same legal force as an oath
An affirmation carries the same legal weight and penalty-of-perjury consequences as an oath.
A notary is asked to witness a signature on a will kit the signer bought online. What is the notary's proper role?
Answer: Perform only the requested notarial act without advising on the will's validity
The notary may perform the authorized act requested but must not evaluate or advise on the document's legal validity.
Which element distinguishes 'witnessing a signature' from 'taking an acknowledgment' under New Mexico law?
Answer: Witnessing requires the signature to be made in the notary's presence
Witnessing or attesting a signature requires the individual to sign in the notary's presence, whereas an acknowledgment permits a previously made signature.