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Notarial Acts and Procedures Flashcards

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  1. A caller asks a New Mexico notary to notarize a signature over the phone because the signer is homebound. What is the correct response?

    Answer: Decline unless the act can be performed with the signer physically or remotely appearing as the law allows

    Personal appearance is required, either physically or through approved communication technology for remote online notarization; a phone call alone never suffices.

  2. Which document may a New Mexico notary certify as a true copy?

    Answer: A private letter presented by its owner

    Notaries may certify copies of records that are not publicly recorded vital records or documents whose copying is prohibited, such as birth certificates or naturalization papers.

  3. During a jurat, what must the notary administer to the signer?

    Answer: An oath or affirmation that the contents of the record are true

    A verification on oath or affirmation requires the signer to swear or affirm that the statements in the record are true.

  4. A document is written in a language the New Mexico notary cannot read, but the certificate is in English and the signer is properly identified. May the notary proceed?

    Answer: Yes, if the notary can communicate directly with the signer and complete the English certificate

    The notary certifies the signer's identity and act, not the document's content, but must be able to communicate directly with the signer.

  5. What should a New Mexico notary do if a document presented for notarization contains blank spaces?

    Answer: Ask the signer to complete or line through the blanks before notarizing

    Notarizing a record with blanks invites fraud, so the signer should complete or strike them before the act is performed.

  6. Who chooses between taking an oath or making an affirmation?

    Answer: The individual taking it, based on personal preference or belief

    The individual may choose an affirmation, which has the same legal effect as an oath but omits religious references.

  7. A New Mexico notary's neighbor of fifteen years asks for an acknowledgment but has no ID. May the notary proceed?

    Answer: Yes, identification through the notary's personal knowledge is permitted

    Personal knowledge of the individual's identity is a lawful basis for identification under RULONA.