Notary Fees and Prohibited Acts Flashcards

Under New Mexico law, what is the maximum fee a notary public may charge for a standard in-person notarial act?

Answer: $10

New Mexico caps the fee for a standard in-person notarial act at $10.

A New Mexico notary agrees to travel to a client's home. Which statement about travel fees is correct?

Answer: A travel fee may be charged if the signer agrees to it in advance

A notary may charge a travel fee only when the signer agrees to the amount before the service.

A non-attorney New Mexico notary is asked to explain which type of deed a customer should use. What should the notary do?

Answer: Decline, because selecting a legal document is the unauthorized practice of law

Advising a person on which legal document to use constitutes the unauthorized practice of law for a non-attorney notary.

Which of the following is a New Mexico notary always prohibited from doing?

Answer: Notarizing their own signature

A notary may never perform a notarial act on their own signature because they are a party to the act.

A New Mexico notary who is not an attorney advertises notarial services in Spanish. What must the advertisement include?

Answer: A disclaimer stating the notary is not an attorney and cannot give legal advice

Non-attorney notaries advertising in a language other than English must include a disclaimer that they are not attorneys and cannot give legal advice.

May a New Mexico notary refuse to perform a notarial act?

Answer: Yes, a notary may refuse unless refusal is prohibited by other law

Under RULONA a notary may refuse to perform a notarial act unless another law requires otherwise.

A signer asks a New Mexico notary to notarize a document with the signature page detached from the rest. The notary should:

Answer: Refuse, because notarizing an incomplete or detached document risks fraud

Notarizing incomplete or detached documents facilitates fraud and should be refused.