Notary Fees and Prohibited Acts Flashcards

What is the maximum fee New Mexico allows for a remote online notarization?

Answer: $25

New Mexico permits a higher maximum fee of $25 for remote online notarial acts.

A New Mexico notary has a financial stake in a real estate contract. May the notary notarize the buyer's signature?

Answer: No, because a notary with a beneficial interest in the transaction is disqualified

A notary who is a party to or has a direct beneficial interest in a transaction may not notarize it.

A customer offers a New Mexico notary a $40 tip to notarize a document for a signer who is not present. The notary should:

Answer: Refuse, because personal appearance is required regardless of payment

No amount of payment can waive the requirement that the signer personally appear before the notary.

Which advertising phrase would violate New Mexico rules if used by a non-attorney notary without the required disclaimer?

Answer: Notario publico

The term 'notario publico' implies legal authority in many Latin American countries, so its use is restricted to prevent deception.

A New Mexico notary is asked to help a customer choose and complete immigration forms and represent them before USCIS. The notary should:

Answer: Decline, because non-attorneys may not give immigration legal advice or representation

Providing immigration advice or representation is the unauthorized practice of law for a non-attorney notary.

If a New Mexico notary charges a fee for a notarial act, what is a best practice regarding that fee?

Answer: Disclose the fee to the customer before performing the service

Fees should be disclosed and agreed upon before the notarial act is performed.

A New Mexico notary knowingly notarizes a forged signature in exchange for money. Which consequence is possible?

Answer: Commission revocation and criminal liability

Knowingly participating in fraud can lead to revocation of the commission and criminal prosecution.