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Notary Fees and Prohibited 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.

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  1. May a New Mexico notary charge less than the maximum statutory fee or waive the fee entirely?

    Answer: Yes, the maximum is a ceiling, not a required charge

    Statutory fee limits are maximums, so a notary may charge less or nothing at all.

  2. A signer appears confused and cannot describe the document they are signing. The New Mexico notary should:

    Answer: Refuse to notarize because the signer does not appear competent or aware

    A notary should refuse when the signer does not appear to understand the document or act willingly.

  3. Which document is a New Mexico notary prohibited from making a certified copy of?

    Answer: A birth certificate held by a vital records office

    Copies of vital records and other publicly recordable documents must be certified by the official custodian, not a notary.

  4. A New Mexico notary's employer demands the notary notarize documents for absent employees to speed up business. The notary should:

    Answer: Refuse, because an employer cannot compel an unlawful notarization

    The commission belongs to the notary, and no employer can require a notary to violate the personal appearance rule.

  5. A New Mexico notary charges $10 for an acknowledgment and an additional undisclosed $20 'processing fee' for the same act. This is:

    Answer: Improper, because it disguises a charge above the statutory maximum

    Relabeling part of the charge cannot be used to exceed the statutory maximum fee for the notarial act.

  6. May a New Mexico notary notarize a document in which their spouse is named as a party receiving a direct benefit?

    Answer: No, because the notary is disqualified by the spouse's beneficial interest

    A direct beneficial interest of the notary's spouse disqualifies the notary from performing the act.

  7. A customer asks a non-attorney New Mexico notary to draft a power of attorney from scratch. The notary should:

    Answer: Decline, because drafting legal documents is the unauthorized practice of law

    Preparing legal documents for others is the unauthorized practice of law when done by a non-attorney.