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Notary Fees and Prohibited Acts Flashcards

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  1. A New Mexico notary posts a sign reading 'Immigration Expert - Notario.' Why is this problematic?

    Answer: It falsely implies legal authority and violates advertising restrictions on non-attorney notaries

    Combining 'notario' with claims of immigration expertise deceptively implies the notary can practice law.

  2. A New Mexico notary performs five separate acknowledgments for one customer in a single visit. How may fees be charged?

    Answer: Up to the maximum fee for each separate notarial act performed

    Each notarial act is separately chargeable up to the statutory maximum per act.

  3. A document's notarial certificate is blank and the signer tells the New Mexico notary to 'just stamp it anywhere.' The notary should:

    Answer: Complete a proper certificate before signing and sealing, or refuse

    A notary must never affix a signature or seal to a document lacking a completed notarial certificate.

  4. A lender offers a New Mexico notary a monthly bonus for every loan document notarized without checking IDs, to save time. Accepting would be:

    Answer: Prohibited, because identity verification cannot be skipped for any incentive

    Verifying the signer's identity through satisfactory evidence is mandatory and cannot be waived for payment.

  5. Which scenario describes a permissible act by a non-attorney New Mexico notary?

    Answer: Notarizing a will that the signer's attorney already prepared, with the signer present

    Notarizing a properly prepared document for a present, identified signer is a normal notarial act, while the other options are legal advice or drafting.

  6. A New Mexico notary discovers a customer wants a backdated notarization to meet a filing deadline. The notary should:

    Answer: Refuse, because a certificate must state the true date of the notarial act

    Falsifying the date on a notarial certificate is fraud, regardless of the customer's deadline.

  7. In New Mexico, who may discipline a notary for charging excessive fees or committing prohibited acts?

    Answer: The Secretary of State, who may deny, suspend, or revoke the commission

    The New Mexico Secretary of State commissions notaries and may deny, suspend, or revoke a commission for misconduct.