Recordkeeping and Documentation Flashcards

A New Mexico notary's employer demands to keep the notary's journal when the notary quits. What is correct?

Answer: The journal remains the notary's responsibility and goes with the notary

The journal belongs to and remains the responsibility of the notary, not the employer, regardless of who purchased it.

Which situation requires prompt notification to the New Mexico Secretary of State?

Answer: The journal is lost, stolen, or compromised

Loss, theft, or compromise of the journal triggers a duty to promptly notify the Secretary of State.

A notary is asked to backdate a journal entry for a notarization performed last month that was never recorded. What should the notary do?

Answer: Refuse to falsify the record; entries must reflect accurate dates

Falsifying or backdating journal entries is prohibited misconduct that can lead to commission revocation.

Upon a New Mexico notary's death, what should be done with the notary's journal?

Answer: The personal representative should transmit it as required or to an approved repository

The notary's personal representative or guardian must follow the disposition rules, transmitting the journal as the law directs.

What is the primary legal purpose of the notary journal in New Mexico?

Answer: To provide evidence of the facts and circumstances of notarial acts

The journal creates a reliable evidentiary record that can protect the notary and the public if a notarization is later challenged.

A notary performs five separate notarizations for one signer in a single visit. How should the journal reflect this?

Answer: An entry documenting each notarial act performed

Every notarial act must be documented, so each act performed should be recorded in the journal.

Which address must appear in a New Mexico journal entry?

Answer: The address of each signer whose signature is notarized

The entry must include the name and address of each individual for whom the notarial act is performed.