NM NOTARY Official Stamp and Journal Questions and Answers — Questions and Answers
Question 1: A New Mexico Notary Public resigns from their job. The employer, who paid for the notary's commission and supplies, demands that the notary surrender their official stamp and journal. What is the correct course of action for the notary?
- Surrender the journal to the employer but destroy the stamp.
- Refuse to surrender the stamp and journal as they are the exclusive property of the notary. (Correct answer)
- Surrender both the stamp and journal to the employer as they are company property.
- Leave the stamp and journal with the employer but notify the Secretary of State of the transfer.
Correct answer: Refuse to surrender the stamp and journal as they are the exclusive property of the notary.
According to New Mexico law, the official seal or stamp is the exclusive property of the notary public. It cannot be possessed or used by any other person and must not be surrendered to an employer upon termination of employment.
Question 2: Which of the following is NOT a required element on the official stamp of a New Mexico Notary Public?
- The notary's commission number
- The notary's legal name as it appears on the commission
- The Great Seal of the State of New Mexico (Correct answer)
- The words "State of New Mexico"
Correct answer: The Great Seal of the State of New Mexico
While the stamp must contain the words "State of New Mexico" and "Notary Public", the notary's name, commission number, and expiration date, it must not contain the Great Seal of the State of New Mexico.
Question 3: A notary in New Mexico chooses to maintain a tangible (paper) journal. According to state law, what physical format must this journal adhere to?
- A three-ring binder with loose-leaf, numbered pages.
- A permanent, bound register with numbered pages. (Correct answer)
- A spiral-bound notebook is acceptable if entries are in chronological order.
- Any format is acceptable as long as it is secured in a locked cabinet.
Correct answer: A permanent, bound register with numbered pages.
New Mexico statute specifies that if a notary's journal is maintained on a tangible medium, it must be a permanent, bound register with numbered pages to ensure its integrity and prevent tampering.
Question 4: A New Mexico notary realizes their journal is missing and likely stolen. What is the first required action the notary must take upon this discovery?
- Purchase a new journal and continue notarizing.
- Notify their bonding company immediately.
- Publish a notice in a local newspaper.
- Promptly notify the Secretary of State. (Correct answer)
Correct answer: Promptly notify the Secretary of State.
If a notary public's journal is lost or stolen, the law requires the notary to promptly notify the Secretary of State. If theft is involved, they should also inform law enforcement.
Question 5: According to New Mexico law, for how long must a notary public retain their journal after the last notarial act is recorded in it?
- For the duration of their current 4-year commission.
- For ten years. (Correct answer)
- Indefinitely.
- For seven years.
Correct answer: For ten years.
A New Mexico Notary Public is required to retain their journal for ten years after the performance of the last notarial act chronicled in the journal, regardless of the status of their commission.
Question 6: When recording a notarial act in their journal, which of the following pieces of information is a New Mexico notary required to include?
- The signer's driver's license number, if used for identification.
- The full name and address of each individual for whom the act is performed. (Correct answer)
- The signer's telephone number.
- The name of the document's originator or author.
Correct answer: The full name and address of each individual for whom the act is performed.
Each journal entry must contain several key elements, including the date and time, type of act, and the full name and address of each individual for whom the notarial act is performed. While a description of the ID is required, the full ID number is not specified as a mandatory element to be recorded.
NM NOTARY Official Stamp and Journal Questions and Answers
A New Mexico Notary Public resigns from their job.
The employer, who paid for the notary's commission and supplies, demands that the notary surrender their official stamp and journal.
What is the correct course of action for the notary?