NM NOTARY Prohibited Acts and Ethics Questions and Answers

Question 1

A New Mexico notary is asked to notarize a vehicle title where the notary is the seller named in the document. Which of the following actions is required by law?

Accepted Answer

Refuse to notarize the document due to a direct beneficial interest.

Answer

Notarize the document but make a detailed note of the situation in the journal.

Answer

Proceed with the notarization only if the buyer is a close family member.

Answer

Ask a coworker who is also a notary to perform the notarization in their presence.

Question 2

A client brings a document to a notary and asks, "Which type of notarial certificate should I use for this form, an acknowledgment or a jurat?" What is the notary's ethically correct response?

Accepted Answer

"I cannot legally advise you on which certificate to use. You must choose the correct one for your document's purpose."

Answer

"Based on the document's title, a jurat seems more appropriate as it involves an oath."

Answer

"Let me read the document's instructions to determine the required notarial act for you."

Answer

"Most people use an acknowledgment for this kind of form, so that is what I would recommend."

Question 3

A New Mexico notary who is not an attorney wishes to advertise their services in a local Spanish-language newspaper. Which of the following is a prohibited act?

Accepted Answer

Using the literal translation "Notario Público" to describe their services without a disclaimer.

Answer

Listing the maximum statutory fees for each type of notarial act.

Answer

Including their notary commission expiration date in the advertisement.

Answer

Stating their hours of availability for notarial services.

Question 4

A client appears before a notary on April 5th and asks the notary to date the notarial certificate for April 2nd, which was the date the client actually signed the document at home. What must the notary do?

Accepted Answer

Refuse to back-date the certificate and state that the certificate must reflect the date of the physical appearance.

Answer

Agree, as long as the client signs an affidavit confirming the signing date.

Answer

Use the earlier date but make a detailed note in the journal explaining the circumstances.

Answer

Call the document's receiving agency to ask if back-dating is permissible for their records.

Question 5

Which of the following actions constitutes the unauthorized practice of law for a New Mexico notary?

Accepted Answer

Assisting a signer in drafting a legal document or choosing which form to use.

Answer

Refusing to notarize a document if the signer appears confused or coerced.

Answer

Charging the maximum fee allowed by state law for taking an acknowledgment.

Answer

Notarizing a document written in a foreign language that the notary does not understand.

Question 6

A notary's official stamp may only be used for which of the following purposes?

Accepted Answer

To authenticate a notarial act as part of a completed notarial certificate.

Answer

To mark personal mail to indicate the sender is a public official.

Answer

To endorse a product or service offered by the notary's primary employer.

Answer

To certify a photograph as a true likeness of an individual.