NM NOTARY Prohibited Acts and Ethics Questions and Answers 1 — 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?
- Notarize the document but make a detailed note of the situation in the journal.
- Proceed with the notarization only if the buyer is a close family member.
- Refuse to notarize the document due to a direct beneficial interest. (Correct answer)
- Ask a coworker who is also a notary to perform the notarization in their presence.
Correct answer: Refuse to notarize the document due to a direct beneficial interest.
New Mexico law (NMSA 1978, § 14-14A-3.B) prohibits a notarial officer from performing a notarial act on a record in which the officer or their spouse/domestic partner is a party or has a direct beneficial interest. Selling a vehicle constitutes a direct beneficial interest, creating a conflict of interest. The only proper action is to refuse.
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?
- "I cannot legally advise you on which certificate to use. You must choose the correct one for your document's purpose." (Correct answer)
- "Based on the document's title, a jurat seems more appropriate as it involves an oath."
- "Let me read the document's instructions to determine the required notarial act for you."
- "Most people use an acknowledgment for this kind of form, so that is what I would recommend."
Correct answer: "I cannot legally advise you on which certificate to use. You must choose the correct one for your document's purpose."
Choosing a notarial certificate for a signer constitutes the unauthorized practice of law, which is strictly prohibited for non-attorney notaries in New Mexico. The notary must remain impartial and cannot provide legal advice or make decisions on behalf of the signer. The signer must direct the notary as to which act to perform.
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?
- Listing the maximum statutory fees for each type of notarial act.
- Using the literal translation "Notario PĂşblico" to describe their services without a disclaimer. (Correct answer)
- Including their notary commission expiration date in the advertisement.
- Stating their hours of availability for notarial services.
Correct answer: Using the literal translation "Notario PĂşblico" to describe their services without a disclaimer.
New Mexico law (NMSA 1978, § 14-14A-24.C) explicitly prohibits a non-attorney notary from using the term "notario" or "notario publico". This is because in many Latin American countries, a "notario público" is a high-level attorney, and using the term is considered deceptive advertising that could mislead the public.
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?
- Agree, as long as the client signs an affidavit confirming the signing date.
- Refuse to back-date the certificate and state that the certificate must reflect the date of the physical appearance. (Correct answer)
- Use the earlier date but make a detailed note in the journal explaining the circumstances.
- Call the document's receiving agency to ask if back-dating is permissible for their records.
Correct answer: Refuse to back-date the certificate and state that the certificate must reflect the date of the physical appearance.
A notary's certificate attests to the facts of the notarization, including the date and time the signer personally appeared before the notary. Knowingly completing a certificate with false information, such as an incorrect date, is a serious prohibited act. The date on the certificate must always be the actual date the notarization took place.
Question 5: Which of the following actions constitutes the unauthorized practice of law for a New Mexico notary?
- Refusing to notarize a document if the signer appears confused or coerced.
- Charging the maximum fee allowed by state law for taking an acknowledgment.
- Notarizing a document written in a foreign language that the notary does not understand.
- Assisting a signer in drafting a legal document or choosing which form to use. (Correct answer)
Correct answer: Assisting a signer in drafting a legal document or choosing which form to use.
Under New Mexico law, a notary commission does not authorize an individual to assist in drafting legal records, give legal advice, or otherwise practice law unless they are a licensed attorney. Helping a signer draft a document or selecting a form on their behalf falls squarely into this prohibited category.
Question 6: A notary's official stamp may only be used for which of the following purposes?
- To mark personal mail to indicate the sender is a public official.
- To endorse a product or service offered by the notary's primary employer.
- To certify a photograph as a true likeness of an individual.
- To authenticate a notarial act as part of a completed notarial certificate. (Correct answer)
Correct answer: To authenticate a notarial act as part of a completed notarial certificate.
The official stamp is a required part of a notarial certificate and its use is strictly limited to authenticating a performed notarial act. Using the title or stamp of a notary to endorse products, services, or candidates is a prohibited act. New Mexico law also prohibits notaries from certifying photographs.
NM NOTARY Prohibited Acts and Ethics Questions and Answers 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?