NM NOTARY Remote Online Notarization Questions and Answers 1 — Questions and Answers
Question 1: A New Mexico notary is approved to perform Remote Online Notarizations (RON). During a RON session, where must the notary be physically located?
- In the same county where their commission is filed.
- Anywhere in the world, as long as they are using an approved RON platform.
- Within the state of New Mexico. (Correct answer)
- At the physical address listed on their notary commission application.
Correct answer: Within the state of New Mexico.
According to New Mexico statute NMSA 14-14A-5(C), a notarial officer located in New Mexico may perform a notarial act using communication technology for a remotely located individual. The law explicitly requires the notary to be physically present within the state's borders at the time of the notarization, while the signer may be located anywhere.
Question 2: Which of the following is a mandatory requirement for identifying a principal signer during a Remote Online Notarization in New Mexico if the notary does not have personal knowledge of the individual?
- The signer must present two forms of government-issued photo ID via the audio-visual platform.
- The signer must answer a series of challenge questions from a third-party data service and present a government-issued ID that is verified through credential analysis. (Correct answer)
- A single credible witness, known to the notary, must appear on camera with the signer to vouch for their identity.
- The signer must provide their Social Security Number and date of birth for verification against a federal database.
Correct answer: The signer must answer a series of challenge questions from a third-party data service and present a government-issued ID that is verified through credential analysis.
New Mexico law (NMSA 14-14A-5 and 14-14A-6) specifies a multi-factor authentication process for remote identification. This includes remote presentation of a government ID, credential analysis of that ID, and knowledge-based authentication (KBA) or another approved identity proofing method. Simply presenting IDs or using a single credible witness without the other required steps is insufficient for RON.
Question 3: A New Mexico notary performs a Remote Online Notarization. What is the minimum required retention period for the audio-visual recording of this notarial act?
- 5 years
- 7 years
- Until the notary's commission expires
- 10 years (Correct answer)
Correct answer: 10 years
Per New Mexico law (NMSA 14-14A-5 F), the audio-visual recording of a remote online notarization must be retained by the notary public or a designated repository for a period of at least ten years after the recording is made.
Question 4: When a notary applies their electronic official stamp to a document during a RON, what is the key technological requirement for that stamp and the associated electronic signature?
- It must be a scanned, high-resolution image of the notary's physical stamp.
- It must be attached to or logically associated with the record in a way that makes any subsequent changes to the record evident. (Correct answer)
- It must be applied using a software program provided exclusively by the New Mexico Secretary of State.
- It must contain a watermark of the notary's commission number that is visible when printed.
Correct answer: It must be attached to or logically associated with the record in a way that makes any subsequent changes to the record evident.
New Mexico law requires that the electronic seal and signature be attached to the electronic record in a tamper-evident manner. This ensures the integrity of the notarized document, as any changes made after the notarization would be detectable.
Question 5: A client in Germany needs a document notarized for a real estate transaction in Santa Fe. A New Mexico notary, who is physically in Albuquerque, uses an approved RON platform to connect with the client. Which statement is true about this scenario?
- The notarization is invalid because the signer is outside of the United States.
- The notary must be physically located in the same county as the property (Santa Fe County).
- This is a permissible notarial act, provided the transaction is substantially connected with the United States. (Correct answer)
- The notary must first obtain a special international commission from the Secretary of State.
Correct answer: This is a permissible notarial act, provided the transaction is substantially connected with the United States.
New Mexico law (NMSA 14-14A-5 C(4)) permits performing a RON for a remotely located individual outside the U.S. if the record relates to a matter before a U.S. court/entity, involves property in the U.S., or involves a transaction substantially connected with the U.S. The notary must be in New Mexico, but the signer's location is not a barrier under these conditions.
Question 6: In addition to the standard journal entry information, what specific detail must a New Mexico notary's journal entry include for a remote online notarization?
- The name of the RON technology provider used.
- The IP address of the remotely located individual.
- A statement that the notarial act was a remote online notarization. (Correct answer)
- The total fee charged, including the technology provider's fee.
Correct answer: A statement that the notarial act was a remote online notarization.
New Mexico Administrative Code (12.9.4.15 NMAC) requires that the notarial certificate for a RON state that the act involved the use of communication technology. While the journal must chronicle all notarial acts, and best practice dictates noting the RON platform, the explicit requirement for the notarial certificate to indicate the method implies the journal must also reflect the nature of the act to be complete and accurate.
NM NOTARY Remote Online Notarization Questions and Answers 1
A New Mexico notary is approved to perform Remote Online Notarizations (RON).
During a RON session, where must the notary be physically located?