NM NOTARY Remote Online Notarization Questions and Answers 1

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?

Accepted Answer

Within the state of New Mexico.

Answer

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?

Accepted 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.

Answer

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?

Accepted Answer

10 years

Answer

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?

Accepted Answer

It must be attached to or logically associated with the record in a way that makes any subsequent changes to the record evident.

Answer

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?

Accepted Answer

This is a permissible notarial act, provided the transaction is substantially connected with the United States.

Answer

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.

(NM Notary) New Mexico Notary Exam Practice Test

(NM Notary) New Mexico Notary Exam Practice Test

NM NOTARY Remote Online Notarization Questions and Answers 1