NM NOTARY Signer Identification Procedures Questions and Answers 1 — Questions and Answers
Question 1: A signer appears before a New Mexico notary but does not have an acceptable form of identification. The signer's close friend is present and offers to vouch for the signer's identity. According to New Mexico law, what requirement must the friend meet to serve as a credible witness?
- The witness must be named in the document being notarized.
- The witness must be personally known to the notary public. (Correct answer)
- The witness must be a family member of the signer.
- The witness must present a valid, unexpired student ID card.
Correct answer: The witness must be personally known to the notary public.
New Mexico law (NMSA 14-14A-6) allows for identification through a credible witness. The statute requires that the credible witness be personally known to the notarial officer, or the officer must be able to identify the witness through a passport, driver's license, or government-issued nondriver ID card. The witness must also be unrelated to and unaffected by the document.
Question 2: Which of the following is considered 'satisfactory evidence of identity' for a notarial act in New Mexico?
- A student ID card with a photograph, issued by a private university.
- A valid, unexpired driver's license issued by the state of New Mexico. (Correct answer)
- An expired U.S. passport that has been invalid for five years.
- A sworn written statement from the signer's employer.
Correct answer: A valid, unexpired driver's license issued by the state of New Mexico.
New Mexico law specifies acceptable forms of identification, which include a valid state-issued driver's license or ID, a U.S. passport or passport card, or a military ID issued by the U.S. government. These documents must be current or, in some cases, not expired by more than a specified period.
Question 3: A New Mexico notary is performing a notarization for a longtime neighbor they have known for over ten years. The neighbor forgot their wallet and has no identification. In this scenario, how can the notary legally identify the signer?
- By having the signer bring two other neighbors to act as credible witnesses.
- By accepting a recently received utility bill addressed to the neighbor.
- Based on the notary's personal knowledge of the individual. (Correct answer)
- By proceeding with the notarization and noting 'No ID Presented' in the journal.
Correct answer: Based on the notary's personal knowledge of the individual.
According to NMSA 14-14A-6(A), a notarial officer has personal knowledge of an individual's identity if they are personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. A long-term neighbor relationship would typically meet this standard.
Question 4: A credible witness is used to identify a principal signer for a notarization. What specific action must the New Mexico notary take regarding the credible witness?
- Collect a fee from the credible witness.
- Require the credible witness to sign the primary document.
- Administer an oath or affirmation to the credible witness. (Correct answer)
- Record the witness's social security number in the journal.
Correct answer: Administer an oath or affirmation to the credible witness.
When using a credible witness, the notary must place the witness under oath or affirmation, during which the witness swears or affirms that the signer has the identity they claim. This is a critical step in the identification process as outlined in NMSA 14-14A-6(B)(2).
Question 5: A signer presents a foreign passport as their sole form of identification to a New Mexico notary. What should the notary's primary consideration be when evaluating this ID?
- Whether the passport has a current, unexpired date. (Correct answer)
- Whether the passport is from a country that speaks English.
- Whether the notary can read and understand the language on the passport.
- Whether the signer is a resident of New Mexico.
Correct answer: Whether the passport has a current, unexpired date.
While New Mexico law primarily lists U.S.-issued identification, a foreign passport is a generally accepted form of ID for notarial acts, provided it is current and unexpired. The key is that the ID must contain a photograph and signature, allowing the notary to reasonably verify the signer's identity. The notary must ensure the document is valid and not expired.
Question 6: Under what circumstances may a New Mexico notary refuse to proceed with a notarization even if the signer provides valid identification?
- If the signer appears to be acting under duress or does not seem to understand the document. (Correct answer)
- If the document is written in a language the notary does not understand.
- If the fee for the notarization is less than the notary's customary charge.
- If the signer is not a resident of the county where the notarization is taking place.
Correct answer: If the signer appears to be acting under duress or does not seem to understand the document.
A notary's duty goes beyond simply identifying the signer. If the notary has a reasonable belief that the signer is being coerced, is not acting of their own free will, or lacks the capacity to understand the nature of the document they are signing, the notary should refuse to perform the notarial act to prevent potential fraud or abuse.
NM NOTARY Signer Identification Procedures Questions and Answers 1
A signer appears before a New Mexico notary but does not have an acceptable form of identification.
The signer's close friend is present and offers to vouch for the signer's identity.
According to New Mexico law, what requirement must the friend meet to serve as a credible witness?