NM Notary Authorized Notarial Acts 2 — Questions and Answers
Question 1: Under the New Mexico Revised Uniform Law on Notarial Acts (RULONA), which of the following is an authorized notarial act?
- Certifying a copy of a record (Correct answer)
- Preparing a deed for a client
- Providing legal advice on a contract
- Representing a party in immigration proceedings
Correct answer: Certifying a copy of a record
RULONA authorizes New Mexico notaries to certify or attest copies of records, while drafting documents and giving legal advice constitute unauthorized practice of law.
Question 2: When taking an acknowledgment, what must the individual do before the notary?
- Sign the document in the notary's presence in all cases
- Declare that the signature on the record is theirs and made willingly (Correct answer)
- Swear an oath that the contents of the document are true
- Provide two witnesses to the signing
Correct answer: Declare that the signature on the record is theirs and made willingly
An acknowledgment requires the signer to appear and declare the signature is theirs and voluntarily made; the document may have been signed beforehand.
Question 3: Which notarial act requires the signer to sign the document in the notary's physical or electronic presence?
- Acknowledgment
- Certifying a copy
- Verification on oath or affirmation (jurat) (Correct answer)
- Noting a protest
Correct answer: Verification on oath or affirmation (jurat)
A verification on oath or affirmation requires the signer to sign in the notary's presence after swearing or affirming the contents are true.
Question 4: A customer asks a New Mexico notary to notarize a document with a blank space for the sale price. What should the notary do?
- Notarize it and note the blank in the journal
- Refuse until the blank is completed or struck through (Correct answer)
- Fill in the blank based on the customer's verbal statement
- Notarize it only if the customer initials the blank
Correct answer: Refuse until the blank is completed or struck through
Notaries should not notarize incomplete documents because blanks can be filled in later to commit fraud.
Question 5: Which of the following may a New Mexico notary administer to a witness before testimony?
- A subpoena
- An oath or affirmation (Correct answer)
- A deposition ruling
- A summary judgment
Correct answer: An oath or affirmation
Administering oaths and affirmations is an authorized notarial act under New Mexico law.
Question 6: What is the difference between an oath and an affirmation in New Mexico notarial practice?
- An oath is written; an affirmation is verbal
- An oath invokes a deity; an affirmation is a solemn promise without religious reference (Correct answer)
- An oath applies only in court; an affirmation applies only to documents
- There is no legal difference in wording or effect
Correct answer: An oath invokes a deity; an affirmation is a solemn promise without religious reference
An oath appeals to a Supreme Being, while an affirmation is an equivalent solemn declaration made without religious reference, and both carry the same legal effect.
Question 7: A person cannot physically sign their name due to disability. Under New Mexico law, how may the notarization proceed?
- The notary may sign the person's name at their direction, noting the circumstances (Correct answer)
- The notarization must be refused entirely
- A family member may sign without any special notation
- The notary must obtain a court order first
Correct answer: The notary may sign the person's name at their direction, noting the circumstances
RULONA permits the notary to sign the individual's name at their direction and in their presence, noting this fact in the certificate.
NM Notary Authorized Notarial Acts 2
Under the New Mexico Revised Uniform Law on Notarial Acts (RULONA), which of the following is an authorized notarial act?