NM Notary Authorized Notarial Acts 3 — Questions and Answers
Question 1: Which record is a New Mexico notary generally prohibited from certifying a copy of?
- A college diploma
- A personal letter
- A vital record such as a birth certificate (Correct answer)
- A business contract
Correct answer: A vital record such as a birth certificate
Copies of vital records like birth and death certificates must be obtained from the issuing government agency, not certified by a notary.
Question 2: When witnessing or attesting a signature, what must the notary confirm?
- That the document is legally enforceable
- That the individual signed in the notary's presence and was identified (Correct answer)
- That the document was drafted by an attorney
- That all parties to the transaction are present
Correct answer: That the individual signed in the notary's presence and was identified
Witnessing or attesting a signature requires personal appearance, identification of the signer, and observation of the signing.
Question 3: A signer appears before a New Mexico notary via a live two-way audio-video link. What must the notary confirm before performing a remote online notarization?
- That the signer is located within New Mexico
- That the notary is authorized and uses approved identity-proofing and communication technology (Correct answer)
- That the document is under five pages
- That an attorney is present on the call
Correct answer: That the notary is authorized and uses approved identity-proofing and communication technology
New Mexico permits remote online notarization only by notaries who comply with the technology, identity-proofing, and recording requirements of RULONA.
Question 4: Which of the following would make a notarial act unauthorized in New Mexico?
- The signer is the notary's coworker
- The notary is a named party with a direct beneficial interest in the transaction (Correct answer)
- The document is written in Spanish
- The signer is from another state
Correct answer: The notary is a named party with a direct beneficial interest in the transaction
A notary may not perform a notarial act on a record in which the notary or the notary's spouse has a direct beneficial or financial interest.
Question 5: What must a New Mexico notary do if asked to take a verification on oath from a person who appears confused and unaware of what they are signing?
- Proceed if identification is valid
- Refuse to perform the notarial act (Correct answer)
- Ask a relative to explain the document, then proceed
- Notarize but add a disclaimer to the certificate
Correct answer: Refuse to perform the notarial act
A notary must refuse to act if not satisfied that the individual is competent and understands the transaction.
Question 6: Which statement about a jurat (verification on oath or affirmation) is correct?
- It certifies the truthfulness of the document's contents as verified by the notary
- It records that the signer swore or affirmed the contents are true and signed before the notary (Correct answer)
- It transfers title to real property
- It may be completed without the signer present
Correct answer: It records that the signer swore or affirmed the contents are true and signed before the notary
A jurat documents that the signer personally appeared, took an oath or affirmation, and signed in the notary's presence—the notary does not verify the contents.
Question 7: A New Mexico notary is asked to notarize a document written entirely in a language the notary cannot read. What is the best practice?
- Refuse because the contents cannot be understood at all
- Proceed if the notary can communicate directly with the signer and the notarial certificate is in a language the notary understands (Correct answer)
- Have a translator sign on behalf of the signer
- Notarize only after translating the document personally
Correct answer: Proceed if the notary can communicate directly with the signer and the notarial certificate is in a language the notary understands
The key requirements are direct communication with the signer and a certificate the notary can read; the underlying document's language does not itself bar notarization.
NM Notary Authorized Notarial Acts 3
Which record is a New Mexico notary generally prohibited from certifying a copy of?