NM Notary Legal Requirements and Regulations 3 — Questions and Answers
Question 1: Under New Mexico law, which of the following is an acceptable way for a notary to verify a signer's identity?
- A current government-issued identification with photograph and signature (Correct answer)
- An expired library card
- A verbal statement of the signer's name
- A business card with the signer's name
Correct answer: A current government-issued identification with photograph and signature
Identity may be verified by personal knowledge or by a current government-issued credential bearing a photograph and signature.
Question 2: If a signer has no acceptable identification, how may a New Mexico notary still verify identity?
- Through the oath or affirmation of a credible witness who knows the signer (Correct answer)
- By accepting a utility bill
- By comparing the signature to an old letter
- Identity verification may simply be skipped
Correct answer: Through the oath or affirmation of a credible witness who knows the signer
A credible witness, personally known or properly identified, may verify the signer's identity under oath or affirmation.
Question 3: A New Mexico notary is required to maintain which record of notarial acts?
- A journal documenting each notarial act performed (Correct answer)
- A monthly report filed with the county sheriff
- Photocopies of every notarized document
- No records are required
Correct answer: A journal documenting each notarial act performed
New Mexico requires notaries to record each notarial act in a journal, which may be tangible or electronic.
Question 4: How many active tangible journals may a New Mexico notary keep at one time?
- Only one (Correct answer)
- Two
- One per county where they work
- As many as they wish
Correct answer: Only one
A notary may maintain only one active tangible journal at a time in which to chronicle notarial acts.
Question 5: Which entry belongs in a New Mexico notary's journal for each notarial act?
- The date and time of the act, type of act, and the signer's name (Correct answer)
- The signer's bank account number
- The full text of the document
- The signer's medical history
Correct answer: The date and time of the act, type of act, and the signer's name
Journal entries must identify the act, the record, the signer, and the date and time, among other required details.
Question 6: When a New Mexico notary's commission ends, what generally must happen to the journal?
- It must be retained for the statutory period and its location reported as required (Correct answer)
- It must be burned immediately
- It becomes the property of the notary's employer automatically
- It must be mailed to the Governor
Correct answer: It must be retained for the statutory period and its location reported as required
Journals must be retained for the period set by law, and the former notary must comply with retention and notification rules rather than destroy the record.
Question 7: Which statement about a New Mexico notary's official stamp is correct?
- The notary must keep the stamp secure and not allow others to use it (Correct answer)
- The stamp may be shared among office coworkers
- A stamp is optional for paper notarizations
- Any rubber stamp with the notary's name is acceptable regardless of content
Correct answer: The notary must keep the stamp secure and not allow others to use it
The official stamp is the notary's responsibility and must be kept secure from use by any other person.
NM Notary Legal Requirements and Regulations 3
Under New Mexico law, which of the following is an acceptable way for a notary to verify a signer's identity?