NM Notary Notarial Acts and Procedures 2 — Questions and Answers
Question 1: A signer hands a New Mexico notary a document that was signed yesterday and asks for an acknowledgment. What may the notary do?
- Take the acknowledgment if the signer personally appears and acknowledges the signature (Correct answer)
- Refuse, because the document must be signed in the notary's presence
- Take the acknowledgment only if a witness confirms the earlier signing
- Backdate the certificate to match the signature date
Correct answer: Take the acknowledgment if the signer personally appears and acknowledges the signature
For an acknowledgment, the document may be signed beforehand as long as the signer personally appears and acknowledges the signature to the notary.
Question 2: Which notarial act requires the signer to sign the document in the notary's presence?
- A verification on oath or affirmation (jurat) (Correct answer)
- An acknowledgment
- A certified copy
- A protest of a negotiable instrument
Correct answer: A verification on oath or affirmation (jurat)
A verification on oath or affirmation requires the signer to sign in the notary's presence after taking an oath or affirmation.
Question 3: Under New Mexico's Revised Uniform Law on Notarial Acts, when must the notarial certificate be completed?
- Contemporaneously with the performance of the notarial act (Correct answer)
- Within 24 hours of the act
- Within 10 business days
- Anytime before the document is recorded
Correct answer: Contemporaneously with the performance of the notarial act
The certificate must be executed contemporaneously with the performance of the notarial act.
Question 4: A New Mexico notary is asked to notarize a deed in which the notary is named as the grantee. What must the notary do?
- Decline, because a notary may not notarize a document in which they have a direct beneficial interest (Correct answer)
- Proceed, but note the interest in the certificate
- Proceed if another notary witnesses the act
- Proceed if the grantor consents in writing
Correct answer: Decline, because a notary may not notarize a document in which they have a direct beneficial interest
A notary is disqualified from performing a notarial act on a record in which the notary or the notary's spouse is a party or has a direct beneficial interest.
Question 5: Which of the following is an acceptable way for a New Mexico notary to identify a signer who has no identification documents?
- Verification by a credible witness under oath who is personally known or identified by the notary (Correct answer)
- Accepting the signer's verbal statement of identity
- Comparing the signature to one on the document
- Accepting a business card with the signer's name
Correct answer: Verification by a credible witness under oath who is personally known or identified by the notary
A credible witness who takes an oath or affirmation and is known to or properly identified by the notary may verify a signer's identity.
Question 6: How long past its expiration date may a government-issued ID generally be used for identification under New Mexico's notary law?
- Up to three years after expiration (Correct answer)
- It must be current with no exceptions
- Up to one year after expiration
- Up to five years after expiration
Correct answer: Up to three years after expiration
New Mexico's RULONA permits reliance on a government-issued identification that is current or expired not more than three years before the notarial act.
Question 7: A signer appears confused and cannot explain what the document is. What should the New Mexico notary do?
- Refuse to perform the notarial act because the signer does not appear competent (Correct answer)
- Perform the act since competence is the attorney's concern
- Ask a family member to sign instead
- Notarize but add a disclaimer to the certificate
Correct answer: Refuse to perform the notarial act because the signer does not appear competent
A notary may and should refuse to act when not satisfied that the signer is competent or has capacity to execute the record.
NM Notary Notarial Acts and Procedures 2
A signer hands a New Mexico notary a document that was signed yesterday and asks for an acknowledgment.
What may the notary do?