NM Notary Notary Fees and Prohibited Acts 2 — Questions and Answers
Question 1: Under New Mexico law, what is the maximum fee a notary public may charge for a standard in-person notarial act?
- $10 (Correct answer)
- $5
- $15
- $25
Correct answer: $10
New Mexico caps the fee for a standard in-person notarial act at $10.
Question 2: A New Mexico notary agrees to travel to a client's home. Which statement about travel fees is correct?
- A travel fee may be charged if the signer agrees to it in advance (Correct answer)
- Travel fees are always prohibited in New Mexico
- Travel fees are capped at $1 per mile by statute
- Travel fees may only be charged to businesses, not individuals
Correct answer: A travel fee may be charged if the signer agrees to it in advance
A notary may charge a travel fee only when the signer agrees to the amount before the service.
Question 3: A non-attorney New Mexico notary is asked to explain which type of deed a customer should use. What should the notary do?
- Decline, because selecting a legal document is the unauthorized practice of law (Correct answer)
- Recommend a quitclaim deed since it is simplest
- Explain the options but charge no extra fee
- Choose the deed only if the customer signs a waiver
Correct answer: Decline, because selecting a legal document is the unauthorized practice of law
Advising a person on which legal document to use constitutes the unauthorized practice of law for a non-attorney notary.
Question 4: Which of the following is a New Mexico notary always prohibited from doing?
- Notarizing their own signature (Correct answer)
- Notarizing a document written in Spanish
- Notarizing for a coworker
- Notarizing on a weekend
Correct answer: Notarizing their own signature
A notary may never perform a notarial act on their own signature because they are a party to the act.
Question 5: A New Mexico notary who is not an attorney advertises notarial services in Spanish. What must the advertisement include?
- A disclaimer stating the notary is not an attorney and cannot give legal advice (Correct answer)
- The notary's home address
- A copy of the notary's commission certificate
- The Secretary of State's phone number
Correct answer: A disclaimer stating the notary is not an attorney and cannot give legal advice
Non-attorney notaries advertising in a language other than English must include a disclaimer that they are not attorneys and cannot give legal advice.
Question 6: May a New Mexico notary refuse to perform a notarial act?
- Yes, a notary may refuse unless refusal is prohibited by other law (Correct answer)
- No, notaries must serve anyone who pays the fee
- Only if the document is over 50 pages
- Only with written permission from the Secretary of State
Correct answer: Yes, a notary may refuse unless refusal is prohibited by other law
Under RULONA a notary may refuse to perform a notarial act unless another law requires otherwise.
Question 7: A signer asks a New Mexico notary to notarize a document with the signature page detached from the rest. The notary should:
- Refuse, because notarizing an incomplete or detached document risks fraud (Correct answer)
- Notarize the page and staple it later
- Notarize it if the signer explains the situation
- Charge double the fee for the extra risk
Correct answer: Refuse, because notarizing an incomplete or detached document risks fraud
Notarizing incomplete or detached documents facilitates fraud and should be refused.
NM Notary Notary Fees and Prohibited Acts 2
Under New Mexico law, what is the maximum fee a notary public may charge for a standard in-person notarial act?