NM Notary Notary Fees and Prohibited Acts 3 — Questions and Answers
Question 1: What is the maximum fee New Mexico allows for a remote online notarization?
- $25 (Correct answer)
- $10
- $50
- $5
Correct answer: $25
New Mexico permits a higher maximum fee of $25 for remote online notarial acts.
Question 2: A New Mexico notary has a financial stake in a real estate contract. May the notary notarize the buyer's signature?
- No, because a notary with a beneficial interest in the transaction is disqualified (Correct answer)
- Yes, if the buyer consents in writing
- Yes, if the interest is under $1,000
- Yes, if another notary is unavailable
Correct answer: No, because a notary with a beneficial interest in the transaction is disqualified
A notary who is a party to or has a direct beneficial interest in a transaction may not notarize it.
Question 3: A customer offers a New Mexico notary a $40 tip to notarize a document for a signer who is not present. The notary should:
- Refuse, because personal appearance is required regardless of payment (Correct answer)
- Accept, since tips are not regulated fees
- Notarize it if the absent signer confirms by phone
- Notarize it but record the tip in the journal
Correct answer: Refuse, because personal appearance is required regardless of payment
No amount of payment can waive the requirement that the signer personally appear before the notary.
Question 4: Which advertising phrase would violate New Mexico rules if used by a non-attorney notary without the required disclaimer?
- Notario publico (Correct answer)
- Certified signing agent
- Mobile notary services
- Bilingual notary
Correct answer: Notario publico
The term 'notario publico' implies legal authority in many Latin American countries, so its use is restricted to prevent deception.
Question 5: A New Mexico notary is asked to help a customer choose and complete immigration forms and represent them before USCIS. The notary should:
- Decline, because non-attorneys may not give immigration legal advice or representation (Correct answer)
- Assist for a flat fee of $100
- Assist only with forms in English
- Assist if the customer signs a liability waiver
Correct answer: Decline, because non-attorneys may not give immigration legal advice or representation
Providing immigration advice or representation is the unauthorized practice of law for a non-attorney notary.
Question 6: If a New Mexico notary charges a fee for a notarial act, what is a best practice regarding that fee?
- Disclose the fee to the customer before performing the service (Correct answer)
- Collect the fee only after the customer leaves
- Charge different customers different rates without disclosure
- Add the fee to the notarial certificate wording
Correct answer: Disclose the fee to the customer before performing the service
Fees should be disclosed and agreed upon before the notarial act is performed.
Question 7: A New Mexico notary knowingly notarizes a forged signature in exchange for money. Which consequence is possible?
- Commission revocation and criminal liability (Correct answer)
- Only a written warning
- A mandatory retraining course with no other penalty
- Suspension of fees for 30 days only
Correct answer: Commission revocation and criminal liability
Knowingly participating in fraud can lead to revocation of the commission and criminal prosecution.
NM Notary Notary Fees and Prohibited Acts 3
What is the maximum fee New Mexico allows for a remote online notarization?