NM Notary Prohibited Acts and Ethics 2

Question 1

A New Mexico notary is asked to notarize a deed in which the notary's spouse is the buyer. What should the notary do?

Accepted Answer

Refuse, because the notary is disqualified by a conflict of interest

Answer

A notary may not perform a notarial act when the notary or the notary's spouse is a party to or has a direct beneficial interest in the transaction.

Question 2

Which of the following may a New Mexico notary who is not an attorney legally do?

Accepted Answer

Complete a notarial certificate selected by the signer or the signer's attorney

Answer

Completing a certificate chosen by the signer is ministerial, while advising, drafting, or explaining legal effects constitutes the unauthorized practice of law.

Question 3

A signer presents a document with several blank spaces and asks for notarization, promising to fill them in later. The notary should:

Accepted Answer

Refuse to notarize until the document is complete

Answer

Notarizing an incomplete document is prohibited because blanks could be filled in later to commit fraud.

Question 4

Why is it improper for a New Mexico notary who is not an attorney to advertise as a 'notario publico' without a disclaimer?

Accepted Answer

The term implies attorney-like authority in many Spanish-speaking countries and can mislead the public

Answer

In many Latin American countries a 'notario publico' is a licensed legal professional, so using the title without the required disclaimer deceives consumers about the notary's authority.

Question 5

A notary's employer instructs her to notarize signatures on documents signed yesterday by employees who have gone home. The notary should:

Accepted Answer

Refuse, because the signers are not personally appearing before her

Answer

Personal appearance before the notary at the time of notarization is mandatory, and no employer instruction can override that requirement.

(NM Notary) New Mexico Notary Exam Practice Test

(NM Notary) New Mexico Notary Exam Practice Test

NM Notary Prohibited Acts and Ethics 2