NM Notary Prohibited Acts and Ethics 3 — Questions and Answers
Question 1: Under New Mexico law, which body may deny, suspend, or revoke a notary's commission for misconduct?
- The Secretary of State (Correct answer)
- The county sheriff
- The state bar association
- The district attorney's office
Correct answer: The Secretary of State
The Secretary of State commissions New Mexico notaries and has authority to deny, refuse to renew, suspend, or revoke commissions for failure to discharge duties.
Question 2: A New Mexico notary may NOT notarize her own signature primarily because:
- A notary cannot be an impartial witness to her own act (Correct answer)
- Her signature is already on file with the state
- Self-notarization requires two witnesses
- Only attorneys may self-notarize
Correct answer: A notary cannot be an impartial witness to her own act
The notary's role is that of an impartial official witness, which is impossible when the notary is the signer.
Question 3: A title company offers a notary a bonus for every closing she notarizes without asking signers for identification. Accepting this arrangement would be:
- Official misconduct, because identity verification is a legal duty that cannot be bargained away (Correct answer)
- Acceptable, since the company assumes the liability
- Acceptable if disclosed in the journal
- Legal as long as the signers consent
Correct answer: Official misconduct, because identity verification is a legal duty that cannot be bargained away
Skipping identity verification for compensation violates the notary's statutory duties and constitutes misconduct regardless of who assumes liability.
Question 4: Which fee practice is prohibited for a New Mexico notary?
- Charging more than the maximum fee allowed by state rule for a notarial act (Correct answer)
- Charging less than the maximum allowed fee
- Performing a notarization for free
- Charging a separately disclosed travel fee agreed to in advance
Correct answer: Charging more than the maximum fee allowed by state rule for a notarial act
Notaries may charge up to the state-set maximum or nothing at all, but exceeding the maximum fee for a notarial act is prohibited.
Question 5: A notary's friend asks to borrow her official stamp 'just for one document.' The notary should:
- Refuse, because the stamp must remain under the notary's exclusive control (Correct answer)
- Lend it if the friend is also a notary
- Lend it but watch the friend use it
- Lend it and record the loan in her journal
Correct answer: Refuse, because the stamp must remain under the notary's exclusive control
The official stamp is the notary's exclusive property and allowing anyone else to use it is prohibited.
Question 6: A signer cannot appear in person but offers to verify his identity over a standard phone call. The notary should:
- Refuse, because a phone call does not satisfy the appearance requirement (Correct answer)
- Proceed if the caller answers security questions
- Proceed if a coworker confirms the voice
- Proceed and note 'by telephone' in the certificate
Correct answer: Refuse, because a phone call does not satisfy the appearance requirement
An ordinary phone call is not personal appearance; only physical presence or an authorized communication technology procedure for remote notarization satisfies the requirement.
Question 7: Which situation creates a disqualifying conflict of interest for a New Mexico notary?
- The notary will receive a commission from the sale being notarized (Correct answer)
- The notary works for the company whose customer is signing
- The notary previously notarized for the same signer
- The notary is paid her regular salary while notarizing
Correct answer: The notary will receive a commission from the sale being notarized
A direct beneficial or financial interest in the transaction, such as a sales commission, disqualifies the notary, while ordinary salaried employment does not.
NM Notary Prohibited Acts and Ethics 3
Under New Mexico law, which body may deny, suspend, or revoke a notary's commission for misconduct?