NM Notary Proper Identification and Procedures 2 — Questions and Answers
Question 1: Under New Mexico's Revised Uniform Law on Notarial Acts, which of the following is an acceptable form of identification for a signer the notary does not personally know?
- An unexpired passport issued by a foreign government (Correct answer)
- A birth certificate
- A Social Security card
- A library card with a photo
Correct answer: An unexpired passport issued by a foreign government
New Mexico accepts a passport, driver's license, or other government-issued ID that is current or expired no more than three years, including foreign passports.
Question 2: A signer presents a New Mexico driver's license that expired two years ago. What should the notary do?
- Accept it, because New Mexico allows IDs expired up to three years (Correct answer)
- Refuse it, because all IDs must be unexpired
- Accept it only with a second witness
- Accept it only if the signer also provides a utility bill
Correct answer: Accept it, because New Mexico allows IDs expired up to three years
New Mexico permits identification documents that are current or expired no more than three years before the notarial act.
Question 3: If a signer has no acceptable ID, how may a New Mexico notary verify the signer's identity?
- By oath or affirmation of a credible witness who knows the signer (Correct answer)
- By the signer's verbal statement of identity
- By a photocopy of an old ID
- By a signed letter from the signer's employer
Correct answer: By oath or affirmation of a credible witness who knows the signer
A notary may rely on a credible witness, personally known or properly identified, who verifies the signer's identity under oath or affirmation.
Question 4: What does 'personal knowledge' of a signer's identity mean for a New Mexico notary?
- The individual is known through dealings sufficient to provide reasonable certainty of identity (Correct answer)
- The notary has met the person at least once before
- The notary recognizes the person's name from public records
- A mutual friend introduced them at the signing
Correct answer: The individual is known through dealings sufficient to provide reasonable certainty of identity
Personal knowledge requires familiarity through past dealings sufficient to give reasonable certainty the person has the claimed identity.
Question 5: During an acknowledgment, the signer must do which of the following before the notary?
- Appear personally and declare the signature was made willingly (Correct answer)
- Sign the document again in the notary's presence, always
- Recite the entire document aloud
- Provide two forms of identification in every case
Correct answer: Appear personally and declare the signature was made willingly
An acknowledgment requires personal appearance and the signer's declaration that the signature on the record is theirs and made voluntarily; re-signing is not required.
Question 6: A document is presented for notarization with several blank spaces. What is the proper procedure?
- Decline to notarize until the blanks are completed or lined through (Correct answer)
- Notarize it and let the signer fill in blanks later
- Fill in the blanks yourself with reasonable guesses
- Notarize only the completed pages
Correct answer: Decline to notarize until the blanks are completed or lined through
Notarizing a document with material blanks invites fraud, so the notary should require completion or crossing out before proceeding.
Question 7: Which action is a New Mexico notary permitted to take?
- Refuse to notarize if the signer appears to be coerced (Correct answer)
- Certify a copy of a birth certificate
- Notarize a document in which the notary is a named party
- Choose the notarial certificate for a confused signer
Correct answer: Refuse to notarize if the signer appears to be coerced
A notary must refuse when the signer appears coerced or lacks competence, while vital records copies, self-interested documents, and unauthorized practice of law are prohibited.
Under New Mexico's Revised Uniform Law on Notarial Acts, which of the following is an acceptable form of identification for a signer the notary does not personally know?