NM Notary Recordkeeping and Documentation 3 — Questions and Answers
Question 1: A New Mexico notary resigns their commission. What must happen to their journal?
- It must be destroyed immediately
- It must be retained for the required period or transmitted to an approved repository (Correct answer)
- It must be handed to their employer
- It must be mailed to the county clerk
Correct answer: It must be retained for the required period or transmitted to an approved repository
On resignation or revocation, the notary must retain the journal for the retention period or transmit it to a repository approved by the Secretary of State.
Question 2: Which of these may a New Mexico notary use as an electronic journal?
- Any format, with no security requirements
- A permanent, tamper-evident electronic record (Correct answer)
- A deletable spreadsheet on a shared drive
- Handwritten notes scanned monthly
Correct answer: A permanent, tamper-evident electronic record
An electronic journal must be a permanent, tamper-evident record so entries cannot be altered or deleted undetected.
Question 3: A tangible journal used by a New Mexico notary must have which physical characteristic?
- Loose-leaf pages for easy replacement
- A permanent binding (Correct answer)
- Carbon-copy duplicate pages
- A locking metal cover
Correct answer: A permanent binding
A tangible journal must be a permanent, bound register so pages cannot be removed or inserted.
Question 4: A signer asks the notary to skip the journal entry to save time. What should the New Mexico notary do?
- Skip it since the signer consented
- Complete the entry anyway, as it is required for every notarial act (Correct answer)
- Make a partial entry with just the date
- Record the entry the next day instead
Correct answer: Complete the entry anyway, as it is required for every notarial act
The journal entry is a legal requirement for each notarial act and cannot be waived by the signer.
Question 5: Which fee-related information belongs in a New Mexico notary journal entry?
- The fee charged, if any (Correct answer)
- The notary's annual income
- The signer's ability to pay
- The employer's billing rate
Correct answer: The fee charged, if any
The journal entry must record the fee charged for the notarial act, if one was charged.
Question 6: A New Mexico notary performs an acknowledgment on a deed. Which description belongs in the journal?
- The full text of the deed
- A brief description of the record, such as the type of document (Correct answer)
- The property's appraised value
- The names of all future property owners
Correct answer: A brief description of the record, such as the type of document
The entry needs only a description identifying the record, such as its title or type, not its full contents.
Question 7: Who is responsible for maintaining and safeguarding a New Mexico notary's journal?
- The notary's employer
- The notary personally (Correct answer)
- The Secretary of State during the commission
- The county recorder
Correct answer: The notary personally
The journal is the notary's personal responsibility even if the employer paid for it, and the notary must keep it secure.
NM Notary Recordkeeping and Documentation 3
A New Mexico notary resigns their commission.
What must happen to their journal?