NM Notary Remote Online Notarization 3 — Questions and Answers
Question 1: A remotely located individual is outside the United States. A New Mexico notary may still perform the RON if which condition is met?
- The record relates to a matter within U.S. jurisdiction and the act is not prohibited where the signer is located (Correct answer)
- The signer is a U.S. citizen on vacation
- The U.S. embassy pre-approves the session
- The document is translated into English first
Correct answer: The record relates to a matter within U.S. jurisdiction and the act is not prohibited where the signer is located
RULONA allows RON for signers abroad when the record relates to a matter before a U.S. court or involves U.S. property or transactions, and the act is not prohibited by the foreign jurisdiction.
Question 2: If the audio-visual connection fails midway through a remote notarization session, what should the notary do?
- Restart the process, including re-verifying the signer's identity before completing the act (Correct answer)
- Complete the certificate based on what was already observed
- Ask the signer to email confirmation that they signed
- Have an assistant finish the session by phone
Correct answer: Restart the process, including re-verifying the signer's identity before completing the act
The notarial act must be completed within a continuous, verified session, so a dropped connection requires re-establishing and re-verifying before proceeding.
Question 3: Who is responsible for keeping the journal entry of a remote online notarization in New Mexico?
- The notary public who performed the act (Correct answer)
- The RON technology vendor exclusively
- The Secretary of State's office
- The title company handling the transaction
Correct answer: The notary public who performed the act
The notary is personally responsible for recording each remote notarization in the journal, even if a vendor's platform assists with storage.
Question 4: A New Mexico notary's RON technology vendor goes out of business. What must happen to the audio-visual recordings?
- They must still be preserved for the full retention period, by the notary or a designated repository (Correct answer)
- They may be deleted since the vendor closed
- They transfer automatically to the county clerk
- They must be printed and mailed to each signer
Correct answer: They must still be preserved for the full retention period, by the notary or a designated repository
The retention obligation survives vendor failure; recordings must remain accessible through the notary or an authorized custodian for the required period.
Question 5: Which notarial act generally CANNOT be performed for a remotely located individual under RULONA?
- Witnessing the signing of a will where remote execution is not otherwise authorized by law (Correct answer)
- Taking an acknowledgment on a deed
- Administering an oath for an affidavit
- Certifying a copy of a diploma
Correct answer: Witnessing the signing of a will where remote execution is not otherwise authorized by law
Acts governed by other statutes with stricter execution requirements, such as certain wills, may fall outside standard RON authority unless separately authorized.
Question 6: During a RON session, the notary notices the signer appears to be reading answers fed by someone off-screen during identity questions. The notary should:
- Refuse to complete the notarization due to failed identity proofing integrity (Correct answer)
- Continue if the answers are correct
- Ask the off-screen person to also sign the document
- Lower the passing score for the KBA quiz
Correct answer: Refuse to complete the notarization due to failed identity proofing integrity
Identity proofing must be answered by the signer alone; evidence of coaching undermines verification and requires refusal.
Question 7: What kind of signature must a New Mexico notary use on an electronic record notarized remotely?
- An electronic signature attached or logically associated with the record, together with the electronic official stamp (Correct answer)
- A wet-ink signature scanned afterward
- A typed name with no security features
- The technology vendor's corporate signature
Correct answer: An electronic signature attached or logically associated with the record, together with the electronic official stamp
RON certificates require the notary's electronic signature and official electronic stamp affixed to or logically associated with the electronic record.
NM Notary Remote Online Notarization 3
A remotely located individual is outside the United States.
A New Mexico notary may still perform the RON if which condition is met?