NM Notary Remote Online Notarization (RON) 3 — Questions and Answers
Question 1: For a remotely located individual outside the United States, New Mexico RON is permitted only if which condition is met?
- The record relates to a matter before a U.S. court or agency, or involves property or a transaction substantially connected to the United States (Correct answer)
- The signer holds a U.S. passport
- The foreign country has a notary treaty with New Mexico
- The document is first translated into English by a certified translator
Correct answer: The record relates to a matter before a U.S. court or agency, or involves property or a transaction substantially connected to the United States
Out-of-country RON requires the record to relate to a U.S. tribunal or governmental matter, or property or a transaction substantially connected to the United States, and the act must not be prohibited where the signer is located.
Question 2: Credential analysis in a RON session refers to what process?
- Using technology to confirm the validity and security features of the signer's government-issued ID (Correct answer)
- Checking the notary's own commission status
- Reviewing the signer's credit report
- Verifying the signer's professional licenses
Correct answer: Using technology to confirm the validity and security features of the signer's government-issued ID
Credential analysis is an automated technological review of a government-issued identification credential for authenticity.
Question 3: Who approves or sets standards for the communication technology a New Mexico notary may use for RON?
- The Secretary of State, through rules and standards (Correct answer)
- The New Mexico Supreme Court
- The county recorder
- The individual title company handling the closing
Correct answer: The Secretary of State, through rules and standards
The Secretary of State adopts rules establishing standards for RON communication technology and identity proofing.
Question 4: A signer on a RON call appears confused and cannot answer basic questions about the document. The notary should:
- Refuse to perform the notarization because the signer may lack awareness or competence (Correct answer)
- Proceed since identity was verified by KBA
- Ask a family member on the call to answer for the signer
- Complete the act but note the confusion in the journal
Correct answer: Refuse to perform the notarization because the signer may lack awareness or competence
A notary must refuse if the signer does not appear to understand the transaction or act willingly, and this duty applies equally in RON sessions.
Question 5: Knowledge-based authentication (KBA) in a RON session typically requires the signer to do what?
- Correctly answer a timed set of personal history questions drawn from public and proprietary data (Correct answer)
- Recite a password chosen by the notary
- Upload a utility bill
- Provide two personal references
Correct answer: Correctly answer a timed set of personal history questions drawn from public and proprietary data
KBA presents dynamic questions from the signer's personal data history that must be answered within time and accuracy limits.
Question 6: If a New Mexico notary's RON recordings are kept by a third-party repository, who remains responsible for ensuring the recordings are retained as required?
- The notary public (or their designated custodian arrangement under the rules) (Correct answer)
- The signer
- The document recipient
- The internet service provider
Correct answer: The notary public (or their designated custodian arrangement under the rules)
The notary may designate a repository, but the retention obligation stems from the notary's duties under the RON statute and rules.
Question 7: Which statement about a RON notarization fee in New Mexico is correct?
- The notary may charge a fee up to the maximum set by statute or rule for remote notarial acts (Correct answer)
- RON must always be performed free of charge
- The notary may charge any amount because RON is unregulated
- Fees may only be charged if the signer is out of state
Correct answer: The notary may charge a fee up to the maximum set by statute or rule for remote notarial acts
New Mexico caps notary fees, including a higher allowed maximum for remote online notarial acts, so charges must stay within the regulated limit.
NM Notary Remote Online Notarization (RON) 3
For a remotely located individual outside the United States, New Mexico RON is permitted only if which condition is met?