NM Notary Types of Notarial Acts 3 — Questions and Answers
Question 1: During an acknowledgment, which statement must the signer make to the notary?
- That they signed the document voluntarily for its stated purpose (Correct answer)
- That the contents of the document are true
- That they will abide by the document's terms
- That the document was prepared by an attorney
Correct answer: That they signed the document voluntarily for its stated purpose
An acknowledgment is the signer's declaration that the signature is theirs and was made willingly, not a statement about the truth of the contents.
Question 2: A signer must be placed under oath or affirmation for which pair of notarial acts?
- Jurats and verifications on oath or affirmation (Correct answer)
- Acknowledgments and copy certifications
- Signature witnessings and acknowledgments
- Copy certifications and signature witnessings
Correct answer: Jurats and verifications on oath or affirmation
Only sworn acts — jurats and verifications on oath or affirmation — require the notary to administer an oath or affirmation.
Question 3: Which record may a New Mexico notary generally NOT make a certified copy of?
- A birth certificate or other vital record (Correct answer)
- A private letter
- A diploma
- A passport page presented by its holder
Correct answer: A birth certificate or other vital record
Vital records and other publicly recordable documents must be certified by the official custodian, not by a notary.
Question 4: When a notary 'witnesses or attests a signature,' what must occur?
- The signer signs the record in the notary's presence after being identified (Correct answer)
- The signer swears the record's contents are true
- The signer acknowledges a signature made previously
- The notary compares the signature to one on file
Correct answer: The signer signs the record in the notary's presence after being identified
Witnessing or attesting a signature requires the identified signer to sign in the notary's presence, but no oath is administered.
Question 5: A deposition witness must be sworn in before testifying. Which notarial act does the notary perform?
- Administering an oath or affirmation (Correct answer)
- Taking a verification on oath
- Executing a jurat
- Certifying the transcript
Correct answer: Administering an oath or affirmation
Swearing in a witness for testimony is the standalone act of administering an oath or affirmation.
Question 6: Under RULONA, 'verification on oath or affirmation' is the formal term for which common act?
- A jurat (Correct answer)
- An acknowledgment
- A protest
- A copy certification
Correct answer: A jurat
RULONA uses 'verification on oath or affirmation' as the statutory name for the act traditionally called a jurat.
Question 7: If a certificate on a document does not indicate which notarial act is required, what should the notary do?
- Ask the signer to choose the act; the notary may not decide for them (Correct answer)
- Default to an acknowledgment
- Default to a jurat
- Refuse the notarization entirely
Correct answer: Ask the signer to choose the act; the notary may not decide for them
Choosing the type of notarial act is the signer's (or issuing agency's) decision; selecting it for them could be unauthorized practice of law.
NM Notary Types of Notarial Acts 3
During an acknowledgment, which statement must the signer make to the notary?