NM NOTARY Prohibited Acts and Ethics Questions and Answers

Question 1

A New Mexico notary is asked to notarize a vehicle title where the notary is the seller named in the document. Which of the following actions is required by law?

Accepted Answer

Refuse to notarize the document due to a direct beneficial interest.

Answer

New Mexico law (NMSA 1978, § 14-14A-3.B) prohibits a notarial officer from performing a notarial act on a record in which the officer or their spouse/domestic partner is a party or has a direct beneficial interest. Selling a vehicle constitutes a direct beneficial interest, creating a conflict of interest. The only proper action is to refuse.

Question 2

A client brings a document to a notary and asks, "Which type of notarial certificate should I use for this form, an acknowledgment or a jurat?" What is the notary's ethically correct response?

Accepted Answer

"I cannot legally advise you on which certificate to use. You must choose the correct one for your document's purpose."

Answer

Choosing a notarial certificate for a signer constitutes the unauthorized practice of law, which is strictly prohibited for non-attorney notaries in New Mexico. The notary must remain impartial and cannot provide legal advice or make decisions on behalf of the signer. The signer must direct the notary as to which act to perform.

Question 3

A New Mexico notary who is not an attorney wishes to advertise their services in a local Spanish-language newspaper. Which of the following is a prohibited act?

Accepted Answer

Using the literal translation "Notario Público" to describe their services without a disclaimer.

Answer

New Mexico law (NMSA 1978, § 14-14A-24.C) explicitly prohibits a non-attorney notary from using the term "notario" or "notario publico". This is because in many Latin American countries, a "notario público" is a high-level attorney, and using the term is considered deceptive advertising that could mislead the public.

Question 4

A client appears before a notary on April 5th and asks the notary to date the notarial certificate for April 2nd, which was the date the client actually signed the document at home. What must the notary do?

Accepted Answer

Refuse to back-date the certificate and state that the certificate must reflect the date of the physical appearance.

Answer

A notary's certificate attests to the facts of the notarization, including the date and time the signer personally appeared before the notary. Knowingly completing a certificate with false information, such as an incorrect date, is a serious prohibited act. The date on the certificate must always be the actual date the notarization took place.

Question 5

Which of the following actions constitutes the unauthorized practice of law for a New Mexico notary?

Accepted Answer

Assisting a signer in drafting a legal document or choosing which form to use.

Answer

Under New Mexico law, a notary commission does not authorize an individual to assist in drafting legal records, give legal advice, or otherwise practice law unless they are a licensed attorney. Helping a signer draft a document or selecting a form on their behalf falls squarely into this prohibited category.

(NM Notary) New Mexico Notary Exam Practice Test

(NM Notary) New Mexico Notary Exam Practice Test

NM NOTARY Prohibited Acts and Ethics Questions and Answers