A. In taking an acknowledgment, the notarial officer shall determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the officer and making the acknowledgment is the person whose true signature is on the instrument.
B. In taking a verification upon oath or affirmation, the notarial officer shall determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the officer and making the verification is the person whose true signature is on the statement verified.
C. In witnessing or attesting a signature the notarial officer shall determine, either from personal knowledge or from satisfactory evidence, that the signature is that of the person appearing before the officer and named therein.
D. In certifying or attesting a copy of a document or other item, the notarial officer shall determine that the proffered copy is a full, true and accurate transcription or reproduction of the one that was copied.
E. In making or noting a protest of a negotiable instrument the notarial officer shall determine the matters set forth in Section 55-3-505 NMSA 1978.
F. A notarial officer has satisfactory evidence that a person is the person whose true signature is on a document if that person is:
(1) personally known to the notarial officer;
(2) identified upon the oath or affirmation of a credible witness personally known to the notarial officer; or
(3) identified on the basis of identification documents.
History: Laws 1993, ch. 281, § 2.
Delayed repeals. — Laws 2021, ch. 21, § 36 repeals 14-14-2 NMSA 1978, effective January 1, 2022.
Structure New Mexico Statutes
Chapter 14 - Records, Rules, Legal Notices, Oaths
Article 14 - Uniform Law on Notarial Acts
Section 14-14-1 - Definitions. (Repealed effective January 1, 2022.)
Section 14-14-2 - Notarial acts. (Repealed effective January 1, 2022.)
Section 14-14-3 - Notarial acts in this state. (Repealed effective January 1, 2022.)
Section 14-14-5 - Notarial acts under federal authority. (Repealed effective January 1, 2022.)
Section 14-14-6 - Foreign notarial acts. (Repealed effective January 1, 2022.)
Section 14-14-7 - Certificate of notarial acts. (Repealed effective January 1, 2022.)
Section 14-14-8 - Certificates of notarial acts; short forms. (Repealed effective January 1, 2022.)
Section 14-14-10 - Uniformity of application and construction. (Repealed effective January 1, 2022.)
Section 14-14-11 - Short title. (Repealed effective January 1, 2022.)