A. A notarial act shall be evidenced by a certificate. The certificate shall:
(1) be executed contemporaneously with the performance of the notarial act;
(2) be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the secretary of state;
(3) identify the jurisdiction in which the notarial act is performed;
(4) contain the title of office of the notarial officer;
(5) if the notarial officer is a notary public, indicate the notary public's commission number and the date of expiration of the notarial officer's commission;
(6) identify the judicial district or area served if the notarial officer is a judge, court clerk or deputy court clerk;
(7) identify the county served if the notarial officer is a county clerk or deputy county clerk; and
(8) identify the state bar number if the notarial officer is an attorney but is not in a category identified in Paragraph (6) or (7) of this subsection and is not a judge.
B. If a notarial act regarding a tangible record is performed by a notary public, an official stamp shall be affixed to or embossed on the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in Paragraphs (2), (3), (4), (5), (6) and (7) of Subsection A of this section, an official stamp shall be affixed to or embossed on the certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in Paragraphs (2), (3), (4), (5), (6) and (7) of Subsection A of this section, an official stamp shall be attached to or logically associated with the certificate.
C. A certificate of a notarial act is sufficient if it meets the requirements of Subsections A and B of this section and:
(1) is in a short-form set forth in Section 15 [14-14A-15 NMSA 1978] of the Revised Uniform Law on Notarial Acts;
(2) is in a form otherwise permitted by the law of this state;
(3) is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or
(4) sets forth the actions of the notarial officer, and the actions are sufficient to meet the requirements of the notarial act as provided in Sections 4 [14-14A-4 NMSA 1978], 5 [14-14A-5 NMSA 1978] and 6 [14-14A-6 NMSA 1978] of the Revised Uniform Law on Notarial Acts or law of this state other than the Revised Uniform Law on Notarial Acts.
D. By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in Sections 4, 5 and 6 of the Revised Uniform Law on Notarial Acts.
E. A notarial officer shall not affix the officer's signature to, or logically associate it with, a certificate until after the notarial act has been performed.
F. If a notarial act is performed regarding a tangible record, a certificate shall be part of, or securely attached to, the record. If a notarial act is performed regarding an electronic record, the certificate shall be affixed to, or logically associated with, the electronic record. If the secretary of state has established standards pursuant to Section 26 [14-14A-26 NMSA 1978] of the Revised Uniform Law on Notarial Acts for attaching, affixing or logically associating the certificate, the process shall conform to the standards.
History: Laws 2021, ch. 21, § 14.
Effective dates. — Laws 2021, ch. 21, § 38 made Laws 2021, ch. 21, § 14 effective January 1, 2022.
Applicability. — Laws 2021, ch. 21, § 37 provided that the provisions of Laws 2021, ch. 21 apply to notarial acts performed in this state on and after January 1, 2022.
Structure New Mexico Statutes
Chapter 14 - Records, Rules, Legal Notices, Oaths
Article 14A - Revised Uniform Law on Notarial Acts
Section 14-14A-1 - Short title. (Effective January 1, 2022.)
Section 14-14A-2 - Definitions. (Effective January 1, 2022.)
Section 14-14A-3 - Authority to perform notarial act. (Effective January 1, 2022.)
Section 14-14A-4 - Requirements for certain notarial acts. (Effective January 1, 2022.)
Section 14-14A-6 - Identification of individual. (Effective January 1, 2022.)
Section 14-14A-7 - Authority to refuse to perform notarial acts. (Effective January 1, 2022.)
Section 14-14A-8 - Signature if individual is unable to sign. (Effective January 1, 2022.)
Section 14-14A-9 - Notarial acts in this state. (Effective January 1, 2022.)
Section 14-14A-10 - Notarial act in another state. (Effective January 1, 2022.)
Section 14-14A-12 - Notarial act under federal authority. (Effective January 1, 2022.)
Section 14-14A-13 - Foreign notarial acts. (Effective January 1, 2022.)
Section 14-14A-14 - Certificate of notarial act. (Effective January 1, 2022.)
Section 14-14A-15 - Short-form certificates. (Effective January 1, 2022.)
Section 14-14A-16 - Official stamp. (Effective January 1, 2022.)
Section 14-14A-17 - Stamping device. (Effective January 1, 2022.)
Section 14-14A-18 - Journal. (Effective January 1, 2022.)
Section 14-14A-23 - Database of notaries public. (Effective January 1, 2022.)
Section 14-14A-24 - Prohibited acts. (Effective January 1, 2022.)
Section 14-14A-25 - Validity of notarial acts. (Effective January 1, 2022.)
Section 14-14A-26 - Rules. (Effective January 1, 2022.)
Section 14-14A-27 - Notary public commission in effect. (Effective January 1, 2022.)
Section 14-14A-28 - Fees. (Effective January 1, 2022.)
Section 14-14A-29 - Inspection of public records act compliance. (Effective January 1, 2022.)
Section 14-14A-30 - Saving clause. (Effective January 1, 2022.)
Section 14-14A-31 - Uniformity of application and construction. (Effective January 1, 2022.)