A. A notary public in this state shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs. The notary public shall retain the journal for ten years after the performance of the last notarial act chronicled in the journal.
B. A journal may be created on a tangible medium or in an electronic format. A notary public performing notarial acts pursuant to Subsection E of this section shall maintain only one journal at a time to chronicle all notarial acts, whether those notarial acts are performed regarding tangible or electronic records; provided that a notary public may keep a journal in a tangible medium for tangible records and an electronic journal for electronic records. If the journal is maintained on a tangible medium, it must be a permanent, bound register with numbered pages. If the journal is maintained in an electronic format, it must be in a permanent, tamper-evident electronic format complying with the rules of the secretary of state.
C. An entry in a journal must be made contemporaneously with performance of the notarial act and contain the following information:
(1) the date and time of the notarial act;
(2) a description of the record, if any, and type of notarial act;
(3) the full name and address of each individual for whom the notarial act is performed;
(4) if identity of the individual is based on personal knowledge, a statement to that effect;
(5) if identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of any identification credential; and
(6) the fee, if any, charged by the notary public.
D. If a notary public's journal is lost or stolen, the notary public shall promptly notify the secretary of state on discovering that the journal is lost or stolen.
E. Pursuant to the requirements provided in Subsections B and C of this section, a notarial officer licensed to practice law in this state shall maintain a journal when performing notarial acts for members of the public unrelated to an established attorney-client relationship.
F. On resignation from, or the revocation or suspension of, a notary public's commission, the notary public shall retain the notary public's journal in accordance with Subsection A of this section and inform the secretary of state of where the journal is located.
G. Instead of retaining a journal as provided in Subsections A and F of this section, a current or former notary public may transmit the journal to the secretary of state, the state records officer or a repository approved by the secretary of state.
H. On the death or adjudication of incompetency of a current or former notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the journal shall transmit the journal to the secretary of state, the state records officer or a repository approved by the secretary of state.
History: Laws 2021, ch. 21, § 18.
Effective dates. — Laws 2021, ch. 21, § 38 made Laws 2021, ch. 21, § 18 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.)