New Mexico Statutes
Article 14A - Revised Uniform Law on Notarial Acts
Section 14-14A-2 - Definitions. (Effective January 1, 2022.)

In addition to the general definitions provided in Section 12-2A-3 of the Uniform Statute and Rule Construction Act, as used in the Revised Uniform Law on Notarial Acts:
A. "acknowledgment" means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record;
B. "electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities;
C. "electronic signature" means an electronic symbol, sound or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record;
D. "foreign state" means a government other than the United States, a state or a federally recognized Indian tribe;
E. "in a representative capacity" means acting as:
(1) an authorized officer, agent, partner, trustee or other representative for a person other than an individual;
(2) a public officer, personal representative, guardian or other representative, in the capacity stated in a record;
(3) an agent or attorney-in-fact for a principal; or
(4) an authorized representative of another in any other capacity;
F. "notarial act" means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. The term includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy and noting a protest of a negotiable instrument;
G. "notarial officer" means a notary public or other individual authorized to perform a notarial act;
H. "notary public" means an individual commissioned to perform a notarial act by the secretary of state;
I. "official stamp" means a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record and includes an official notary seal;
J. "person" also includes a statutory trust, public corporation, government or governmental subdivision, agency or instrumentality;
K. "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
L. "sign" or "subscribe", when used with present intent to authenticate or adopt a record, means to:
(1) execute or adopt a tangible symbol; or
(2) attach to or logically associate with the record an electronic symbol, sound or process;
M. "signature" means a tangible symbol or an electronic signature that evidences the signing of a record;
N. "stamping device" means:
(1) a physical device capable of affixing to or embossing on a tangible record an official stamp; or
(2) an electronic device or process capable of attaching to or logically associating with an electronic record an official stamp; and
O. "verification on oath or affirmation" means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true.
History: Laws 2021, ch. 21, § 2.
Effective dates. — Laws 2021, ch. 21, § 38 made Laws 2021, ch. 21, § 2 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

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-5 - Personal appearance required; exception authorized for remote notarizations. (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-11 - Notarial act under the authority of a federally recognized Indian tribe. (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-19 - Notification regarding performance of notarial act on electronic record; selection of technology. (Effective January 1, 2022.)

Section 14-14A-20 - Commission as notary public qualifications; no immunity or benefit. (Effective January 1, 2022.)

Section 14-14A-21 - Examination of notary public and notarial officers; continuing legal education requirements. (Effective January 1, 2022.)

Section 14-14A-22 - Grounds to deny, refuse to renew, revoke, suspend or condition commission of notary public. (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.)

Section 14-14A-32 - Relation to federal Electronic Signatures in Global and National Commerce Act. (Effective January 1, 2022.)