A. A commission as a notary public does not authorize an individual to:
(1) assist persons in drafting legal records, give legal advice or otherwise practice law;
(2) act as an immigration consultant or an expert on immigration matters;
(3) represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters; or
(4) receive compensation for performing any of the activities listed in this subsection.
B. A notary public shall not engage in false or deceptive advertising.
C. A notary public, other than an attorney licensed to practice law in this state, shall not use the term "notario" or "notario publico".
D. A notary public shall not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice or otherwise practice law. If a notary public who is not an attorney licensed to practice law in this state in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media and the internet, the notary public shall include the following statement or an alternate statement authorized or required by the secretary of state, in the advertisement or representation, prominently and in each language used in the advertisement or representation: "I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.". If the form of advertisement or representation is not broadcast media, print media or the internet and does not permit inclusion of the statement required by this subsection because of size, the statement shall be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.
E. Except as otherwise allowed by law, a notary public shall not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public.
F. A notary public shall not:
(1) perform a notarial act on a blank or incomplete record;
(2) certify or authenticate a photograph;
(3) perform a notarial act with intent to deceive or defraud; or
(4) use the title of notary public or official stamp to endorse, promote, denounce or oppose any product, service, contest, candidate or other offering.
G. A notarial officer shall not:
(1) make or deliver a certificate of notarial act containing statements that the notarial officer knows to be false; or
(2) knowingly perform a notarial act for an individual who does not comply with Section 6 [14-14A-6 NMSA 1978] of the Revised Uniform Law on Notarial Acts.
H. A notarial officer who violates any of the provisions of Subsections A through G of this section is guilty of a misdemeanor for each violation and upon conviction shall be punished by a fine not exceeding one thousand dollars ($1,000) or by imprisonment for a period not exceeding six months, or both.
I. An individual who performs a purported notarial act with knowledge that the individual's commission as a notary public has expired or that the individual is otherwise disqualified from the office of notary public or as a notarial officer is guilty of a misdemeanor and upon conviction shall be punished by a fine of five hundred dollars ($500) and shall be removed from office by the state ethics commission.
History: Laws 2021, ch. 21, § 24.
Effective dates. — Laws 2021, ch. 21, § 38 made Laws 2021, ch. 21, § 24 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.)