A. A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:
(1) the individual executing the record is competent or has the capacity to execute the record; or
(2) the individual's signature is knowingly and voluntarily made.
B. A notarial officer may refuse to perform a notarial act unless refusal is prohibited by a state or federal law other than the Revised Uniform Law on Notarial Acts.
C. In accordance with the Human Rights Act [Chapter 28, Article 1 NMSA 1978], a notary public or notarial officer shall not discriminate in the performance of a notarial act pursuant to the Revised Uniform Law on Notarial Acts.
History: Laws 2021, ch. 21, § 7.
Effective dates. — Laws 2021, ch. 21, § 38 made Laws 2021, ch. 21, § 7 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.)