Chapter 14 — Chapter 14

History: Laws 1993, ch. 281, § 6; repealed by Laws 2021, ch. 21, § 36.

History: Laws 1993, ch. 281, § 7; repealed by Laws 2021, ch. 21, § 36.

History: Laws 1993, ch. 281, § 8; repealed by Laws 2021, ch. 21, § 36.

History: Laws 1993, ch. 281, § 9; repealed by Laws 2021, ch. 21, § 36.

Chapter 14, Article 14A NMSA 1978 may be cited as the "Revised Uniform Law on Notarial Acts". History: Laws 2021, ch. 21, § 1; 2023, ch. 110, § 2.

A. A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state if the act performed in that state is performed by a notarial officer or other individual authorized by the law of that state to perfor…

Indian nation, tribe or pueblo. A. A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian nation, tribe or pueblo has the same effect as if performed by a notarial officer of this state if the act performed in the jurisdiction of the…

A. A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state if the act performed under federal law is performed by: (1) a judge; (2) a court clerk or deputy court clerk; (3) an individual in mil…

A. If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of th…

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 in the same manner as on file with the secretary of state; (3) identify the ju…

The following short-form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by Subsections A and B of Section 14-14A-14 NMSA 1978: A. for an acknowledgment in an individual capacity: State of _______________________…

The official stamp of a notarial officer shall: A. include the notarial officer's name, New Mexico state bar identification number if the notary public is licensed to practice law, judicial district or area served if the notarial officer is a judge, court clerk or deputy court cl…

A. A notarial officer is responsible for the security of the notarial officer's stamping device and may not allow another individual to use the device to perform a notarial act. On resignation from, or the revocation or expiration of, a notary public's commission, or on the expir…

A. A notarial officer in this state shall maintain a journal in which the notarial officer chronicles all notarial acts that the notarial officer performs. The notarial officer shall retain the journal for ten years after the performance of the last notarial act chronicled in the…

electronic record; selection of technology. A. A notarial officer shall select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notarial officer to perform a notarial act with respect to an electronic …

In addition to the general definitions provided in Section 12-2A-3 NMSA 1978 of the Uniform Statute and Rule Construction Act [12-2A-1 to 12-2A-20 NMSA 1978], as used in the Revised Uniform Law on Notarial Acts: A. "acknowledgment" means a declaration by an individual before a no…

immunity or benefit. A. An individual may apply to the secretary of state for a commission as a notary public. The applicant shall comply with and provide the information required by rules established by the secretary of state and pay any application fee. B. To qualify for the co…

continuing legal education requirements for automatic notarial officers. A. An applicant for a commission as a notary public who does not hold a commission in this state is required to pass an examination administered by the secretary of state or an entity approved by the secreta…

condition commission of notarial officer. A. The state ethics commission may revoke, suspend or impose a condition on a notarial officer for any act or omission that demonstrates that the individual lacks the honesty, integrity, competence or reliability to act as a notarial offi…

The secretary of state shall maintain an electronic database of notarial officers providing the following: A. information and a means through which a person may verify the authority of a notarial officer to perform notarial acts; and B. indication of whether a notarial officer ha…

A. A commission as a notary public or status as an automatic notarial officer does not by itself 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…

Except as otherwise provided in Subsection B of Section 14-14A-3 NMSA 1978, the failure of a notarial officer to perform a duty or meet a requirement specified in the Revised Uniform Law on Notarial Acts does not invalidate a notarial act performed by the notarial officer. The va…

A. The secretary of state may adopt rules to implement the secretary's responsibilities pursuant to the Revised Uniform Law on Notarial Acts. Rules adopted regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal statu…

A. A commission as a notary public in effect on the effective date of the Revised Uniform Law on Notarial Acts continues until its date of expiration. B. A notarial officer, in performing notarial acts after the effective date of the Revised Uniform Law on Notarial Acts or any am…

A. A notarial officer may charge the maximum fee specified in this section, charge less than the maximum fee or waive the fee. B. An employer shall not establish fees for notarial services that are in excess of those specified in this section nor on the attributes of the principa…

History: Laws 2021, ch. 21, § 29; repealed by Laws 2022, ch. 27, § 1.

A. A notarial officer shall perform all notarial acts pursuant to the Revised Uniform Law on Notarial Acts or by law of this state other than the Revised Uniform Law on Notarial Acts. B. A notarial officer shall not perform a notarial act with respect to a record to which the off…

The Revised Uniform Law on Notarial Acts does not affect the validity or effect of a notarial act performed before the effective date of the Revised Uniform Law on Notarial Acts or any amendments to the Revised Uniform Law on Notarial Acts. History: Laws 2021, ch. 21, § 30; 2023,…

In applying and construing the Revised Uniform Law on Notarial Acts, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: Laws 2021, ch. 21, § 31.

National Commerce Act. The Revised Uniform Law on Notarial Acts modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, but does not modify, limit or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize elect…

A. A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the …

remote notarizations. A. If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer. B. A remotely located individual may comply with this…

A. A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that individual has the identity claimed. B. A notarial offi…

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 offi…

If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual's name on the record. The notarial officer shall insert "Signature affixed by (name of other individual) at the direction of (nam…

A. A notarial act may be performed in this state by: (1) a notary public of this state; or (2) an automatic notarial officer of this state. B. The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine a…

This act [14-15-1 to 14-15-6 NMSA 1978] may be cited as the "Electronic Authentication of Documents Act". History: Laws 1996, ch. 11, § 1.

The purpose of the Electronic Authentication of Documents Act is to: A. provide a centralized technical approach to authenticating electronic documents; B. promote electronic commerce by eliminating barriers resulting from uncertainties over signature requirements and promoting t…

As used in the Electronic Authentication of Documents Act: A. "authenticate" means to ascertain the identity of the originator, verify the integrity of the electronic data and establish a link between the data and the originator; B. "document" means an identifiable collection of …

ANNOTATIONS Repeals. — Laws 2001, ch. 69, § 5 repealed 14-15-4 NMSA 1978, as enacted by Laws 1996, ch. 11, § 4, regarding the office of electronic documentation, effective July 1, 2001. For provisions of former section, see the 2000 NMSA 1978 on NMOneSource.com.

A. The information technology commission shall adopt rules and standards to accomplish the purposes of the Electronic Authentication of Documents Act. B. The rules shall address circumstances under which standards other than adopted standards may be used. History: Laws 1996, ch. …

The office may contract with a private, public or quasi-public organization for the provision of services under the Electronic Authentication of Documents Act. A contract for services shall comply with rules adopted pursuant to the Electronic Authentication of Documents Act and t…

Chapter 14, Article 16 NMSA 1978 may be cited as the "Uniform Electronic Transactions Act". History: Laws 2001, ch. 131, § 1; 2013, ch. 30, § 1; 2013, ch. 68, § 1.

If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply: (1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other pa…

If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applic…

(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which: (1) accurately reflects the information set forth in the record after it was first generated in its final form as an electronic …

In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form. History: Laws 2001, ch. 131, § 13.

In an automated transaction, the following rules apply: (1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements. (2) A contract may be …

(a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it: (1) is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic r…

(a) As used in this section, "transferable record" means an electronic record that: (1) would be a note under Chapter 55, Article 3 NMSA 1978 or a document under Chapter 55, Article 7 NMSA 1978 if the electronic record were in writing; and (2) the issuer of the electronic record …