Notary & Apostille

NEW STAMP REQUIREMENTS FOR THE REVISED UNIFORM LAW ON NOTARIAL ACTS (RULONA)

Official Stamp requirements for a Notary Public:

• Shall be in 10 point font
• Shall contain the words “State of New Mexico” and “Notary Public”
• Shall list the notary’s legal name identically as listed on the issued Certificate of Commission
• Shall list the issued commission number and expiration date as listed on the issued Certificate of Commission
• The official stamp CANNOT contain the New Mexico State seal

Official Stamp requirements for a County Clerk, Deputy County Clerk

• Shall be in 10 point font
• Shall contain the words “State of New Mexico” and “Notarial Officer”
• Shall list the notarial officer’s legal name as it appears in the office held
• Shall list the county for which the notarial officer is employed as such
• The official stamp CANNOT contain the New Mexico State seal
• Official Stamp requirements for a Judge, Court Clerk, Deputy Court Clerk
• Shall be in 10 point font
• Shall contain the words “State of New Mexico” and “Notarial Officer”
• Shall list the notarial officer’s legal name as it appears in the office held
• Shall list the judicial district for which the notarial officer serves
• The official stamp CANNOT contain the New Mexico State seal

Official Stamp requirements for a notarial officer authorized to practice law in the State of New Mexico

• Shall be in 10 point font
• Shall contain the words “State of New Mexico” and “Notarial Officer”
• Shall list the notarial officer’s legal name as it appears in the office held
• Shall list the notarial officer’s state bar number
• Shall list the jurisdiction for which the notarial officer practices law, if different than “State of New Mexico”
• The official stamp CANNOT contain the New Mexico State seal

Commission and Recommission

If the application is accepted, the New Mexico Secretary of State will commission the applicant as a Notary Public for a term of four (4) years. The applicant will receive a Certificate of Commission from this office containing your commission number and term expiration date.

A Notary Public may be recommissioned every four years thereafter by submitting an application for renewal as indicated in the previous section. Each Notary Public is sent a notice of their term’s expiration by the Secretary of State one month before their commission expiration date.

Notarial Acts

A Notary Public is empowered to perform the following notarial acts:

Acknowledgments. “Acknowledgment” means a notarial act in which a person at a single time and place;

• Appears in person before the notary public and presents a document
• Is personally known to the notary public or identified by the notary through satisfactory evidence; and indicates to the notary public that the signature on the document was voluntarily affixed by the person for the purposes stated within the document and, if applicable, that the person had due authority to sign in a particular representative capacity
• Administer oaths and affirmations. “Oath” or “Affirmation” means a notarial act in which a person at a single time and placeAppears in person before the notary public
• Is personally known to the notary public or identified by the notary public through satisfactory evidence; and makes a vow of truthfulness or fidelity on penalty of perjury, based on personal honor and without invoking a deity or using any form of the word “swear.”

Jurats. “Jurat” means a notarial act in which a person at a single time and place;

• Appears in person before the notary public and presents a document
• Is personally known to the notary public or identified by the notary public through satisfactory evidence
• Signs the document in the presence of the notary public; and takes an oath or affirmation from the notary public that the person is voluntarily affixing his signature and vouching for the truthfulness or accuracy of the signed document

Copy certifications. “Copy certification” means a notarial act in which a notary public;

• Is presented with an original document that is neither a vital record, a public record nor publicly recordable

• Copies or supervises the copying of the original document using a photographic or electronic copying process

• Compares the original document to the copy; and determines that the copy is accurate and complete.

Prohibited Acts

A commissioned notary public does not have the authority to:

• Assist persons in drafting legal records, give legal advice, or otherwise practice law
• Act as an immigration consultant or expert on immigration matters
• Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United State citizenship or related matters
• Receive compensation for performing any of the activities listed above

A notary public shall not:

• Engage in false or deceptive advertising
• Use the term “notario” or “notario publico”
• Advertise or represent that they may assist persons in drafting legal records, give legal advice or otherwise practice law
• Withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public
• Perform a notarial act on a blank or incomplete record
• Certify or authenticate a photograph
• Perform a notarial act with the intent to deceive or defraud
• Use title of notary public or official stamp to endorse, promote, denounce, or oppose any product, service, contest, candidate, or other offering.
• Perform a notarial act without identification of the individual requesting notarial services, in compliance with 14-14A-6 NMSA 1978
• Perform a notarial act on a document or record where themselves or their spouse or domestic partner is a party or in which either of them has a direct beneficial interest

A notarial officer who violates any of the above is guilty of a misdemeanor for each violation and upon

conviction shall be punished by a fine not exceeding $1,000 or by imprisonment for a period not exceeding

six months, or both.

An individual who performs a purported notarial act with the knowledge that the individual’s commission

has expired or that the individual is otherwise disqualified from the office of notary public or notarial

officer is guilty of a misdemeanor and upon conviction shall be punished by a fine of $500 and shall be

removed from office by the state ethics commission.

Fees

$30 Filing fee

$30 Examination Fee (to be paid directly to the approved training provider)

$3.00 Certified copy of Commission

$3.00 Name change

 Forms

The certification of notarial acts which may be used when notarizing documents are not contained in these instructions but may be found in sections 14-14A-15.

 Questions

If you have questions regarding your duties as a Notary Public or have questions regarding the procedures to follow when you notarize, you may contact us at (505) 827-3600, or (800) 477-3632. However, if you have questions regarding the form, instrument, or document which you have been asked to notarize, we recommend that you contact the office or government agency that issued it or will receive it.  We are unable to respond to questions of a legal nature.

Certification of a Notary Public’s Acts

If a person requires certification of a Notary Public’s appointment such, they should take or mail the document to the Secretary of State where a certificate will be prepared verifying that the Notary Public was duly commissioned by the Secretary of State.  The fee is $3.00 per certification.