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Become a New Mexico Notary

Abbreviation: NM   |   47th State   |   Statehood: January 6, 1912   |  
Eligibility:
To become a New Mexico notary public, a person must meet all of the requirements listed below:

  • Be at least 18 years of age
  • Be a resident of the State of New Mexico
  • Read and write the English language
  • Not have plead guilty or nolo contendere to a felony or have been convicted of a felony
  • Not have had a notary commission revoked during the past five years
 
Qualification:
To receive a New Mexico notary public commission, a person must:
  • Meet the eligibility requirements
  • Prior to completing the notary application, a notary seal or stamp with the words “State of New Mexico” must be purchased, and the impression of the notary seal is required on the application
  • Two character references from New Mexico residents with their signature and address must also appear on the notary application
  • Properly complete the notary application form only in black ink and submit it to the Secretary of State with a $10,000 bond and a $20 filing fee. Click here to download the application form -
http://www.sos.state.nm.us/Business_Services/Notary_Division.aspx
 
Non-Residents New Mexico Notary:
Not permitted.
 
New Mexico Notary Bond:
Required. A $10,000 notary bond is required for new and renewing notaries.
 
Notary Errors & Omissions Insurance:
Optional. A notary public is liable to any person for damages that result from the misconduct of the notary public. The American Association of Notaries strongly recommend New Mexico notaries public to insure themselves against claims of negligence through the purchase of a Notary Errors and Omissions insurance. Visit our website: www.usnotaries.com for more information and/or purchase the E&O insurance.
 
Filing Fee:
A $20 filing fee is required for new and renewal notary applications.
 
New Mexico Notary Term:
4 years.
 
Jurisdiction:
Statewide.
 
Appointment:
Governor
Secretary of State
325 Don Gaspar, Suite 300
Santa Fe, New Mexico 87503
(505) 827-3600 or (800) 477-3632
http://www.sos.state.nm.us/Business_Services/Notary_Division.aspx
 
Notary Commission Renewal:
A notary public may apply at least 30 days before the expiration of the current commission by submitting a renewal application. The Secretary of State mails a notice of the notary’s term expiration to the notary’s last mailing address of record.
 
Education/Testing:
None Required.
 
New Mexico Notary Stamp/Notary Seal:
Required.

Type – embosser or rubber-inked stamp

Ink color – any color as long as the seal can be reproduced under photographic methods.

Shape – round or Rectangular

Required elements - the exact name of the notary public as it appears on the application for appointment and the words “Notary Public, State of New Mexico.”

The seal is the exclusive property of the notary public and shall not be used by another other person or surrendered to an employer upon termination of employment. The notary seal must be kept under lock and key and be accessible only to the notary public. When a commission expires, or if the notary public resigns or revoked, the notary public shall destroy or deface all notary seals to prevent their misuse. Within 10 days after the notary seal or stamp of a notary public is stolen, lost, or damaged, the notary must notify the Secretary of State in writing by any means providing a tangible receipt of such notice. In case of theft or vandalism, the notary public must also make a report to his or her appropriate law enforcement.

 
Record Book:
None Required. It is strongly recommended by the Secretary of State and the American Association of Notaries that New Mexico notaries public record every notarial act in a notary record book or journal. For New Mexico notary supplies, please contact the American Association of Notaries by calling 800.721.2663 or visiting our website at www.usnotaries.com.
 
Notary Fees:
Notary fees are set by state law. A notary public is allowed to charge for each notarial act, but not more than:

  • Acknowledgments $5.00
  • Oaths or affirmations $5.00
  • Jurats $5.00
  • Copy certification per page $0.50 (Maximum total charge of $5)
  • Deposition (per 100 words) $0.50

A notary public may charge a travel fee not to exceed $0.30 per mile when traveling to perform a notarial act if the notary and the person requesting the notarial act agree upon the travel fee in advance. The notary public shall also explain to the person requesting the notarial act that the travel fee is separate from the notarial fees and not mandated by law.

 
Authority:
New Mexico notary public has the authority to:

  • Take acknowledgments
  • Administer oaths and affirmations
  • Perform jurats
  • Certify copies of non-recordable documents
  • Any other act so authorized by the law of New Mexico
 
Address Change:
A notary public must notify the Secretary of State in writing of a change of the notary’s residence, business, or mailing address within 10 days after such change. A notary public must also notify the surety for the notary’s bond in writing within 10 days of a change of residence, business or mailing address. Click here to download the change of address form http://www.sos.state.nm.us/Business_Services/Notary_Division.aspx.
 
Name Change:
Upon any change of a notary public’s name, the notary must within 10 days of such change submit a name change application to the Secretary of State for issurance of a corrected commission. The application must include the new name and the impression or image of the new notary seal. The notary public must also provide the Secretary of State with a copy of the rider to the notary bond from the surety company that contains the new name. Click here to download the name change application form http://www.sos.state.nm.us/Business_Services/Notary_Division.aspx.
 
Death/Resignation/Removal:
A notary public who resigns his or her commission must notify the Secretary of State by any means providing a tangible receipt or acknowledgment, including certified mail and electronic transmission, a signed notice indicating the effective date of resignation. A notary public who ceases to reside in New Mexico, or who becomes permanently unable to perform notarial duties must resign his or her notary commission. If a notary public dies during the term of commission, the notary’s representative shall notify the Secretary of State of the death in writing as soon as reasonably practicable and destroy or deface all notary seals.
 
Prohibited Acts:
A notary public may not:

  • Prepare, draft, select, or give advice concerning legal documents
  • Perform acts that constitute the practice of law
  • Use the phrase “notario” or “notario publico” to advertise notary services
  • Claim to have powers, qualifications, rights, or privileges that the office of notary public does not provide, including the power to counsel on immigration matters
  • Refuse to perform a notarial act based on race, age, gender, sexual orientation, religion, national origin, health, disability or non-client/customer status
  • Notarize a document without the signer being in the notary’s presence
  • Notarize a notarial certificate that is incomplete
  • Notarize documents that contain blanks or are incomplete
  • Notarize the signature of a signer if the notary did not establish his or her identity through satisfactory evidence of identity
  • Notarize a document that does not contain a notarial certificate
  • Notarize a document if the notary is named in it
  • Notarize a document in which the notary has a financial or beneficial interest
  • Notarize a document that has been changed or altered with correction fluid or correction tape
  • Notarize a signature affixed to a document by a rubber stamp
  • Overcharge fees for notary services
  • Notarize for a signer who, by his demeanor, shows that he does not understand the consequences of the transaction
  • Notarize for a signer who is not acting of his own free will
  • Perform a notarial act that he cannot complete at the time of the notarization
  • Notarize a document that he knows or has good reason to believe is unlawful
  • Use the official notary public title or seal to endorse, promote, denounce, or oppose any product, service, contest, candidate or other offering
  • Certify or authenticate a photograph
  • Pre-date or postdate a notarial certificate
  • Notarize with the intent to deceive or defraud.
  • Certify copies of publicly recordable documents
 
Criminal Offense:
A notary public may be convicted of a misdemeanor, pay a fine not exceeding $1,000, or suffer imprisonment for a period not exceeding 6 months, or both, for the following:

  • Executing a notarial certificate that contains false statements the notary public knows to be false that the signer was present for the notarial act when the signer was not
  • Failure to complete a notarial certificate
  • Providing or sending a signed or sealed notarial certificate to another person with the understanding that it will be completed or attached to a document outside the notary’s presence
 
Notarial Certificates:
Click here to view your state's notarial certificates.

Revised: October 2013

Notary bonds and errors and omissions insurance policies provided by this insurance agency, American Association of Notaries, Inc., are underwritten by Western Surety Company, Universal Surety of America, or Surety Bonding Company of America, which are subsidiaries of CNA Surety. American Association of Notaries is owned by Kal Tabbara, a licensed insurance agent.