How to Become a Notary in New Mexico

How do I renew my notary commission in New Mexico?

You may renew your commission as a notary public by applying and following the process you did when you first applied to become a notary. The secretary of state will send you a notice one month before the expiration of your notary commission. Your notary renewal application can only be submitted one month before your notary expiration date. To renew your notary commission, you must:

• Complete a new notary application
• Purchase a notary bond
• Pay the required application fee
• Order a New Mexico notary stamp
• Submit an impression of the new notary stamp to the secretary of state

Note: Notary applicants renewing after January 1, 2022 must complete an approved notary education course and pass the required exam. The notary public is not required to re-take the training and examination if the following criteria are met:

1. The secretary of state has a record that the notary public has previously passed the required notary education course and examination.
2. The applicant’s commission has not expired for more than one year.

Who appoints notaries in New Mexico?

The secretary of state appoints New Mexico notaries public and administers the application process, maintains all the records pertaining to these notaries, and authenticates their acts.

The New Mexico Secretary of State can be contacted at:

Office of the Secretary of State
Business Services
Notary Division
New Mexico Capitol Annex North
325 Don Gaspar, Suite 300
Santa Fe, NM 87501
Phone Numbers: (505) 827-3600 or (800) 477-3632
Email: Business.Services@state.nm.us
Website: https://www.sos.state.nm.us/notary-and-apostille/notary-commissions/

Can a non-resident of New Mexico apply for a commission as a notary public?

Yes. A notary applicant who is not a resident of New Mexico but has a place of employment in New Mexico may qualify for a notary commission.

How long is a notary public's commission term in New Mexico?

The term of office of a New Mexico notary public is four years commencing with the date specified in the notary public’s certificate of commission. However, a notary’s commission may be rendered void:

1. By resignation, death, or revocation.
2. By suspension for official misconduct in New Mexico.
3. When a notary public is no longer a resident of New Mexico and ceases to be regularly employed in New Mexico while their notary commission is active.

Is notary training or an exam required to become a notary or to renew a notary commission in New Mexico?

Yes. Starting on January 1, 2022, New Mexico state law requires first-time and renewing notary applicants to take a course of study and pass the examination administered by the secretary of state or through any third-party training vendor approved by the New Mexico Secretary of State.

A passing score is 80 percent or higher. New applicants or applicants renewing their commissions only have to take the qualification course and exam once, as long as their commissions have not expired for more than one year.

How much does it cost to become a notary public in New Mexico?

To become a notary public in New Mexico, you must pay the following:

1. A $30 application fee for processing your notary application.
2. A fee to have the notary application and notary bond notarized.
3. A four-year, $10,000 notary bond.
4. The tuition for the mandatory course and examination.
5. A New Mexico notary stamp.

Other expenses include the cost of purchasing:

1. A New Mexico notary journal to record all notarial acts you performed.
2. An errors and omissions insurance policy to protect yourself if you are sued for unintentional mistakes or if a false claim is filed against you as a notary. (An E&O policy is optional.)

Do I need a notary errors and omissions (E&O) insurance policy to become a notary in New Mexico?

A notary errors and omissions (E&O) insurance policy is optional in New Mexico and is not required to become a New Mexico notary public or to renew your notary commission. However, the American Association of Notaries strongly recommends that every New Mexico notary obtain a notary E&O insurance policy. This insurance protects you from a claim if a client sues you as a notary. A notary E&O policy covers unintentional notarial mistakes and pays for legal fees and damages based on the coverage you select as a New Mexico notary public.

Do I need a notary bond to become a notary in New Mexico?

Yes. You must purchase a four-year, $10,000 notary bond to become a New Mexico notary public or to renew your New Mexico notary commission. The notary bond must be issued by a surety or other entity licensed or authorized to do business in the state of New Mexico.

Do I need to order a notary stamp in New Mexico?

Yes. You must purchase a notary stamp from a notary supply vendor, like the American Association of Notaries. New Mexico notary law requires you to use a notary stamp every time you notarize a document.

A Notary Public Official Stamp Registration form must be submitted to the secretary of state within forty-five days of your notary application being approved, or you will be referred to the State Ethics Commission.

The official stamp of a commissioned notary public shall conform to the requirements pursuant to Section 14-14A-16 NMSA 1978 and the requirements set by the New Mexico Secretary of State.

The notary stamp must:

• Be in a ten-point font
• Contain the words “State of New Mexico” and “Notary Public”
• Include your legal name (as listed on your certificate of commission), commission number, and expiration date
• Not contain the New Mexico state seal.
• Be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated.

The information on the official stamp may be in any order and can include a border. 

Note: When not in use, your notary stamp must be kept secure and accessible only to yourself, and you may not allow other people to use the device to perform a notarial act. If your stamp is stolen or lost, you or your personal representative or guardian must promptly notify the New Mexico Secretary of State.

As soon as reasonably practicable after resignation, revocation, name change, commission expiration, or death of the notary public, the official stamp must be destroyed or defaced so it may not be misused.

To order a New Mexico notary stamp, complete notary package, and notary supplies, please visit the American Association of Notaries website at https://www.notarypublicstamps.com/notary-stamps/new-mexico.

How much can a New Mexico notary public charge for performing notarial acts?

New Mexico notary fees are set by statute (14-14A-28 NMSA 1978). The maximum allowable fees that a New Mexico notary public may charge for notarial acts are as follows:

• Acknowledgments: $5 per acknowledgment
• Oaths or affirmations without a signature: $5 per person
• Jurats: $5 per jurat
• Copy certifications: $0.50 per page with a minimum total charge of $5

The law also permits a notary public to charge less than the maximum notarial fee or waive the notarial fee. A notary public may charge a travel fee if:

1. The notary and the person requesting the notarial act agree in advance.  
2. The notary explains to the person requesting the notarial act that the travel fee is separate from the notarial fees and not mandated by law.

In addition to the fees prescribed in 14-14A-28[C] and 14-14A-28[D] NMSA 1978, a notary public may charge a technology fee not to exceed $25 per notarial act performed with respect to an electronic record (14-14A-28[E] NMSA 1978).

Is a notary journal required in New Mexico?

A notary journal (also known as a record book, log book, or register book) is your first line of defense in proving your innocence if a notarial act you performed is questioned or if you are requested to testify in a court of law about a notarial act you performed in the past. A properly recorded notarial act creates a paper trail that will help investigators locate and prosecute signers who have committed forgery and fraud. Properly recorded notarial acts provide evidence that you followed your state laws and notary’s best practices.

 

Notary journal requirements in New Mexico for traditional notarizations, in-person electronic notarizations and remote online notarizations – New Mexico notaries are required to maintain a journal of every notarial act performed. The journal can be kept in a tangible medium or in an electronic format. If a tangible journal is kept it must be a permanent, bound register with numbered pages. If the journal is kept in an electronic format, it must be permanent and tamper-evident complying with the rules of the secretary of state.

The American Association of Notaries offers a wide variety of notary journals.

Click here to purchase a tangible notary journal.

Click here to become a member and access our electronic notary journal.

What information must New Mexico notaries record in their notary journals?

New Mexico requires notaries to chronicle the following information in their notary journals:

• For Traditional Notarizations:

1. The date and time of the notarial act.
2. A description of the record, if any, and type of notarial act.
3. The full name and address of each individual for whom the notarial act is performed. If the identity of the individual is based on personal knowledge, a statement to that effect.
4. If the identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of any identification credential.
5. The fee, if any, charged by the notary public.

 

• For In-Person Electronic Notarizations and Remote Online Notarizations:

1. The date and time of the notarial act.
2. A description of the record, if any, and type of notarial act.
3. The full name and address of each individual for whom the notarial act is performed. If the identity of the individual is based on personal knowledge, a statement to that effect.
4. If the identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of any identification credential.
5. The fee, if any, charged by the notary public.
6. The name of the remote online notarization system provider.

Where can I perform notarial acts in New Mexico?

You may perform notarial acts while you are physically anywhere within the geographic borders of the state of New Mexico.

What notarial acts can a New Mexico notary public perform?

A New Mexico notary public is authorized to perform the following notarial acts (14-14A-2[F] NMSA 1978):

• Take acknowledgments
• Administer oaths and affirmations
• Take verifications on oaths or affirmations (jurats)
• Witness or attest signatures
• Certify or attest copies
• Note protests of negotiable instruments
• Conduct any other acts authorized by state law

Can I perform in-person electronic notarizations in New Mexico?

Yes. You can perform in-person electronic notarizations if you are a remote online notary. In-person electronic notarization is another way for a notary to perform notarial acts in New Mexico. Under NMAC 12.9.3.7 (D), “in-person electronic notarization” is defined as a notarization wherein an electronic record is presented for notarization on a computer or mobile device with the individual signing the record and the notarial officer meeting physically face-to-face. It does away with the paper document and manual signature requirements and involves using an electronic document and electronic signatures.

What is the process to become a New Mexico electronic notary public?

To become an in-person electronic notary in New Mexico, you must hold an active New Mexico notary public commission and apply to become a remote online notary (RON).

For more information on how to become a remote online notary, please visit the New Mexico Secretary of State’s website or read the two questions listed below.

Can I perform remote online notarizations in New Mexico?

Starting on January 1, 2022, New Mexico state laws authorize New Mexico notaries public to perform remote online notarizations. Remote online notaries can provide their services to signers located within and outside of New Mexico as long as the remote online notaries themselves are within the state at the time of the notarial act.

Read the next section for detailed information on becoming a remote online notary.

How do I become a remote online notary in New Mexico?

To become a remote online notary, you must:

1. Hold an existing traditional notary public commission.
2. Download, print, and complete a Remote Online Notary Application.
3. Contract with a RON system provider approved by the New Mexico Secretary of State. Click here for a list of approved remote online system providers.
4. Complete the remote online notary education course and pass the required exam from the secretary of state or through any approved third-party training vendor. Click here to take the required RON course and exam.
5. Print the certificate of completion after passing the exam.
6. Mail the Remote Online Notary Application, $75 application fee, and certificate of completion to the secretary of state.
7. Download, print, and complete the Remote Online Notary Stamp Registration form. Electronic notary stamps and electronic signatures are issued to notaries by the system providers listed on the remote online notary application.
8. Email the Remote Online Notary Stamp Registration form to the secretary of state within forty-five days of having the remote online notary application approved.

How do I update my address on my New Mexico notary commission?

If your residence, business, or mailing address on file changes, you must notify the secretary of state within ten days of the change.

Use the Notary Public Address Change Application to update your information.

How do I change my name on my notary commission in New Mexico?

If your name on file changes, you must mail the following items to the secretary of state within ten days of your name change:

1. The Notary Public Name Change Application form.
2. An impression of your new notary stamp with your new name.
3. A rider from your surety company or other entity that issued your notary bond.
4. A $3 filing fee.

Revised:

January 2023