How to Become a Notary in New Mexico
To become a notary in New Mexico, you must:
- Meet the eligibility requirements listed in the next section.
- Purchase a four-year, $10,000 notary bond and have it notarized by a New Mexico notary.
- Print the oath of office and sign it in the presence of a New Mexico notarial officer.
- Take an online education course and successfully complete the exam.
- Complete the Notary Public Application online, pay the $30 application fee, and upload the following documents in PDF format:
- Certificate of completion of notary education course.
- The signed and notarized oath of office.
- The notarized surety bond.
- Order a notary stamp once you receive the certificate of commission.
- Register your notary stamp by filing an amendment to your notary commission on the secretary of state's website, within forty-five days of your notary application approval and before you perform any notarial acts.
For instructions on how to use the online filing system, you may view the Notary Public Online Filing Help guide on the secretary of state’s website.
Who can become a notary public in New Mexico?
To become a notary public in New Mexico, you must meet the following eligibility requirements:
- Be at least eighteen years of age.
- Be a resident of or have a place of employment in the State of New Mexico.
- Be able to read and write the English language.
- Not have been convicted of a felony or crime involving fraud, dishonesty, or deceit in the last five years.
- Not have had a notary public commission denied, suspended, or revoked in another state.
- Not be disqualified to receive a commission under Section 22 of the Revised Uniform Law on Notarial Acts [14-14A-22 NMSA 1978].
NOTE: A judicial officer, the secretary of state, a full-time staff member of the secretary of state’s office, a county clerk, or a deputy county clerk who is not licensed to practice law may also be commissioned as a notary public to perform notarial acts outside the individual’s scope of duties as an automatic notarial officer.
This New Mexico notary guide will help you understand:
- Who can become a notary in New Mexico.
- How to become a notary in New Mexico.
- How to become a remote online notary in New Mexico.
- The basic duties of a notary in New Mexico.
How do I renew my notary commission in New Mexico?
New Mexico notaries may apply for reappointment as early as one month prior to their notary commission expiration date. The renewal process requires you to:
- Purchase a four-year, $10,000 notary bond.
- File an amendment online by searching for your notary record in the “Public Notary Search” on the New Mexico Secretary of State’s online portal. Have the following documents saved in PDF format on your computer, as you will be asked to upload them while completing the amendment online:
- The executed notary bond.
- The notarized oath of office.
- The course certificate of completion. If you took the exam after January 2022 and are renewing within one year of expiration, you can use the original certificate. If more than one year has lapsed, or you have never taken the training, you must complete it.
- Pay the required application fee.
- Order a New Mexico notary stamp once you receive your commission certificate.
- Submit an impression of the new notary stamp to the secretary of state within 45 days of receiving your commission certificate.
The notary public is not required to re-take the notary training and examination (if taken after 01/01/2022) if the following criteria are met:
- The secretary of state has a record that the notary public has previously passed the required notary education course and examination.
- The applicant’s commission has not expired for more than one year.
Note: The secretary of state will send you a notice one month before the expiration of your notary commission.
For instructions on how to use the online filing system, you may view the Notary Public Online Filing Help guide on the secretary of state’s website.
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.
Office of the Secretary of State
Business Services
Notary Division
New Mexico Capitol Annex North
325 Don Gaspar, Suite 300
Santa Fe, NM 87501
(505) 827-3600 or (800) 477-3632
Email: Business.Services@state.nm.us
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.
Is notary training or an exam required to become a notary or to renew a notary commission in New Mexico?
Yes. New Mexico state law requires first-time 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.
How much does it cost to become a notary public in New Mexico?
The cost to become a notary public in New Mexico includes:
- A $30 application fee for processing your notary application.
- A fee to have the notary application and notary bond notarized.
- A four-year, $10,000 notary bond. Click here to view our New Mexico notary bond price.
- The cost of the mandatory course and examination.
- An official notary stamp. Click here to view our notary stamp prices.
- A notary journal. Click here to view our notary journal prices.
- An errors and omissions (E&O) insurance policy (optional) to protect yourself if you are sued for unintentional mistakes or if a false claim is filed against you. Click here to view our policy premiums and coverage amounts.
Do I need a notary errors and omissions (E&O) insurance policy to become a notary in New Mexico?
A notary errors and omissions insurance policy 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 errors and omissions insurance policy. This insurance protects you if a client sues you as a notary. A notary errors and omissions insurance policy covers unintentional notarial mistakes and pays for legal fees and damages based on the coverage a New Mexico notary public selects.
You can order a New Mexico notary errors and omissions insurance policy online at the American Association of Notaries website.
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. New Mexico notary law requires you to use an official notary stamp every time you notarize a document. New Mexico law defines an “official stamp” as a physical image affixed to or embossed on a tangible record.
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 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.
- Contain the Great Seal of the state of New Mexico.
- Be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated.
Note: The New Mexico notary statute does not provide information on the ink color, shape, and dimensions of a notary seal.
The American Association of Notaries offers quality notary stamps and seals at savings of up to 40% or more compared to the same products elsewhere. Click here to order your New Mexico notary stamp, complete notary package, and other notary supplies.
What are the steps to replace a lost or stolen New Mexico notary seal?
If your official notary stamp is lost or stolen, you must notify the New Mexico Secretary of State within thirty days. The report can be filed online by logging in to your account and filing an amendment on the secretary of state’s website. You can include a copy of a relevant police report if applicable.
After you have reported your stamp lost or stolen, you must replace your stamp and file a new stamp registration online by logging in to your account on the secretary of state’s website.
For instructions on how to use the online filing system, you may view the Notary Public Online Filing Help guide on the secretary of state’s website.
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.
- Technology fee for acts performed electronically: not to exceed $25.
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:
- The notary and the person requesting the notarial act agree in advance.
- 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.
Is a notary journal required in New Mexico?
Notary Journal requirements for each type of notarization 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. A notarial officer shall maintain only one journal at a time to chronicle all notarial acts, whether those notarial acts are performed regarding tangible or electronic records; provided that a notarial officer may keep a journal in a tangible medium for tangible records and an electronic journal for electronic records. 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 in compliance with the rules of the secretary of state.
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 the notary profession’s best practices.
The American Association of Notaries offers notary journals in tangible and electronic formats.
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:
- The date and time of the notarial act.
- A description of the record, if any, and type of notarial act.
- 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.
- 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.
- The fee, if any, charged by the notary public.
• For In-Person Electronic Notarizations and Remote Online Notarizations:
- The date and time of the notarial act.
- A description of the record, if any, and type of notarial act.
- 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.
- 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.
- The fee, if any, charged by the notary public.
- The name of the remote online notarization system provider.
What steps should I take if my New Mexico notary journal is lost or stolen?
If a notary public notary journal is lost or stolen, the notary public shall promptly notify the secretary of state by filing an amendment online.
For instructions on how to use the online filing system, you may view the Notary Public Online Filing Help guide on the secretary of state’s website.
How long should I retain my New Mexico notary journal?
A New Mexico notary public must retain their notary journal for ten years after the performance of the last notarial act chronicled, regardless of the status of the notary public’s commission. A current or former notary public may transmit their notary journal to the secretary of state, the state records officer, or a repository approved by the secretary of state.
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.
What type of notarizations are allowed in New Mexico?
New Mexico law allows the following three types of notarizations:
Traditional notarizations – This type of notarization requires the signer and the notary to meet physically in the same room within face-to-face proximity of one another. Traditional notarization involves an individual signing a tangible document with an inked pen and a notary public signing and affixing an inked notary stamp impression to the tangible notarial certificate.
Electronic notarizations (in person) – This type of notarization requires the signer and the notary to meet physically in the same room within face-to-face proximity of one another. However, the notarization is performed on an electronic document using electronic signatures, an electronic notary seal, and an electronic notarial certificate.
Remote online notarizations – The signer appears remotely before an online notary via audio-visual communication technology. The notarization is performed on an electronic document using electronic signatures, an electronic notary seal, and an electronic notarial certificate.
What are the steps to register to perform electronic notarizations in New Mexico?
Currently the New Mexico Secretary of State does not provide instructions on how to register to perform electronic notarizations. We will update this section once the secretary of state drafts rules or publishes information on their website.
For more information regarding registering to perform electronic notarizations, please contact the secretary of state.
What are the steps to become a remote online notary in New Mexico?
To become a remote online notary in New Mexico, you must:
- Hold an existing notary public commission.
- Complete the remote online notary education course and pass the required exam. Click here to take the required RON course and exam.
- 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.
- Print the certificate of completion after passing the exam.
- Complete a Remote Online Notary Application online. The application is an amendment to your current notary public commission.
- Upload a copy of your certificate of completion and a PDF file of the electronic stamp to be used.
- Pay the $75 application fee.
If you do not hold a current notary commission, click here if you would like to apply to perform traditional and remote online notarizations.
For instructions on how to use the online filing system, you may view the Notary Public Online Filing Help guide on the secretary of state’s website.
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. Submit an amendment online by logging in to your account.
For instructions on how to use the online filing system, you may view the Notary Public Online Filing Help guide on the secretary of state’s website.
How do I change my name on my notary commission in New Mexico?
If there is a change to your name on your notary commission, within thirty days you must follow the steps below:
- Obtain a rider from your surety company or other entity that issued your notary bond.
- Purchase a new notary seal.
- Submit an amendment online with the secretary of state.
- Pay the $3 filing fee.
For instructions on how to use the online filing system, you may view the Notary Public Online Filing Help guide on the secretary of state’s website.
Revised:
January 2024
Legal disclaimer: The information provided on this page is for general informational purposes only and should not be relied upon as legal advice. We do not claim to be attorneys and we do not guarantee the accuracy, completeness, or reliability of the information provided. You should always seek the advice of a licensed attorney for any legal matters. It is your responsibility to know the appropriate notary laws governing your state. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, losses, damages, or expenses, howsoever arising, including, and without limitation, direct or indirect loss, or consequential loss, out of or in connection with the use of the information contained on any of the American Association of Notaries website pages. Notaries are advised to seek the advice of their state’s notary authorities or attorneys if they have legal questions.
New Mexico notary bonds and errors and omissions insurance policies provided by this insurance agency, the American Association of Notaries, Inc., are underwritten by Western Surety Company (established 1900). Kal Tabbara is a licensed insurance agent in New Mexico.