How to become a New Mexico Notary

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
• Be able to 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

To receive a New Mexico notary public commission, a person must follow these steps:

• Meet the eligibility requirements.
• Prior to completing the notary application, purchase a notary seal or stamp with the words “State of New Mexico,” and the impression of the notary seal is required on the application
• Obtain two character references from New Mexico residents. Their signatures and addresses must 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. Download the application form at

http://www.sos.state.nm.us/Business_Services/Notary_Division.aspx

Not permitted.

Required. A $10,000 notary bond is required for new and renewing notaries.

Optional. A notary public is liable to any person for damages that result from his or her official misconduct. The American Association of Notaries strongly recommends that New Mexico notaries public insure themselves against claims of negligence through the purchase of Notary Errors and Omissions insurance.

A $20 filing fee is required for new and renewal notary applications.

Four years.

Statewide.

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

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.

None Required.

Required.

Type – embosser or rubber-inked stamp (rubber stamps cannot have a signature line, and a round rubber stamp is not acceptable)

Ink color – any color as long as the seal can be reproduced by 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 is revoked, or if the notary public resigns, 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. The notary public must also report theft or vandalism to law enforcement.

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 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)

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.

A New Mexico notary public has the authority to:

• Take acknowledgments
• Administer oaths and affirmations
• Perform jurats
• Certify copies of non-recordable documents
• Conduct any other act authorized by state law

Permitted. Effective May 30, 2008, the Secretary of State filed and adopted administrative rules for performing electronic notarial acts pursuant to the enactment of the Uniform Property Electronic Recording Act. (See New Mexico Administrative Rules, Title 12, Chapter 9, Part 2 Sections 12.9.2.1 through 12.9.2.15.) A notary public must submit to the Secretary of State the “Certificate of Course Completion in E-notarization” and a “Notification of Intent to Perform Electronic Notarial Acts Form.” Click here to download the notice of intent to perform electronic notarial acts form: http://www.sos.state.nm.us/uploads/files/e-notarizationform813.pdf.

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.

Upon any change of a notary public’s name, the notary must, within 10 days, submit a name change application to the Secretary of State with a fee of $3 for issuance 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.

A notary public who resigns his or her commission must send a signed notice indicating the effective date of resignation to the Secretary of State. When sending this notice, the notary must use a means that provides a tangible receipt or acknowledgment, such as certified mail or electronic transmission. 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.

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 at the time of the notarization
• 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

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 falsely states 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

Click here to view your state's notarial certificates.