2019 New Mexico Statutes
Chapter 14 - Records, Rules, Legal Notices, Oaths
Article 12A - Notary Public
Section 14-12A-7 - Powers and prohibitions.

A. A notary public is empowered to perform the following notarial acts:

(1) acknowledgments;

(2) oaths and affirmations;

(3) jurats;

(4) copy certifications; and

(5) any other act so authorized by the law of this state.

B. A notary public shall not perform a notarial act if the principal:

(1) is not in the notary public's presence at the time of notarization;

(2) is not personally known to the notary public or identified by the notary public through satisfactory evidence of identity;

(3) shows a demeanor that causes the notary public to have a compelling doubt about whether the principal knows the consequences of the transaction requiring a notarial act; or

(4) in the notary public's judgment, is not acting of his own free will.

C. A notary public may certify the affixation of a signature by mark on a document presented for notarization if:

(1) the mark is affixed in the presence of the notary public and of two credible witnesses unaffected by the document;

(2) both witnesses sign their own names beside the mark;

(3) the notary public writes below the mark: "Mark affixed by (name of signer by mark) in presence of (names of witnesses) and undersigned notary public pursuant to Subsection C of Section 7 [14-12A-7 NMSA 1978] of the Notary Public Act"; and

(4) the notary public notarizes the signature by mark through an acknowledgment or jurat.

D. A notary public may sign the name of a person physically unable to sign or make a mark on a document presented for notarization if:

(1) the person directs the notary public to do so in the presence of two credible witnesses unaffected by the document;

(2) the notary public signs the person's name in the presence of the person and the witnesses;

(3) both witnesses sign their own names beside the signature;

(4) the notary public writes below the signature: "Signature affixed by notary public in the presence of (names and addresses of person and two witnesses) pursuant to Subsection D of Section 7 [14-12A-7 NMSA 1978] of the Notary Public Act"; and

(5) the notary public notarizes the signature through an acknowledgment or jurat.

History: Laws 2003, ch. 286, § 7.

Effective dates. — Laws 2003, ch. 286, § 28 Laws 2003, ch. 286, § 7 effective July 1, 2003.

Notary public may administer oath in another county. — A notary public appointed in one county is authorized to administer an oath for verification of felony information in another county in this state. State v. Parker, 1930-NMSC-004, 34 N.M. 486, 285 P. 490.

Taking of acknowledgments. — The duties performed by an officer in taking an acknowledgment in this state are ministerial in character rather than judicial. Garcia v. Leal, 1924-NMSC-078, 30 N.M. 249, 231 P. 631.

Impeachment. — A certificate of acknowledgment duly executed as required by law is prima facie evidence of execution of the instrument it acknowledges, and should be impeached only by clear and convincing evidence. Garcia v. Leal, 1924-NMSC-078, 30 N.M. 249, 231 P. 631.

Authority "anywhere in the state". — This section reflects the clear intent of the legislature to provide for the appointment of notaries public in each county of the state. Other sections of the act provide that the bond of the notaries shall be filed with the secretary of state, but also provide that through the recording of the commissions, seals, signatures and bonds, each county clerk shall have a record of qualified notaries resident in his county. Certainly there is nothing which abrogates the unequivocal language in this section that each notary shall have authority "anywhere in the state" to perform his duties. 1953 Op. Att'y Gen. No. 53-5659.

Name of county. — The blank space before the wording "County of . . . . . . .." which is to be filed by a notary should contain the name of the county where he is taking the acknowledgment and not the name of the county where his commission as a notary is recorded. 1955 Op. Att'y Gen. No. 55-6228.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 58 Am. Jur. 2d Notaries Public §§ 12, 13, 27 to 30, 33 to 38.

Measure of damages for false or incomplete certificate by notary public, 13 A.L.R.3d 1039.

Liability of notary public or his bond for negligence in performance of duties, 44 A.L.R.3d 555.

66 C.J.S. Notaries § 6.