New Mexico Register / Volume XXXIV, Issue 11 / June 13, 2023
This is an amendment to
12.9.3 NMAC, Sections 7, 8, 10, 14, 15 and 16, effective 6/16/2023.
12.9.3.7 DEFINITIONS:
A. “County
clerk duties” means the official duties performed
by the county clerk or deputy county clerk as determined by the county clerk [pursuant
to Paragraph (4) of Subsection A of Section 14-14A-9 NMSA 1978].
B. “Deputy
county clerk” means a person authorized by the
county clerk to be a deputy county clerk and who has taken an oath of office.
C. “Electronic
record” means a record as defined pursuant
to Subsection 7 of Section 14-16-2 NMSA 1978 and includes but is not limited toa
PDF or Microsoft Word file.
D. “In-person
electronic notarization” means that
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.
[E. “Notary
seal” means official stamp and the terms
may be used interchangeably.
F.] E. “Remote online notarization (RON)” means that an electronic record is presented for
notarization and the individual signing the record and the notary public meet
face-to-face online and communicate using communication technology.
[G.]
F. “Tamper
evident” means any change to the record provides evidence of the change.
[H.]
G. “Tangible copy”
means a physical paper copy of an electronic record or tangible record.
[I.]
H. “Tangible record”
means a physical paper record with an original written signature.
[12.9.3.7 NMAC - N, 1/1/2022; A. & Rn., 6/16/2023]
12.9.3.8 APPLYING FOR OR RENEWING A NOTARY PUBLIC COMMISSION:
A. A
person applying for or renewing a notary public commission shall apply electronically
or by paper application using the prescribed application form issued by the
secretary of state. An applicant shall use
the applicant’s name as it appears on the applicant’s state issued
identification. In addition to meeting
the requirements pursuant to Subsection B of Section 14-14A-20 NMSA 1978, the
applicant shall provide:
(1) proof of
having successfully completed an approved training course and passing the
required examination. If the secretary of state has a record that a notary
public applying for renewal has previously passed the required examination, a
notary public applying for renewal is not required to re-take the training and
examination unless:
(a) the
applicant’s commission has expired for more than one year; or
(b) there
have been substantial changes to the statutes or rules pertaining to notarial
procedures, as determined by the secretary of state, since the applicant’s last
application date; and
(2) a true and complete copy of a surety
bond pursuant to Subsection D of Section 14-14A-20 NMSA 1978. The surety bond shall contain the applicant’s
notarized signature listed as the principal or sole applicant;
(3) executed oath of office using the
prescribed form issued by the secretary of state pursuant to Subsection C of
Section 14-14A-20 NMSA 1978 notarized by a notarial officer; and
(4) a non-refundable application fee of
$30.
B. The secretary of state shall issue a
notary public certificate of commission containing the notary public’s
commission number and term expiration date to the applicant once the secretary
of state determines:
(1) that
the applicant has met the qualifications to be commissioned as a notary public;
(2) that
the name on the bond, on the application, and the signatures on those documents
are the same; and
(3) the
applicant has not previously had a notary public commission denied or revoked.
C. Within
45 days of receiving the notary public commission and prior to the notary
public performing his or her first notarial act, the notary public shall provide
a copy of the applicant’s official stamp to the secretary of state. A notary public will be deemed
non-compliant with the act upon failure to provide this information. Failure
to [provide this information] comply with this rule shall result in
a referral to the state ethics commission.
D. A notarial officer may apply and
must receive approval before conducting remote online notarizations pursuant to
12.9.4.8 NMAC.
E. The notary public is required to maintain
the notary public’s current name, contact information, and signature and official
stamp on file with the secretary of state by submitting the form prescribed by
the secretary of state within 30 days of the change of information. An amended certificate of commission will be
issued upon notification of a name change and the notary public shall be
required to obtain a new official stamp showing the updated information.
[12.9.3.8 NMAC - N, 1/1/2022; A. 6/16/2023]
12.9.3.10 EDUCATION AND EXAMINATION PROCEDURES:
A. The
secretary of state shall provide regular training and administration of an
examination pursuant to Subsection B of Section 14-14A-21 NMSA 1978. Training may be provided by the secretary of
state or through any third-party training vendor approved by the secretary of
state.
B. The
fee for providing the training and examination is not included in the
application fee collected pursuant to 12.9.3.8 NMAC.
C. [An] A notary public applicant and an automatic
notarial officer shall provide proof of passing the required examination
with a score of eighty percent or higher.
D. Examination
records maintained by third-party vendors, including the applicant’s score,
shall be retained for five years.
[12.9.3.10 NMAC - N, 1/1/2022; A. 6/16/2023]
12.9.3.14 OFFICIAL STAMP:
A. The
official stamp of a commissioned notary public shall conform to the
requirements pursuant to Section 14-14A-16 NMSA 1978 and shall also include the
words “Notary Public” and “State of New Mexico.”
B. The
official stamp of a notarial officer that is not a commissioned notary public
shall conform to the requirements pursuant to Section 14-14A-16 NMSA 1978 and
shall also include the words “Notarial Officer” and “State of New Mexico.”
C. The
official stamp shall conform to the following requirements:
(1) be 10-point type;
(2) if the stamp is affixed to a tangible
record, it shall be applied in permanent ink and shall be capable of being
photocopied; and
[(3) the official stamp shall not contain
the New Mexico state seal.]
(3) include the notarial officer’s
official notary seal, as defined
in Subsection L of 14-14A-2 NMSA 1978.
D. If the notarial officer is
authorized to perform remote online notarizations, the official stamp shall
also conform to the requirements set forth in Section 12.9.4.13 NMAC.
[12.9.3.14 NMAC - N, 1/1/2022; A. 6/16/2023]
12.9.3.15 JOURNAL:
A. A
notary public shall maintain a journal to sequentially chronicle all notarial
acts pursuant to Section 14-14A-18 NMSA 1978.
B. A current or former notary public
shall store the journal in a secure location under the notary public’s sole
control unless a current or former notary public transmits the journal to the
secretary of state or state records officer.
[C. A notarial officer shall provide a
copy of a requested journal entry or audiovisual recording related to a
specified notarial act to a member of the public upon request pursuant to
Section 14-14A-29 NMSA 1978. The request
shall name the subject of the record and the date the notarial act was
performed.
D.] C. If a current or former notary public
transmits the journal to the state records officer, the notary public shall
notify the secretary of state by submitting the prescribed form within 30 days.
[E.]
D. A former employer may
retain a copy of a notary public’s journal, but it shall be clearly marked as a
copy.
[F.]
E. Electronic journal.
(1) If the journal is maintained in an
electronic format, it shall meet all the requirements of a tangible journal and
shall be:
(a) securely stored;
(b) recoverable in the event of a
software malfunction or computer crash; and
(c) tamper evident.
(2) Entries from the electronic journal
must be available to the public or the state ethics commission in a PDF format.
(3) If an electronic journal is turned
over to the secretary of state or the state records officer, it shall be transferred
in PDF format.
[G.] F. If a notary public’s journal is lost or stolen, the
notary public shall promptly notify the secretary of state utilizing a form
prescribed by the secretary of state.
[12.9.3.15 NMAC - N, 1/1/2022; A. & Rn., 6/16/2023]
12.9.3.16 RULONA [TRANSITION]:
A. A notarial officer who is not a notary public is not
required to follow the application process prescribed by this rule except
that the automatic notarial officer shall provide proof of having successfully
completed an approved training course and passing the required examination
prior to the notarial officer’s initial notarial act. If a notarial officer desires to be
authorized to conduct remote online notarizations, the notarial officer shall
follow the application procedures pursuant to 12.9.4.8 NMAC.
[B. The
commission expiration date is December 31, 2021, for a notarial officer
authorized to practice law in this state who was commissioned under the
previous Unform Law on Notarial Acts.
C. Within six months of the effective date of this rule, a notary public with a commission date prior
to the effective date of this rule shall upload a copy of the notary public’s
official stamp that conforms to Subsection A of Section 14-14A-16 NMSA 1978 and
12.9.3.14 NMAC.
D.] B. A new automatic notarial officer who is not a notary
public shall upload a copy of the notarial officer’s official stamp to the
secretary of state prior to the notarial officer’s initial notarial act.
C. Within one year of the effective
date of this section of this rule, an existing automatic notarial officer shall
upload a copy of the notarial officer’s official stamp to the secretary of
state and shall provide proof of having successfully completed an approved
training course and passing the required examination.
[12.9.3.16 NMAC - N, 1/1/2022; A. 6/16/2023]