N.M. Admin. Code § 12.9.3.15

Current through Register Vol. 35, No. 23, December 10, 2024

Section 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. 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.

D. A former employer may retain a copy of a notary public's journal, but it shall be clearly marked as a copy.

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.

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.

N.M. Admin. Code § 12.9.3.15

Adopted by New Mexico Register, Volume XXXII, Issue 22, November 30, 2021, eff. 1/1/2022, Amended by New Mexico Register, Volume XXXIV, Issue 11, June 13, 2023, eff. 6/16/2023