N.M. Admin. Code § 12.9.4.10

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

Section 12.9.4.10 - PERFORMANCE OF REMOTE ONLINE NOTARIAL ACTS

A. A notarial officer authorized to perform RONs must be physically located in New Mexico at the time the notarial act takes place.

B. A notarial officer authorized to perform RONs may perform authorized notarial acts relating to electronic records only if the individual personally appears before the notarial officer at the time of the notarization by means of communication technology.

C. A notarial officer authorized to perform RONs may make a reasonable determination regarding whether an individual is under duress or being coerced to complete a transaction. The notarial officer may:

(1) observe the individual's behavior for signs of being nervous, fearful, hesitant, distracted, distraught or uncomfortable;

(2) observe the surroundings and watch the behavior of others in the room who seem to make the individual uncomfortable;

(3) request to speak privately with the individual; and

(4) ask direct questions such as "are you signing this record of your own free will?"

D. A notarial officer may refuse to perform a notarial act if the notarial officer has reasonable grounds to believe that the individual is acting under coercion or undue influence.

E. A notarial officer authorized to perform RONs shall verify the identity of the individual at the start of an online notarial session by means of communication technology. Identity shall be verified by the notarial officer pursuant to Section 14-14A-6 NMSA 1978 or 12.9.4.11 NMAC.

F. A notarial officer shall not base identification merely on familiarity with an individual's signature or an electronic verification process that authenticates the individual's electronic signature without the individual personally before the notarial officer by two-way audio and video communication technology.

G. A notarial officer authorized to perform RONs shall refuse to complete the notarial act if the notarial officer:

(1) is unable to verify the identity of the individual in compliance with these rules:

(2) becomes aware that communication technology is not secure;

(3) determines the signature of the individual cannot be attached to the electronic record; or

(4) cannot attach the notarial officer's electronic stamp to the electronic record using technology that renders any subsequent change or modification to the record evident.

H. The notarial officer shall complete and affix or attach the officer's signature and official stamp to the electronic notarial certificate. The electronic notarial certificate shall meet the requirements of Subsection A of Section 14-14A-14 NMSA 1978.

N.M. Admin. Code § 12.9.4.10

Adopted by New Mexico Register, Volume XXXII, Issue 22, November 30, 2021, eff. 1/1/2022