N.M. Admin. Code § 12.9.4.13

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

Section 12.9.4.13 - ELECTRONIC SIGNATURE AND STAMP

A. A notarial officer authorized to perform RONs shall use the same electronic signature and electronic official stamp for all electronic notarial acts. A copy of the official stamp shall be provided to the secretary of state within 45 days of being authorized by the secretary of state to perform RONs and prior to the first RON being performed.

B. A notarial officer shall select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notarial officer to use a technology that the notarial officer has not selected. The tamper-evident technology must be capable of:

(1) affixing or attaching the notarial officer's electronic signature to the electronic record in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic record evident; and

(2) utilizing a valid digital certificate issued by a third-party provider that uses public key infrastructure (PKI) technology that is X.509 compliant or higher. A notarial officer shall not perform a notarial act with respect to an electronic record if the digital certificate:

(a) has expired;

(b) has been revoked or terminated by the issuing or registering authority;

(c) is invalid; or

(d) is incapable of authentication.

C. The remote notarial officer's electronic signature and official stamp must be retained under the notarial officer's sole control and access. A notarial officer's employer must not permit the use of a notarial officer's electronic signature or official stamp by anyone except the notarial officer.

N.M. Admin. Code § 12.9.4.13

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