N.M. Admin. Code § 12.9.4.8

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

Section 12.9.4.8 - REMOTE ONLINE NOTARIZATION APPLICATION REQUIREMENTS

A. A notarial officer must submit an application to perform remote online notarizations (RON) on a form prescribed by the secretary of state and receive approval from the secretary of state before the notarial officer may remotely notarize a record. The notarial officer shall provide:

(1) the name of all remote online notarization systems approved for use by the secretary of state the notarial officer intends to use;

(2) a copy of any necessary instructions or techniques supplied by a remote online notarization system provider that allow the notarial officer's signature and official stamp to be read and authenticated;

(3) an explanation of the methods and technology by which the notarial officer will maintain and store the required journal, if applicable, and audio video recording;

(4) proof of having successfully completed an approved training course and passing the required examination. If the secretary of state has a record that a commissioned notary public applying for renewal has previously passed the required examination, a commissioned 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 RONs, as determined by the secretary of state, since the effective date of applicant's last application date; and

(5) a non-refundable application fee of $75.

B. An individual applying for authorization to perform RONs shall already be a current notarial officer pursuant to Section 14-14A-9 or Section 14-14A-20 NMSA 1978 or an individual may simultaneously apply to be commissioned as a notary public with authorization to perform RONs.

C. The secretary of state shall issue an approval authorizing the notarial officer to perform RONs when the secretary of state determines that the applicant has met the qualifications. Within 45 days of receiving authorization to perform RONs from the secretary of state, the notarial officer shall provide a copy of the applicant's official electronic stamp to the secretary of state along with the form prescribed by the secretary of state. The applicant's official electronic stamp must be received by the secretary of state prior to the notarial officer performing a RON. Failure to provide this information shall result in a referral to the State Ethics Commission.

D. The expiration date for a notary public authorized to perform RONs shall be the commission expiration date established when an individual is commissioned as a notary public pursuant to Section 14-14A-20 NMSA 1978.

E. If at any time a notarial officer authorized to perform RONs adopts a new remote online notarization system provider, the notarial officer must notify the secretary of state of the new system and provider on a form prescribed by the secretary of state.

F. The renewal of the commission of a notary public who has previously been authorized to perform RONs under this section constitutes renewal of the notary public's qualification without the necessity to submit another application under this section, and the renewal fees shall be the same as that to renew a notary public commission unless the applicant's commission has been expired for more than one year. If an applicant's commission has been expired for more than one year, the applicant must complete the application for authorization to perform RONs and pay the required application fee as prescribed by this section.

N.M. Admin. Code § 12.9.4.8

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