Current through 2024, ch. 69
Section 14-14A-14 - Certificate of notarial actA. A notarial act shall be evidenced by a certificate. The certificate shall: (1) be executed contemporaneously with the performance of the notarial act;(2) be signed and dated by the notarial officer in the same manner as on file with the secretary of state;(3) identify the jurisdiction in which the notarial act is performed;(4) contain the title of office of the notarial officer;(5) if the notarial officer is a notary public, indicate the notary public's commission number and the date of expiration of the notarial officer's commission; and(6) if the notarial officer is an automatic notarial officer:(a) identify the judicial district or area served if the notarial officer is a judicial officer;(b) identify the county served if the notarial officer is a county clerk or deputy county clerk; and(c) identify the state bar number if the notarial officer is an attorney but is not performing a notarial act pursuant to Subparagraph (a) or (b) of this paragraph and is not a judge.B. If a notarial act regarding a tangible record is performed by a notary public, an official stamp shall be affixed to or embossed on the certificate. If a notarial act is performed regarding a tangible record by an automatic notarial officer and the certificate contains the information specified in Paragraphs (2), (3), (4), (5) and (6) of Subsection A of this section, an official stamp shall be affixed to or embossed on the certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in Paragraphs (2), (3), (4), (5) and (6) of Subsection A of this section, an official stamp shall be attached to or logically associated with the certificate.C. A certificate of a notarial act is sufficient if it meets the requirements of Subsections A and B of this section and:(1) is in a short-form set forth in Section 14-14A-15 NMSA 1978;(2) is in a form otherwise permitted by the laws of this state;(3) is in a form permitted by law applicable in the jurisdiction in which the notarial act was performed; or(4) sets forth the actions of the notarial officer, and the actions are sufficient to meet the requirements of the notarial act as provided in Sections 14-14A-4 through 14-14A-6 NMSA 1978 or law of this state other than the Revised Uniform Law on Notarial Acts.D. By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in Sections 14-14A-4 through 14-14A-6 NMSA 1978.E. A notarial officer shall not affix the officer's signature to, or logically associate it with, a certificate until after the notarial act has been performed.F. If a notarial act is performed regarding a tangible record, a certificate shall be part of, or securely attached to, the record. If a notarial act is performed regarding an electronic record, the certificate shall be affixed to, or logically associated with, the electronic record. If the secretary of state has established standards pursuant to Section 14-14A-26 NMSA 1978 for attaching, affixing or logically associating the certificate, the process shall conform to the standards.Amended by 2023, c. 110,s. 12, eff. 6/13/2023.Added by 2021, c. 21,s. 16, eff. 1/1/2022.