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In-Person Paper/Electronic Notarizations

Am I required by law to maintain a notary journal in New Mexico?

Yes

“A notary public in this state shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs” (NMSA 14-14A-18[A]).

Journal format

Paper/hardbound or electronic journal acceptable

 

“A journal may be created on a tangible medium or in an electronic format” (NMSA 14-14A-18.B).

 

Tangible Journal: “If the journal is maintained on a tangible medium, it must be a permanent, bound register with numbered pages” (NMSA 14-14A-18.B).

 

Electronic Journal: “ If the journal is maintained in an electronic format, it must be in a permanent, tamper-evident electronic format complying with the rules of the secretary of state” (NMSA 14-14A-18.B).

 

“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” (NMAC 12.9.3.15.F[1]).

 

“Entries from the electronic journal must be available to the public or the state ethics commission in a PDF format” (NMAC 12.9.3.15.F[2]).

 

"If an electronic journal is turned over to the secretary of state or the state records officer, it shall be transferred in PDF format” (NMAC 12.9.3.15.F[3]).

Journal entry requirements

“An entry in a journal must … contain the following information:

  • (1) the date and time of the notarial act;

  • (2) a description of the record, if any, and type of notarial act;

  • (3) the full name and address of each individual for whom the notarial act is performed;

  • (4) if identity of the individual is based on personal knowledge, a statement to that effect;

  • (5) if identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of any identification credential; and

  • (6) the fee, if any, charged by the notary public” (NMSA 14-14A-18.C).

Journal retention

10 years

 

“The notary public shall retain the journal for ten years after the performance of the last notarial act chronicled in the journal” (NMSA 14-14A-18.A).

What happens to the journal upon resignation or death?

“On resignation from, or the revocation or suspension of, a notary public’s commission, the notary public shall retain the notary public’s journal in accordance with Subsection A of this section and inform the secretary of state of where the journal is located” (NMSA 14-14A-18.F)

 

“Instead of retaining a journal as provided in Subsections A and F of this section, a current or former notary public may transmit the journal to the secretary of state, the state records officer or a repository approved by the secretary of state” (NMSA 14-14A-18.G).

 

“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” (NMAC 12.9.3.15.D).

 

“On the death or adjudication of incompetency of a current or former notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the journal shall transmit the journal to the secretary of state, the state records officer or a repository approved by the secretary of state” (NMSA 14-14A-18.H).

Remote Online Notarizations

Is Remote Online Notarization (RON) approved in the State of New Mexico?

Yes, notaries in the State of New Mexico are authorized to perform remote online notarizations

Do I have to record the Remote Online Notarization session?

Yes, a Notary Public who performs notarial acts with respect to remotely located individuals, or a person acting on behalf of the Notary, must create an audio-visual recording of the performance of each such notarial act (NMSA 14-14A-5.C[3]).

What is the retention period for RON recordings?

10 years

 

“Unless a different period is required by rule adopted pursuant to Paragraph (4) of Subsection H of this section, the recording must be retained for a period of at least ten years after the recording is made” (NMSA 14-14A-5.F).

Do I have to log RON sessions in a journal?

Yes

 

“A notarial officer authorized to perform [remote online notarizations] shall adhere to the rule on journals pursuant to 12.9.3.16 NMAC” (NMAC 12.9.4.15.A).

Journal format

Paper/hardbound or electronic journal acceptable

 

“A journal may be created on a tangible medium or in an electronic format” (NMSA 14-14A-18.B).

 

Tangible Journal: “If the journal is maintained on a tangible medium, it must be a permanent, bound register with numbered pages” (NMSA 14-14A-18.B).

 

Electronic Journal: “ If the journal is maintained in an electronic format, it must be in a permanent, tamper-evident electronic format complying with the rules of the secretary of state” (NMSA 14-14A-18.B).

 

“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” (NMAC 12.9.3.15.F[1]).

 

“Entries from the electronic journal must be available to the public or the state ethics commission in a PDF format” (NMAC 12.9.3.15.F[2]).

 

"If an electronic journal is turned over to the secretary of state or the state records officer, it shall be transferred in PDF format” (NMAC 12.9.3.15.F[3]).

Journal entry requirements

“An entry in a journal must … contain the following information:

  • (1) the date and time of the notarial act;

  • (2) a description of the record, if any, and type of notarial act;

  • (3) the full name and address of each individual for whom the notarial act is performed;

  • (4) if identity of the individual is based on personal knowledge, a statement to that effect;

  • (5) if identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of any identification credential; and

  • (6) the fee, if any, charged by the notary public” (NMSA 14-14A-18.C).

RON recordings upon death

“On the death or adjudication of incompetency of a current or former notarial officer, the notarial officer's personal representative or guardian or any other person knowingly in possession of an audiovisual recording shall:

  • (1) comply with the retention requirements of this section;

  • (2) transmit the recording to one or more repositories pursuant to Subsection C below; or

  • (3) transmit the recording on a data storage device to the secretary of state on an open file format that can be accessed and read by the secretary of state” (NMAC 12.9.4.14.B).

Reference Links

Helpful resources for New Jersey Notaries

  1. New Jersey Notary Handbook

  2. State of New Jersey Notary Website

  3. “A Notary’s Guide to Completing Journal Entries”

Disclaimer

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser

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