New Mexico Frequently Asked Questions
The following are the most common questions asked by our New Mexico customers. However, if your question is not listed below feel free to contact us to receive an answer to your question.
Are notaries licensed like other professionals?
No. Notaries are public officers and are appointed and commissioned by the Secretary of State's office.
What is the purpose of a notary public?
A notary public is a person of integrity who is appointed to act as an impartial witness to the signing of an important transaction and to perform a notarial act, which validates the transaction. A notary’s primary purpose is to prevent fraud and forgery by requiring the personal presence of the signer and satisfactorily identifying the signer.
What do I do if my order has not shown up on time?
Please contact our Customer Care Team at 800.821.0831.
When can I expect to receive my purchase?
You can usually expect your order to arrive within 5 to 7 business days after it ships. However, please allow up to 12 business days for any carrier delays.
How do I pay for my order?
Notary Public of America accepts Visa, MasterCard, American Express, and Discover credit cards. We also accept check and money orders by mail.
Am I able to track my order?
You may track the progress of your order on your 'My Account' page. We will show the status of your order from the time it is processed to the time it is shipped. Tracking information is available on orders with standard shipping.
May I pay extra for express delivery?
Yes. Please contact our Customer Care Team 800.821.0831.
May I cancel or change my order?
This will depend on how far down the process your order has gone. We try to get orders processed as soon as we can, so if your order is listed as “shipped” on your account page it is too late to edit or cancel. If you think you have made a mistake with your order, please contact our Customer Care Team at 800.821.0831. We will see if there is something we can do to help.
Can I get a refund?
Please contact our Customer Care Team at 800.821.0831 if you are not happy with your order. Once we know what the problem is, we will let you know how we can help.
Will you share my contact information with others?
Absolutely not. For more information, please read our Privacy Policy.
Do you keep my information?
We do save some of your information, such as your name, email, address, and order number. We do NOT store your payment details. For more information, please read our Privacy Policy.
How secure is my payment?
Security is Notary Public of America’s highest priority. We use the most up-to-date security for the application and payment pages. In addition, we do not store any of your credit card information.
What is a notary bond?
The notary bond is a type of surety bond issued by an approved surety company to protect the public against any wrongdoing on the part of the notary. The surety company guarantees to the public that you, as a notary public, will perform your duties in accordance with the law, and if you do not, the company will pay any damages caused by the incorrect notarization up to the amount of the bond.
What amount of bond is required for New Mexico?
The law requires bond in the amount of $10,000.
What type of notary seal is required?
The official seal for New Mexico notaries is the rubber stamp. The stamp must be in 10-point font and include the words "State of New Mexico" and "Notary Public." It must also have your name as it appears on your commission certificate, your notary commission number, and the expiration date of your commission.
May I use a metal embosser seal?
The official seal is a rubber stamp. However, you may use an embossing seal in addition to the rubber notary stamp, but not in place of it. Notary Public Underwriters offers both seals in several styles, all of which comply with New Mexico law. If you frequently notarize out-of-state or international documents, you may want to purchase an embosser seal, which is readily accepted as the notary standard around the world.
What should I do if my seal is lost or stolen?
If your seal is lost, stolen, damaged, or can't make a clear impression, you must notify the Secretary of State within 30 days. Send or deliver a written letter to the Secretary of State regarding the situation. Include a copy of any relevant police report, if applicable. You also need to send an impression of your new or replacement seal.
Do I have any liability as a notary?
Yes. The public counts on notaries to perform their duties properly. By making an error on a notarization, you could cause someone to lose their property or be responsible for a multi-million dollar transaction being voided. As a result, a court could find you liable for the loss and enter a judgment against you. Most bond companies demand repayment if they pay a claim against you. In addition, whatever your bond does not pay, you would be liable for.
How do I limit my liability?
Know and follow New Mexico's notary laws, take responsibility for your own notary education, keep informed about law changes, never make any exceptions for anyone, use reasonable care and common sense in performing your duties, carry Errors & Omissions Insurance and keep a record book.
Am I required to keep a record of my notarial acts?
Yes. New Mexico law requires all notaries to maintain a record of every notarial act performed. The record book must be retained for ten (10) years after the performance of the last notarial act chronical, regardless of status of the notary public's commission.
If a notary's record book is lost or stolen, the notary must promptly notify the Secretary of State's office.
Why should I keep a record book?
Record books are an inexpensive way to keep a record of every notarization you perform. There are several advantages, including:
--A record book can serve as a reminder of the steps of notarization.
--A record book may protect you against a claim of negligence or impropriety.
--A record book may help prove you notarized a document when there is a question about your signature or when the notarial certificate is destroyed or marred in some way.
--A record book can refresh your memory about a notarization you do not recall.
--A record book is reliable as evidence in court if you have to testify about a notarization.
--A record book not only protects you, but may also protect your customer and your employer.
What must I do if I change my address?
Yes. You must notify the Secretary of State within 30 days any time there is a change in your address. Visit https://www.sos.nm.gov/notary-and-apostille/notary-commissions/notary-forms/ to electronically file the change. Do not forget to notify Notary Public of America, so we can stay in touch with you.
Do I notify the state of a name change?
Yes. New Mexico law requires you to notify the Secretary of State's office within 30 days of the change. If Notary Public of America is your bond agency, please request a name change application form. The cost is $43.95 which includes the cost of the bond rider to your notary bond and a new notary stamp. You may call us at (800) 821-0831 or email your request. Once you have the new stamp and bond rider, you will need to file the amendment in the Secretary of State's online portal. Please do not hesitate to contact us with any questions.
What does it mean to "notarize a signature"?
“Notarize a signature” is a generic phrase used when administering an oath or taking an acknowledgment, the two most common notarial acts.
What notarial acts am I authorized to perform?
The authorized duties for New Mexico notaries are taking acknowledgments, administering oaths or affirmations, taking verification on oath or affirmation (jurat), witnessing or attesting a signature, certifying or attesting a copy and noting a protest of a negotiable instrument.
How do I administer an oath for a document?
Assuming the document is ready for notarization and the signer has been satisfactorily identified and is willing to sign the document, you administer the oath by asking a simple question, “Do you solemnly swear the information contained in this document is the truth, so help you God?” For an oath, you must witness the person signing the document.
What do I do if a signer objects due to religion?
A legal alternative to an oath is an affirmation. Ask the question: “Do you solemnly affirm under the penalties of perjury that the information contained in this document is the truth?”
How do I take an acknowledgement?
Assuming the document is ready for notarization and the signer has been satisfactorily identified and is willing to sign the document, you take the signer’s acknowledgement by asking a simple question: “Do you acknowledge and declare this is your signature, you understand this document, and you willingly signed the document for the purposes stated herein?”
What is the venue?
"State of New Mexico, County of _______"
This notation is called the venue. It is the location of the notarization - not the county where you live or work.
What are the steps for performing a notarization?
Follow these general steps for every notarization you perform:
1. Require the personal appearance of the document signer. Never make an exception!
2. Examine the document to ensure it is complete and contains a properly formatted notarial certificate.
3. Identify the signer, either through your personal acquaintance of the individual or some type of satisfactory evidence, such as a valid driver’s license, passport, or another form of acceptable identification listed in the notary law.
4. Enter the transaction into your record book. Although the law does not require it, the Governor’s Office recommends you keep an official record of all your notarial acts.
5. Perform the notarization ceremony. You must communicate verbally with the signer to perform the notarial act. The person usually signs the document at this point.
6. Complete the notarial certificate. Make sure the information is correct and complete. Do not forget to sign and seal the certificate.
May I notarize the signature of a blind person?
Yes. But only if you first read the document to the person and you feel sure about the person’s understanding and willingness to sign.
May I notarize my own signature?
No. Notarizing your own signature is not permitted. Violation of this prohibition is a misdemeanor, and you may be subject to a fine, imprisonment, or both.
Can I perform a notarization for a family member?
New Mexico law states you may not notarize a document where you or your spouse or domestic partner is a party or in which you or your spouse has a direct beneficial interest. The law is silent on other family members. However, most notary authorities agree notaries must NOT notarize for any of their family members. You would compromise your role as an impartial witness and may jeopardize the validity of an important transaction.
May I perform a notarization when I am a party?
No. If you are a party to the transaction or if you have a financial interest in the transaction, you may NOT be the notary for this transaction. You would be violating New Mexico notary law, and will be guilty of a misdemeanor and be subject to a fine, imprisonment, or both.
May I assist a client with legal documents?
No, not unless you are an attorney licensed to practice law in New Mexico. Furthermore, you may not explain the contents of a document or give any advice about the document. If you do, you may be found guilty of the unauthorized practice of law.
May I help a friend fill out immigration papers?
No. Only attorneys or qualified immigration specialists may perform these duties.
Can I notarize a photograph?
No. This is not an authorized duty of a notary. An alternative would be to notarize the signature of a person who is willing to certify the authenticity of the photograph in a sworn statement.
What happens if a notarization has cost me money?
You may file a claim against the notary's bond.
How do I file a claim against a notary's bond?
A bond is required by the State to be available in order to compensate any individual harmed as a result of a breach of duty by the notary. Individuals harmed can file a claim against the notary's bond for financial damage.
Claims may occur due to signatures which are forged, incomplete, or otherwise defective in real estate transactions, motor vehicle transfers, and cases where the validity or date of a document may be an issue.
In order to file a claim against a notary bonded through our company you will need to submit the following:
- Copy of improperly notarized document
- Proof of error or fraud by notary
- Letter stating the amount of financial damage or loss caused by the notarization
Please send the above information to:
Claims Department
Notary Public Underwriters
P.O. Box 7457
Tallahassee, FL 32314-7457
Or fax to:
877-856-1663
Attn: Claims Department
Who do I contact to check on the status of a claim?
For all questions regarding the status of your filed claim, please contact CNA Surety at 800.331.6053.
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