A. A notary public is empowered to perform the following notarial acts:
(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats;
(4) copy certifications; and
(5) any other act so authorized by the law of this state.
B. A notary public shall not perform a notarial act if the principal:
(1) is not in the notary public's presence at the time of notarization;
(2) is not personally known to the notary public or identified by the notary public through satisfactory evidence of identity;
(3) shows a demeanor that causes the notary public to have a compelling doubt about whether the principal knows the consequences of the transaction requiring a notarial act; or
(4) in the notary public's judgment, is not acting of his own free will.
C. A notary public may certify the affixation of a signature by mark on a document presented for notarization if:
(1) the mark is affixed in the presence of the notary public and of two credible witnesses unaffected by the document;
(2) both witnesses sign their own names beside the mark;
(3) the notary public writes below the mark: "Mark affixed by (name of signer by mark) in presence of (names of witnesses) and undersigned notary public pursuant to Subsection C of Section 7 [14-12A-7 NMSA 1978] of the Notary Public Act"; and
(4) the notary public notarizes the signature by mark through an acknowledgment or jurat.
D. A notary public may sign the name of a person physically unable to sign or make a mark on a document presented for notarization if:
(1) the person directs the notary public to do so in the presence of two credible witnesses unaffected by the document;
(2) the notary public signs the person's name in the presence of the person and the witnesses;
(3) both witnesses sign their own names beside the signature;
(4) the notary public writes below the signature: "Signature affixed by notary public in the presence of (names and addresses of person and two witnesses) pursuant to Subsection D of Section 7 [14-12A-7 NMSA 1978] of the Notary Public Act"; and
(5) the notary public notarizes the signature through an acknowledgment or jurat.
A. A notary public is empowered to perform the following notarial acts:
(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats;
(4) copy certifications; and
(5) any other act so authorized by the law of this state.
B. A notary public shall not perform a notarial act if the principal:
(1) is not in the notary public's presence at the time of notarization;
(2) is not personally known to the notary public or identified by the notary public through satisfactory evidence of identity;
(3) shows a demeanor that causes the notary public to have a compelling doubt about whether the principal knows the consequences of the transaction requiring a notarial act; or
(4) in the notary public's judgment, is not acting of his own free will.
C. A notary public may certify the affixation of a signature by mark on a document presented for notarization if:
(1) the mark is affixed in the presence of the notary public and of two credible witnesses unaffected by the document;
(2) both witnesses sign their own names beside the mark;
(3) the notary public writes below the mark: "Mark affixed by (name of signer by mark) in presence of (names of witnesses) and undersigned notary public pursuant to Subsection C of Section 7 [14-12A-7 NMSA 1978] of the Notary Public Act"; and
(4) the notary public notarizes the signature by mark through an acknowledgment or jurat.
D. A notary public may sign the name of a person physically unable to sign or make a mark on a document presented for notarization if:
(1) the person directs the notary public to do so in the presence of two credible witnesses unaffected by the document;
(2) the notary public signs the person's name in the presence of the person and the witnesses;
(3) both witnesses sign their own names beside the signature;
(4) the notary public writes below the signature: "Signature affixed by notary public in the presence of (names and addresses of person and two witnesses) pursuant to Subsection D of Section 7 [14-12A-7 NMSA 1978] of the Notary Public Act"; and
(5) the notary public notarizes the signature through an acknowledgment or jurat.
A. A notary public is empowered to perform the following notarial acts:
(1) acknowledgments;
(2) oaths and affirmations;
(3) jurats;
(4) copy certifications; and
(5) any other act so authorized by the law of this state.
B. A notary public shall not perform a notarial act if the principal:
(1) is not in the notary public's presence at the time of notarization;
(2) is not personally known to the notary public or identified by the notary public through satisfactory evidence of identity;
(3) shows a demeanor that causes the notary public to have a compelling doubt about whether the principal knows the consequences of the transaction requiring a notarial act; or
(4) in the notary public's judgment, is not acting of his own free will.
C. A notary public may certify the affixation of a signature by mark on a document presented for notarization if:
(1) the mark is affixed in the presence of the notary public and of two credible witnesses unaffected by the document;
(2) both witnesses sign their own names beside the mark;
(3) the notary public writes below the mark: "Mark affixed by (name of signer by mark) in presence of (names of witnesses) and undersigned notary public pursuant to Subsection C of Section 7 [14-12A-7 NMSA 1978] of the Notary Public Act"; and
(4) the notary public notarizes the signature by mark through an acknowledgment or jurat.
D. A notary public may sign the name of a person physically unable to sign or make a mark on a document presented for notarization if:
(1) the person directs the notary public to do so in the presence of two credible witnesses unaffected by the document;
(2) the notary public signs the person's name in the presence of the person and the witnesses;
(3) both witnesses sign their own names beside the signature;
(4) the notary public writes below the signature: "Signature affixed by notary public in the presence of (names and addresses of person and two witnesses) pursuant to Subsection D of Section 7 [14-12A-7 NMSA 1978] of the Notary Public Act"; and
(5) the notary public notarizes the signature through an acknowledgment or jurat.
