1. A. A notarial act shall be evidenced by a certificate. The certificate shall:

   1. (1) be executed contemporaneously with the performance of the notarial act;
   2. (2) be signed and dated by the notarial officer in the same manner as on file with the secretary of state;
   3. (3) identify the jurisdiction in which the notarial act is performed;
   4. (4) contain the title of office of the notarial officer;
   5. (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. (6) if the notarial officer is an automatic notarial officer:

      1. (a) identify the judicial district or area served if the notarial officer is a judicial officer;
      2. (b) identify the county served if the notarial officer is a county clerk or deputy county clerk; and
      3. (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.
2. 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.

3. C. A certificate of a notarial act is sufficient if it meets the requirements of Subsections A and B of this section and:

   1. (1) is in a short-form set forth in Section 14-14A-15 NMSA 1978;
   2. (2) is in a form otherwise permitted by the laws of this state;
   3. (3) is in a form permitted by law applicable in the jurisdiction in which the notarial act was performed; or
   4. (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.
4. 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.
5. 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.
6. 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.

History: Laws 2021, ch. 21, § 14; 2023, ch. 110, § 12.

ANNOTATIONS

The 2023 amendment, effective June 16, 2023, provided requirements for a certificate of notarial acts; in Subsection A, Paragraph A(2), after "notarial officer", deleted "and, if the notarial officer is a notary public; be signed", in Paragraph A(6), added "if the notarial officer is an automatic notarial officer", redesignated former Paragraphs A(7) and A(8) as Subparagraphs A(6)(b) and A(6)(c), respectively, in Subparagraph A(6)(a), after "officer is a", deleted "judge, court clerk or deputy court clerk" and added "judicial officer", in Subparagraph A(6)(c), after "but is not", deleted "in a category identified in Paragraph (6) or (7)" and added "performing a notarial act pursuant to Subparagraph (a) or (b)", and after "of this", deleted "subsection" and added "paragraph"; in Subsection B, after "tangible record by", added "an automatic", after "notarial officer", deleted "other than a notary public", after the next two occurrences of "(6)", deleted "and (7)"; in Subsection C, Paragraph C(1), after "Section", deleted "15 of the Revised Uniform Law on Notarial Acts" and added "14-14A-15 NMSA 1978", and in Paragraph C(4) and Subsection D, after "Sections", deleted "4, 5 and 6 of the Revised Uniform Law on Notarial Acts" and added "14-14A-4 through 14-14A-6 NMSA 1978"; and in Subsection F, after "Section", deleted "26 of the Revised Uniform Law on Notarial Acts" and added "14-14A-26 NMSA 1978".

Applicability. — Laws 2021, ch. 21, § 37 provided that the provisions of Laws 2021, ch. 21 apply to notarial acts performed in this state on and after January 1, 2022.

Sufficiency of acknowledgment. — Substantial compliance with this section in regard to acknowledgment is sufficient. Byers Bros. & Co. Live Stock Comm'n Corp. v. McKenzie, 1925-NMSC-015, 30 N.M. 487, 239 P. 525 (decided under former 14-14-7 NMSA 1978).

The acknowledgment of a member of a copartnership was sufficient where form used expressed fact of acknowledgment being made, and also that the person making it was known to the official making the acknowledgment. Byers Bros. & Co. Live Stock Comm'n Corp. v. McKenzie, 1925-NMSC-015, 30 N.M. 487, 239 P. 525 (decided under former 14-14-7 NMSA 1978).

Insufficient compliance. — An acknowledgment in the following form: "This mortgage was acknowledged before me by O.G. Keysor, this 11th day of April, 1911," was invalid. It was not a substantial compliance with the statutory requirements. Vorenberg v. Bosserman, 1913-NMSC-005, 17 N.M. 433, 130 P. 438 (decided under former 14-14-7 NMSA 1978).

Missing recitals. — Where there was no recital that the mortgagor acknowledged that he executed the instrument, or that the person who appeared before the notary was the person described in and who executed the instrument, the acknowledgment was insufficient. Vorenberg v. Bosserman, 1913-NMSC-005, 17 N.M. 433, 130 P. 438 (decided under former 14-14-7 NMSA 1978).