1. A. A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:

   1. (1) the individual executing the record is competent or has the capacity to execute the record; or
   2. (2) the individual's signature is knowingly and voluntarily made.
2. B. A notarial officer may refuse to perform a notarial act unless refusal is prohibited by a state or federal law other than the Revised Uniform Law on Notarial Acts.
3. C. In accordance with the Human Rights Act [Chapter 28, Article 1 NMSA 1978], a notary public or notarial officer shall not discriminate in the refusal to perform or the manner in which a notarial act is performed pursuant to the Revised Uniform Law on Notarial Acts.

History: Laws 2021, ch. 21, § 7; 2023, ch. 110, § 6.

ANNOTATIONS

The 2023 amendment, effective June 16, 2023, prohibited acts of discrimination as grounds to refuse to perform notarial acts; and in Subsection C, after "discriminate in the", deleted "performance of" and added "refusal to perform or the manner in which", and after "a notarial act", added "is performed".

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.