NM Stat § 14-14A-5 (2021)
2021 New Mexico Statutes|Chapter 14 - Records, Rules, Legal Notices, Oaths|Article 14A - Revised Uniform Law on Notarial Acts|Section 14-14A-5 - Personal appearance required; exception authorized for remote notarizations. (Effective January 1, 2022.)

A. If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer.B. A remotely located individual may comply with this section or with any other requirement of the laws of this state that state that a person appear before a notarial officer at the time of a notarial act by using communication technology to appear before a notary public or notarial officer.C. A notary public or notarial officer located in this state may perform a notarial act using communication technology for a remotely located individual if:(1) the notary public:(a) has personal knowledge of the identity of the individual pursuant to Subsection A of Section 6 [14-14A-6 NMSA 1978] of the Revised Uniform Law on Notarial Acts;(b) has satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public pursuant to Subsection B of Section 6 of the Revised Uniform Law on Notarial Acts or this section; or(c) has obtained satisfactory evidence of the identity of the remotely located individual by using at least two different types of identity proofing;(2) the notary public is able to reasonably confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature;(3) the notary public, or a person acting on behalf of the notary public, creates an audiovisual recording of the performance of the notarial act; and(4) for a remotely located individual located outside the United States:(a) the record: 1) is to be filed with or relates to a matter before a public official or court, governmental entity or other entity subject to the jurisdiction of the United States; or 2) involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and(b) the act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located.D. If a notarial act is performed pursuant to this section, the certificate of notarial act required by Section 15 [14-14A-15 NMSA 1978] of the Revised Uniform Law on Notarial Acts and the short-form certificate provided in Section 15 of the Revised Uniform Law on Notarial Acts shall indicate that the notarial act was performed using communication technology.E. A short-form certificate provided pursuant to Section 15 of the Revised Uniform Law on Notarial Acts for a notarial act subject to this section is sufficient if it:(1) complies with rules adopted under Paragraph (1) of Subsection H of this section; or(2) is in the form provided in Section 15 of the Revised Uniform Law on Notarial Acts and contains a statement substantially as follows: "This notarial act involved the use of communication technology.".F. A notary public, a guardian, a conservator or an agent of a notary public or a personal representative of a deceased notary public shall retain the audiovisual recording created pursuant to Paragraph (3) of Subsection C of this section or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. 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.G. Before a notarial officer performs the notarial officer's initial notarial act with a remotely located individual under this section, the notarial officer shall notify the secretary of state that the notarial officer will be performing notarial acts with respect to remotely located individuals and identify the technologies the notarial officer intends to use. If the secretary of state has established standards pursuant to Subsection H of this section and Section 26 [14-14A-26 NMSA 1978] of the Revised Uniform Law on Notarial Acts for approval of communication technology or identity proofing, the communication technology and identity proofing shall conform to the standards.H. In addition to adopting rules pursuant to Section 26 of the Revised Uniform Law on Notarial Acts, the secretary of state may adopt rules under this section regarding performance of a notarial act. The rules may:(1) prescribe the means of performing a notarial act involving a remotely located individual using communication technology;(2) establish standards for communication technology and identity proofing;(3) establish requirements or procedures to approve providers of communication technology and the process of identity proofing; and(4) establish standards and a period for the retention of an audiovisual recording created pursuant to Paragraph (3) of Subsection C of this section.I. Before adopting, amending or repealing a rule governing performance of a notarial act with respect to a remotely located individual, the secretary of state shall consider:(1) the most recent standards regarding the performance of a notarial act with respect to a remotely located individual promulgated by national standard-setting organizations and the recommendations of the national association of secretaries of state;(2) standards, practices and customs of other jurisdictions that have laws substantially similar to this section; and(3) input from governmental officials and entities and other interested persons.J. By allowing its communication technology or identity proofing to facilitate a notarial act for a remotely located individual or by providing storage of the audiovisual recording created pursuant to Paragraph (3) of Subsection C of this section, the provider of the communication technology, identity proofing or storage appoints the secretary of state as the provider's agent for service of process in a civil action in this state related to the notarial act.K. As used in this section:(1) "communication technology" means an electronic device or process that:(a) allows a notarial officer and a remotely located individual to communicate with each other simultaneously by sight and sound; and(b) when necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a vision, hearing or speech impairment;(2) "identity proofing" means a process or service by which a third person provides a notarial officer with the means to verify the identity of a remotely located individual by a review of personal information from public or private data sources;(3) "outside the United States" means a location outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands and any territory, insular possession or other location subject to the jurisdiction of the United States; and(4) "remotely located individual" means an individual who is not in the physical presence of the notarial officer who performs a notarial act under Subsection C of this section.History: Laws 2021, ch. 21, § 5. ANNOTATIONSEffective dates. — Laws 2021, ch. 21, § 38 made Laws 2021, ch. 21, § 5 effective January 1, 2022.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.