reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 12A - Notary Public (Repealed.) › Section 14-12A-18 - Repealed.

History:
Laws 2003, ch. 286, § 18; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-12A-18 NMSA 1978, as enacted by Laws 2003, ch. 286, § 18, relating to official seal or stamp, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 12A - Notary Public (Repealed.) › Section 14-12A-19 - Repealed.

History:
Laws 2003, ch. 286, § 19; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-12A-19 NMSA 1978, as enacted by Laws 2003, ch. 286, § 19, relating to endorsing date of commission, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 12A - Notary Public (Repealed.) › Section 14-12A-20 - Repealed.

History:
Laws 2003, ch. 286, § 20; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-12A-20 NMSA 1978, as enacted by Laws 2003, ch. 286, § 20, relating to change of name, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 12A - Notary Public (Repealed.) › Section 14-12A-21 - Repealed.

History:
Laws 2003, ch. 286, § 21; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-12A-21 NMSA 1978, as enacted by Laws 2003, ch. 286, § 21, relating to change of address, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 12A - Notary Public (Repealed.) › Section 14-12A-22 - Repealed.

History:
Laws 2003, ch. 286, § 22; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-12A-22 NMSA 1978, as enacted by Laws 2003, ch. 286, § 22, relating to certification, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 12A - Notary Public (Repealed.) › Section 14-12A-23 - Repealed.

History:
Laws 2003, ch. 286, § 23; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-12A-23 NMSA 1978, as enacted by Laws 2003, ch. 286, § 23, relating to resignation, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 12A - Notary Public (Repealed.) › Section 14-12A-24 - Repealed.

History:
Laws 2003, ch. 286, § 24; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-12A-24 NMSA 1978, as enacted by Laws 2003, ch. 286, § 24, relating to disposition of the seal and stamp, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 12A - Notary Public (Repealed.) › Section 14-12A-25 - Repealed.

History:
Laws 2003, ch. 286, § 25; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-12A-25 NMSA 1978, as enacted by Laws 2003, ch. 286, § 25, relating to disqualified notary public exercising powers, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 12A - Notary Public (Repealed.) › Section 14-12A-26 - Repealed.

History:
Laws 2003, ch. 286, § 26; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-12A-26 NMSA 1978, as enacted by Laws 2003, ch. 286, § 26, relating to removal from office, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 13 - Acknowledgments and Oaths › Section 14-13-1 - [Administration of oath.]

Whenever any person shall be required to take an oath before he enters upon the discharge of any office, place or business, or on any lawful occasion, any person administering the oath shall do so in the following form, viz: the person swearing shall, with his right hand uplifted, follow the words required in the oath as administered, beginning: I do solemnly swear, and closing: so help me God.
History:
Laws 1893, ch. 42, § 1; C.L. 1897, § 2559; Code 1915, § 3933; C.S. 1929, § 94-110; 1941 Comp., § 46-101; 1953 Comp., § 43-1-1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Sufficiency of oath or affirmation.
— Signers of an election petition did not "swear or affirm" that they were residents of the area proposed to be incorporated since the petition did not contain any language indicating that persons who provide false information on the petition might be subject to the penalty of perjury, which is required for a sworn or affirmed statement.
Citizens for Incorporation, Inc. v. Board of Cnty. Comm'rs
, 1993-NMCA-069, 115 N.M. 710, 858 P.2d 86.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 58 Am. Jur. 2d Oath and Affirmation §§ 11 to 19, 21 to 24.
Acknowledgment or oath over telephone, 12 A.L.R. 538, 58 A.L.R. 604.
67 C.J.S. Oaths and Affirmations §§ 5, 6.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 13 - Acknowledgments and Oaths › Section 14-13-2 - [Administration of affirmation in lieu of oath.]

Whenever any person is required to take or subscribe an oath and shall have conscientious scruples against taking the same, he shall be permitted, instead of such oath, to make a solemn affirmation, with uplifted right hand, in the following form, viz: you do solemnly, sincerely and truly declare and affirm, and close with: and this I do under the pains and penalties of perjury, which affirmation shall be equally valid as if such person had taken an oath in the usual form; and every person guilty of falsely, willfully or corruptly declaring as aforesaid, shall be liable to punishment for the same as for perjury.
History:
Laws 1893, ch. 42, § 2; C.L. 1897, § 2560; Code 1915, § 3934; C.S. 1929, § 94-111; 1941 Comp., § 46-102; 1953 Comp., § 43-1-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 58 Am. Jur. 2d Oath and Affirmation §§ 11, 14, 15, 17 to 19, 22 to 24.
67 C.J.S. Oaths and Affirmations § 6.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 13 - Acknowledgments and Oaths › Section 14-13-3 - Oaths; power to administer.

The secretary of state, county clerks, court clerks and all notarial officers are hereby authorized and empowered to administer oaths and affirmations within the state.
History:
Laws 1882, ch. 28, § 1; C.L. 1884, § 1742; C.L. 1897, § 2558; Code 1915, § 3932; Laws 1929, ch. 78, § 1; C.S. 1929, § 94-109; 1941 Comp., § 46-103; 1953 Comp., § 43-1-3; Laws 1977, ch. 98, § 1; 1978 Comp. § 14-13-3; 2023, ch. 110, § 1.
ANNOTATIONS
Cross references.
— For notarial acts in this state,
see
14-14-3 NMSA 1978.
For administering of oaths by chairman of board of county commissioners,
see
4-38-11 NMSA 1978.
The 2023 amendment,
effective June 16, 2023, updated language related to those empowered with the authority to administer oaths and affirmations; after "county clerks", added "court", after the next occurrence of "clerks", deleted "of probate courts, clerks of district courts, clerks of magistrate courts if the magistrate court has a seal, and all duly commissioned and acting notaries public" and added "and all notarial officers", after "oaths and affirmations", deleted "in all cases where magistrates and other officers", and after "within the state", deleted "authorized to administer oaths may do so, under existing laws, and with like effect".
Section authorizes verification of information
for murder before a notary public.
State v. Parker
, 1930-NMSC-004, 34 N.M. 486, 285 P. 490.
Section authorizes verification of affidavit in attachment.
— This section includes verification by notary of affidavit in proceeding by attachment made by plaintiff's agent.
Robinson v. Hesser
, 1887-NMSC-023, 4 N.M. (Gild.) 282, 13 P. 204.
Administration of oath of office.
— State judges have the authority to administer an oath of office to an elected official. 2009 Op. Att'y Gen. No. 09-03.
Administration over telephone.
— Generally, a court reporter may not administer oaths over the telephone. Rule 1-030B(7) does not change the general rule, and the court reporter must administer the oath and take the deposition in the witness' presence. 1988 Op. Att'y Gen. No. 88-81.
Law reviews.
— For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Qualification of stockholder of a corporation or member of association to take acknowledgment of, or attest as notary an instrument to which corporation or association is a party, 51 A.L.R. 1529.
Joining in instrument as ratification of or estoppel as to prior ineffective instrument affecting real property, 7 A.L.R.2d 294.
Relationship of attorney to person taking oath or making acknowledgment, as disqualifying official empowered to administer oaths or take acknowledgments, 21 A.L.R.3d 483.
Liability of notary public or his bond for negligence in performance of duties, 44 A.L.R.3d 555.
67 C.J.S. Oaths and Affirmations § 4.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 13 - Acknowledgments and Oaths › Section 14-13-4 to 14-13-10 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 281, § 12 repealed 14-13-4 through 14-13-10 NMSA 1978, as amended or enacted by Laws 1929, ch. 13, § 1, Laws 1901, ch. 62, § 15, Laws 1939, ch. 124, § 1, Laws 1945, ch. 4, § 1, Laws 1851-1852, p. 374, Laws 1889, ch, 46, § 1, and Laws 1939, ch. 124, § 2, relating to acknowledgments, effective July 1, 1993. For provisions of former sections,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 13 - Acknowledgments and Oaths › Section 14-13-11 - Wage and salary assignments.

A. All assignments of wages or salaries due or to become due to any person, in order to be valid, shall be acknowledged by the party making the assignment before a notary public or other officer authorized to take acknowledgments. The assignment shall be recorded in the office of the county clerk of the county in which the money is to be paid and a copy served upon the employer or person who is to make payment.
B. Any assignment of wages or salary is void if it provides for an assignment of more than twenty-five percent of the assignor's disposable earnings for any pay period. As used in this section, "disposable earnings" means that part of the assignor's wage or salary remaining after deducting the amounts which are required by law to be withheld.
History:
Laws 1929, ch. 128, § 1; C.S. 1929, § 8-101; 1941 Comp., § 46-111; 1953 Comp., § 43-1-12; Laws 1971, ch. 172, § 1.
ANNOTATIONS
Cross references.
— For exemption of disposable wages from garnishment,
see
35-12-7 NMSA 1978.
For assignment of wages to director of labor and industrial division of labor department,
see
50-4-11 NMSA 1978.
For Uniform Commercial Code exclusion for wage assignments,
see
55-9-104 NMSA 1978.
Withholding of funds from monthly salary checks already earned is legal
and valid if made in statutory form. 1960 Op. Att'y Gen. No. 60-33.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 6 Am. Jur. 2d Assignments for Benefit of Creditors § 29.
6A C.J.S. Assignments §§ 51, 52.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 13 - Acknowledgments and Oaths › Section 14-13-12 - [Instrument needs no acknowledgment in absence of statutory requirement.]

An acknowledgment of an instrument of writing shall not be necessary to its execution unless expressly so provided by statute.
History:
Laws 1901, ch. 62, § 17; Code 1915, § 1; C.S. 1929, § 1-101; 1941 Comp., § 46-112; 1953 Comp., § 43-1-13.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For provision that acknowledgment is necessary for recording of instruments,
see
14-8-4 NMSA 1978.
For oil and gas leases on state lands to be acknowledged,
see
19-10-32 NMSA 1978.
For voluntary assignments for benefit of creditors to be acknowledged,
see
56-9-10 NMSA 1978.
For articles of incorporation of waterworks companies to be acknowledged,
see
62-2-1 NMSA 1978.
For articles of incorporation of rural electric cooperatives to be acknowledged,
see
62-15-6 NMSA 1978.
For bill of sale of animals to be acknowledged,
see
77-9-21 to 77-9-24 NMSA 1978.
For provisions relating to herd law districts,
see
77-12-3 NMSA 1978.
Acknowledgment not part of instrument.
— Although an acknowledgment is required before an instrument may be filed, in the absence of a statute so providing, an acknowledgment is not a part of an instrument, and is not necessary to its validity.
Garrett Bldg. Ctrs., Inc. v. Hale
, 1981-NMSC-009, 95 N.M. 450, 623 P.2d 570.
Deeds are required to be acknowledged for recordation
and to protect the grantee against subsequent purchasers in good faith and without notice.
New Mexico Properties, Inc. v. Lennox Indus., Inc.
, 1980-NMSC-087, 95 N.M. 64, 618 P.2d 1228.
Deeds are not required to be acknowledged,
except for recordation, and for the protection of the grantee against subsequent purchasers in good faith and without notice.
Garcia v. Leal
, 1924-NMSC-078, 30 N.M. 249, 231 P. 631.
Acknowledgment is not essential to validity of deed of conveyance as between its parties.
Kitchen v. Canavan
, 1932-NMSC-037, 36 N.M. 273, 13 P.2d 877.
Absence of valid acknowledgment does not render instrument void.
Vorenberg v. Bosserman
, 1913-NMSC-005, 17 N.M. 433, 130 P. 438.
Absence of acknowledgment does not affect conveyance between parties.
— Absence of an acknowledgment to a deed or instrument of conveyance does not affect its validity or render it void as between parties.
New Mexico Properties, Inc. v. Lennox Indus., Inc.
, 1980-NMSC-087, 95 N.M. 64, 618 P.2d 1228.
Valid materialmen's lien does not affect conveyance between parties.
— A valid materialmen's lien which lacked an acknowledgment, but had been filed and recorded, was valid and binding as between the parties to an action on the lien.
Garrett Bldg. Ctrs., Inc. v. Hale
, 1981-NMSC-009, 95 N.M. 450, 623 P.2d 570.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 1A C.J.S. Acknowledgments § 7.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 13 - Acknowledgments and Oaths › Section 14-13-13 - [Validation of former acknowledgments; 1951 act.]

All acknowledgments taken outside the state of New Mexico prior to the passage and approval of this act [this section], before any officer authorized by the laws of this state to take such acknowledgments, under the seal of such officer, and all acknowledgments taken within this state before the passage and approval of this act, before any officer authorized by law to take acknowledgments, notwithstanding any defect in the form of a certificate of acknowledgment or the failure to show the date of the expiration of the commission of the officer before whom such acknowledgment was taken or the failure to show that the seal of said officer was affixed to the instrument acknowledged and/or notwithstanding the failure of such acknowledgment to comply with the provisions of Section 14-13-10 NMSA 1978, if the marital status of any married woman uniting with her husband in the execution of any instrument may otherwise appear from the body of the instrument so acknowledged, and the record thereof in the office of the county clerk, are hereby confirmed and made valid to the extent as though said certificate of acknowledgment and the record thereof had been in the form prescribed by law.
History:
1941 Comp., § 46-114, enacted by Laws 1951, ch. 14, § 1; 1953 Comp., § 43-1-14.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Prior validating acts.
— Laws 1873-1874, ch. 14, § 3; C.L. 1884, § 2773; C.L. 1897, § 3969; Code 1915, § 2; C.S. 1929, § 1-102.
Laws 1882, ch. 27, § 1; C.L. 1884, § 2741; C.L. 1897, § 3931; Code 1915, § 3; C.S. 1929, § 1-103.
Laws 1913, ch. 13, § 1; Code 1915, § 4; C.S. 1929, § 1-104.
Laws 1921, ch. 164, §§ 1, 2; C.S. 1929, §§ 1-105, 1-106.
Laws 1929, ch. 59, § 1; C.S. 1929, § 1-107.
Laws 1933, ch. 17, § 1.
Laws 1939, ch. 41, § 1; 1941 Comp., § 46-113.
Laws 1947, ch. 195, § 1.
Generally.
— The act of 1874 curing defective acknowledgment did not supply the want nor obviate the necessity of an acknowledgment as between the parties thereto.
Armijo v. New Mexico Town Co.
, 1885-NMSC-026, 3 N.M. (Gild.) 427, 5 P. 709.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 1 Am. Jur. 2d Acknowledgments § 78.
1A C.J.S. Acknowledgments §§ 83, 84.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 13 - Acknowledgments and Oaths › Section 14-13-14 - [Validation of former acknowledgments; 1957 act.]

All acknowledgments taken outside the state of New Mexico prior to the passage and approval of this act [this section], before any officer authorized by the laws of this state to take such acknowledgments, under the seal of such officer, and all acknowledgments taken within this state before the passage and approval of this act, before any officer authorized by law to take acknowledgments, notwithstanding any defect in the form of a certificate of acknowledgment or the failure to show the date of the expiration of the commission of the officer before whom such acknowledgment was taken or the failure to show that the seal of said officer was affixed to the instrument acknowledged and/or notwithstanding the failure of such acknowledgment to comply with the provisions of Section 14-13-10 NMSA 1978, if the marital status of any married woman uniting with her husband in the execution of any instrument may otherwise appear from the body of the instrument so acknowledged, and the record thereof in the office of the county clerk, are hereby confirmed and made valid to the extent as though said certificate of acknowledgment and the record thereof has been in the form prescribed by law.
History:
1953 Comp., § 43-1-14.1, enacted by Laws 1957, ch. 110, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 1 Am. Jur. 2d Acknowledgments § 78.
1A C.J.S. Acknowledgments §§ 83, 84.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 13 - Acknowledgments and Oaths › Section 14-13-15 - [Validation of former acknowledgments; 1965 act.]

All acknowledgments taken outside the state of New Mexico prior to the passage and approval of this act [this section], before any officer authorized by the laws of this state to take such acknowledgments, under the seal of such officer, and all acknowledgments taken within this state before the passage and approval of this act, before any officer authorized by law to take acknowledgments, notwithstanding any defect in the form of a certificate of acknowledgment or the failure to show the date of the expiration of the commission of the officer before whom such acknowledgment was taken or the failure to show that the seal of said officer was affixed to the instrument acknowledged and/or notwithstanding the failure of such acknowledgment to comply with the provisions of Section 14-13-10 NMSA 1978, if the marital status of any married woman uniting with her husband in the execution of any instrument may otherwise appear from the body of the instrument so acknowledged, and the record thereof in the office of the county clerk, are hereby confirmed and made valid to the extent as though said certificate of acknowledgment and the record thereof has been in the form prescribed by law.
History:
1953 Comp., § 43-1-14.2, enacted by Laws 1965, ch. 186, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For prior validating acts,
see
14-13-13, 14-13-14 NMSA 1978 and compiler's notes to 14-13-13 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 1 Am. Jur. 2d Acknowledgments § 78.
1A C.J.S. Acknowledgments §§ 83, 84.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 13 - Acknowledgments and Oaths › Section 14-13-16 - Validation of former acknowledgments; 1967 act.

All acknowledgments taken outside the state of New Mexico prior to the passage and approval of this act [this section], before any officer authorized by the laws of this state to take such acknowledgments, under the seal of such officer, and all acknowledgments taken within this state before the passage and approval of this act, before any officer authorized by law to take acknowledgments, notwithstanding any defect in the form of a certificate of acknowledgment or the failure to show the date of the expiration of the commission of the officer before whom such acknowledgment was taken or the failure to show that the seal of said officer was affixed to the instrument acknowledged and/or notwithstanding the failure of such acknowledgment to comply with the provisions of Section 14-13-10 NMSA 1978, if the marital status of any married woman uniting with her husband in the execution of any instrument may otherwise appear from the body of the instrument so acknowledged, and the record thereof in the office of the county clerk, are hereby confirmed and made valid to the extent as though said certificate of acknowledgment and the record thereof has been in the form prescribed by law.
History:
1953 Comp., § 43-1-14.3, enacted by Laws 1967, ch. 80, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For prior validating acts,
see
14-13-13, 14-13-15 NMSA 1978 and compiler's notes to 14-13-13 NMSA 1978.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 13 - Acknowledgments and Oaths › Section 14-13-17 - Validation of former acknowledgments; 1971 act.

All acknowledgments taken outside the state of New Mexico prior to the passage and approval of this act [this section], before any officer authorized by the laws of this state to take such acknowledgments, under the seal of such officer, and all acknowledgments taken within this state before the passage and approval of this act, before any officer authorized by law to take acknowledgments, notwithstanding any defect in the form of a certificate of acknowledgment or the failure to show the date of the expiration of the commission of the officer before whom such acknowledgment was taken or the failure to show that the seal of said officer was affixed to the instrument acknowledged and/or notwithstanding the failure of such acknowledgment to comply with the provisions of Section 14-13-10 NMSA 1978, if the marital status of any married woman uniting with her husband in the execution of any instrument may otherwise appear from the body of the instrument so acknowledged, and the record thereof in the office of the county clerk, are hereby confirmed and made valid to the extent as though said certificate of acknowledgment and the record thereof has been in the form prescribed by law.
History:
1953 Comp., § 43-1-14.4, enacted by Laws 1971, ch. 165, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For prior validating acts,
see
14-13-13, 14-13-14, 14-13-15, 14-13-16 and compiler's notes to 14-13-13 NMSA 1978.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 13 - Acknowledgments and Oaths › Section 14-13-18 - Validation of former acknowledgments; 1975 act.

All acknowledgments taken outside the state of New Mexico prior to the passage and approval of this act [this section], before any officer authorized by the laws of this state to take such acknowledgments, under the seal of such officer, and all acknowledgments taken within this state before the passage and approval of this act, before any officer authorized by law to take acknowledgments, notwithstanding any defect in the form of a certificate of acknowledgment or the failure to show the date of the expiration of the commission of the officer before whom such acknowledgment was taken or the failure to show that the seal of said officer was affixed to the instrument acknowledged and/or notwithstanding the failure of such acknowledgment to comply with the provisions of Section 14-13-10 NMSA 1978, if the marital status of any married woman uniting with her husband in the execution of any instrument may otherwise appear from the body of the instrument so acknowledged, and the record thereof in the office of the county clerk, are hereby confirmed and made valid to the extent as though said certificate of acknowledgment and the record thereof has been in the form prescribed by law.
History:
1953 Comp., § 43-1-14.5, enacted by Laws 1975, ch. 198, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For prior validating acts,
see
14-13-13, 14-13-14, 14-13-15, 14-13-16, 14-13-17 NMSA 1978 and compiler's notes to 14-13-13 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 1 Am. Jur. 2d Acknowledgments § 78.
1A C.J.S. Acknowledgments §§ 83, 84.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 13 - Acknowledgments and Oaths › Section 14-13-19 to 14-13-23 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 281, § 12 repealed 14-13-19 through 14-14-23 NMSA 1978, as enacted or amended by Laws 1955, ch. 82, §§ 1, 2, and 4, and Laws 1981, ch. 212, §§ 1 and 2, relating to short forms of acknowledgment, effective July 1, 1993. For provisions of former section,
see
the 1992 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 13 - Acknowledgments and Oaths › Section 14-13-24 - [Validation of certain prior acknowledgments.]

All acknowledgments taken outside the state of New Mexico prior to the passage and approval of this act [this section], before any officer authorized by either the laws of the jurisdiction where taken or the laws of this state to take such acknowledgments, and all acknowledgments taken within this state before the passage and approval of this act, before any officer authorized by law to take acknowledgments, notwithstanding the form of the certificate of acknowledgment or the failure to show the date of the expiration of the commission of the officer before whom such acknowledment [acknowledgment] was taken or the failure to show that the seal of said officer was affixed to the instrument acknowledged and/or notwithstanding the failure of such acknowledgment to comply with the provisions of Section 14-13-10 NMSA 1978, if the marital status of any married woman uniting with her husband in the execution of any instrument may otherwise appear from the body of the instrument so acknowledged, and the record thereof in the office of the county clerk, are hereby confirmed and made valid to the extent as though said certificate of acknowledgment and the record thereof has been in the form prescribed by law.
History:
Laws 1981, ch. 212, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For prior validating acts,
see
14-13-13, 14-13-14, 14-13-15, 14-13-16, 14-13-17, 14-13-18 NMSA 1978 and compiler's notes to 14-13-13 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 1 Am. Jur. 2d Acknowledgments § 78.
1A C.J.S. Acknowledgments §§ 83, 84.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 13 - Acknowledgments and Oaths › Section 14-13-25 - Validation of certain prior acknowledgments.

All acknowledgments taken outside the state before any officer authorized by either the laws of the jurisdiction where taken or the laws of this state to take such acknowledgments, and all acknowledgments taken within this state before any officer authorized by law to take acknowledgments, that have been filed and are of record in the appropriate office as provided by law for a period of ten years or more without challenge to the form or content of the acknowledgment, are considered valid, notwithstanding the form of the certificate of acknowledgment or the failure to show the date of the expiration of the commission of the officer before whom the acknowledgment was taken or the failure to show that the seal of the officer was affixed to the instrument acknowledged, and notwithstanding the failure of the acknowledgment to comply with the provisions of Section 14-13-10 NMSA 1978 if the marital status of any married woman uniting with her husband in the execution of any instrument may otherwise appear from the body of the instrument so acknowledged, and the record thereof in the office of the county clerk, are hereby confirmed and made valid to the extent as though the certificate of acknowledgment and the record thereof had been in the form prescribed by law.
History:
Laws 1991, ch. 92, § 1.
ANNOTATIONS
Cross references.
— For acknowledgment necessary for recording, decrees, and exceptions,
see
14-8-4.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 14 - Uniform Law on Notarial Acts (Repealed.) › Section 14-14-1 - Repealed.

History:
Laws 1993, ch. 281, § 1; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-14-1 NMSA 1978, as enacted by Laws 1993, ch. 281, § 1, relating to definitions, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 14 - Uniform Law on Notarial Acts (Repealed.) › Section 14-14-2 - Repealed.

History:
Laws 1993, ch. 281, § 2; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-14-2 NMSA 1978, as enacted by Laws 1993, ch. 281, § 2, relating to notarial acts, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 14 - Uniform Law on Notarial Acts (Repealed.) › Section 14-14-3 - Repealed.

History:
Laws 1993, ch. 281, § 3; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-14-3 NMSA 1978, as enacted by Laws 1993, ch. 281, § 3, relating to notarial acts in this state, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 14 - Uniform Law on Notarial Acts (Repealed.) › Section 14-14-4 - Repealed.

History:
Laws 1993, ch. 281, § 4; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-14-4 NMSA 1978, as enacted by Laws 1993, ch. 281, § 4, relating to notarial acts in other jurisdictions of the United States, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 14 - Uniform Law on Notarial Acts (Repealed.) › Section 14-14-5 - Repealed.

History:
Laws 1993, ch. 281, § 5; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-14-5 NMSA 1978, as enacted by Laws 1993, ch. 281, § 5, relating to notarial acts under federal authority, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 14 - Uniform Law on Notarial Acts (Repealed.) › Section 14-14-6 - Repealed.

History:
Laws 1993, ch. 281, § 6; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-14-6 NMSA 1978, as enacted by Laws 1993, ch. 281, § 6, relating to foreign notarial acts, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 14 - Uniform Law on Notarial Acts (Repealed.) › Section 14-14-7 - Repealed.

History:
Laws 1993, ch. 281, § 7; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-14-7 NMSA 1978, as enacted by Laws 1993, ch. 281, § 7, relating to certificate of notarial acts, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 14 - Uniform Law on Notarial Acts (Repealed.) › Section 14-14-8 - Repealed.

History:
Laws 1993, ch. 281, § 8; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-14-8 NMSA 1978, as enacted by Laws 1993, ch. 281, § 8, relating to certificates of notarial acts, short forms, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 14 - Uniform Law on Notarial Acts (Repealed.) › Section 14-14-9 - Repealed.

History:
Laws 1993, ch. 281, § 9; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-14-9 NMSA 1978, as enacted by Laws 1993, ch. 281, § 9, relating to notarial acts affected by the Uniform Law on Notarial Acts, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 14 - Uniform Law on Notarial Acts (Repealed.) › Section 14-14-10 - Repealed.

History:
Laws 1993, ch. 281, § 10; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-14-10 NMSA 1978, as enacted by Laws 1993, ch. 281, § 10, relating to uniformity of application and construction, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 14 - Uniform Law on Notarial Acts (Repealed.) › Section 14-14-11 - Repealed.

History:
Laws 1993, ch. 281, § 11; repealed by Laws 2021, ch. 21, § 36.
ANNOTATIONS
Repeals.
— Laws 2021, ch. 21, § 36 repealed 14-14-11 NMSA 1978, as enacted by Laws 1993, ch. 281, § 11, relating to short title, effective January 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 14A - Revised Uniform Law on Notarial Acts › Section 14-14A-1 - Short title.

Chapter 14, Article 14A NMSA 1978 may be cited as the "Revised Uniform Law on Notarial Acts".
History:
Laws 2021, ch. 21, § 1; 2023, ch. 110, § 2.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, changed "Sections 1 through 32 of this act" to "Chapter 14, Article 14A NMSA 1978".
Temporary provisions.
— Laws 2021, ch. 21, § 35, effective January 1, 2022, provided that references to the Notary Public Act or the Uniform Law on Notarial Acts shall be deemed to be references to the Revised Uniform Law on Notarial Acts.
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.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 14A - Revised Uniform Law on Notarial Acts › Section 14-14A-3 - Authority to perform notarial act.

A. A notarial officer shall perform all notarial acts pursuant to the Revised Uniform Law on Notarial Acts or by law of this state other than the Revised Uniform Law on Notarial Acts.
B. A notarial officer shall not perform a notarial act with respect to a record to which the officer or the officer's spouse or domestic partner is a party or in which either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable.
C. A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record.
History:
Laws 2021, ch. 21, § 3; 2023, ch. 110, § 4.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, in Subsection A, deleted "notary public or".
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.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 14A - Revised Uniform Law on Notarial Acts › Section 14-14A-4 - Requirements for certain notarial acts.

A. A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.
B. A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.
C. A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.
D. A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true and accurate transcription or reproduction of the record or item.
E. A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in Subsection B of Section 55-3-505 NMSA 1978.
History:
Laws 2021, ch. 21, § 4.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 21, § 38 made Laws 2021, ch. 21, § 4 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.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 14A - Revised Uniform Law on Notarial Acts › Section 14-14A-6 - Identification of individual.

A. A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that individual has the identity claimed.
B. A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual:
(1) by means of:
(a) a passport, driver's license or government-issued nondriver identification card, which is current or expired not more than one year before performance of the notarial act; or
(b) another form of government identification issued to an individual, which is current or expired not more than one year before performance of the notarial act, contains the signature or a photograph of the individual and is satisfactory to the officer; or
(2) by a verification on oath or affirmation of a credible witness personally appearing before the officer, who is unrelated to and unaffected by the document or transaction, and known to the officer and whom the officer can identify on the basis of a passport, driver's license or government-issued nondriver identification card, which is current or expired not more than one year before performance of the notarial act.
C. A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual.
History:
Laws 2021, ch. 21, § 6.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 21, § 38 made Laws 2021, ch. 21, § 6 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.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 14A - Revised Uniform Law on Notarial Acts › Section 14-14A-7 - Authority to refuse to perform notarial acts.

A. A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:
(1) the individual executing the record is competent or has the capacity to execute the record; or
(2) the individual's signature is knowingly and voluntarily made.
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.
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.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 14A - Revised Uniform Law on Notarial Acts › Section 14-14A-8 - Signature if individual is unable to sign.

If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual's name on the record. The notarial officer shall insert "Signature affixed by (name of other individual) at the direction of (name of individual)" or words of similar import.
History:
Laws 2021, ch. 21, § 8.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 21, § 38 made Laws 2021, ch. 21, § 8 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.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 14A - Revised Uniform Law on Notarial Acts › Section 14-14A-9 - Notarial acts in this state.

A. A notarial act may be performed in this state by:
(1) a notary public of this state; or
(2) an automatic notarial officer of this state.
B. The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
C. The signature and title of a notarial officer described in Subsection A of this section conclusively establish the authority of the officer to perform the notarial act. An official stamp is required unless a state law specifies that an official stamp is not required for that notarial act.
History:
Laws 2021, ch. 21, § 9; 2023, ch. 110, § 7.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, clarified and updated language; in Subsection A, Paragraph A(2), deleted " a judge of a court" and added "an automatic notarial officer", and deleted Paragraphs A(3) through A(6); and in Subsection C, after "required", deleted "if the laws of this state require" and added "unless a state law specifies that", and after "official stamp", added "is not required for that notarial act".
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.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 14A - Revised Uniform Law on Notarial Acts › Section 14-14A-10 - Notarial act in another state.

A. A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state if the act performed in that state is performed by a notarial officer or other individual authorized by the law of that state to perform the notarial act.
B. The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
C. The signature and title of a notarial officer described in Subsection A of this section conclusively establish the authority of the officer to perform the notarial act. An official stamp is required unless a state law specifies that an official stamp is not required by that notarial officer or for that notarial act.
History:
Laws 2021, ch. 21, § 10; 2023, ch. 110, § 8.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, in Subsection C, after "official stamp is required", deleted "if the laws of this state require" and added "unless a state law specifies that", and after "official stamp", added "is not required by that notarial officer or for that notarial act".
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.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 14A - Revised Uniform Law on Notarial Acts › Section 14-14A-11 - Notarial act under the authority of a federally recognized Indian nation, tribe or pueblo.

A. A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian nation, tribe or pueblo has the same effect as if performed by a notarial officer of this state if the act performed in the jurisdiction of the nation, tribe or pueblo is performed by a notarial officer or other individual authorized by the written law of the nation, tribe or pueblo to perform the notarial act.
B. The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian nation, tribe or pueblo are prima facie evidence that the signature is genuine and that the individual holds the designated title.
C. The signature and title of a notarial officer described in Subsection A of this section conclusively establish the authority of the officer to perform the notarial act. An official stamp is required unless the laws of the nation, tribe or pueblo specify that an official stamp is not required by that notarial officer for that notarial act.
History:
Laws 2021, ch. 21, § 11; 2023, ch. 110, § 9.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, recognized notarial acts performed by an Indian nation, tribe or pueblo; in the section heading, added "nation", and "or pueblo"; in Subsection A, added "nation" preceding each occurrence of "tribe", and added "or pueblo" after each occurrence of "tribe"; and in Subsection C, after "unless the laws of the nation, tribe", deleted "require" and added "or pueblo specify that", and after "an official stamp", added "is not required by that notarial officer for that notarial act".
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.