reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 14A - Revised Uniform Law on Notarial Acts › Section 14-14A-12 - Notarial act under federal authority.

A. A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state if the act performed under federal law is performed by:
(1) a judge;
(2) a court clerk or deputy court clerk;
(3) an individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law;
(4) an individual designated a notarizing officer by the United States department of state for performing notarial acts overseas; or
(5) any other individual authorized by federal law to perform a specified notarial act.
B. The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.
C. The signature and title of an 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 law specifies that an official stamp is not required by that federal notarial officer or for that notarial act.
History:
Laws 2021, ch. 21, § 12; 2023, ch. 110, § 10.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, required an official stamp unless a law specifies that an official stamp is not required; and in Subsection C, added "An official stamp is required unless a law specifies that an official stamp is not required by that federal 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-13 - Foreign notarial acts.

A. If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notarial officer of this state.
B. If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
C. The signature and official stamp of an individual holding an office described in Subsection B of this section are prima facie evidence that the signature is genuine and the individual holds the designated title. An official stamp is required unless a law of the foreign state specifies that an official stamp is not required by that notarial officer or for that notarial act.
D. An apostille in the form prescribed by the Hague Convention of October 5, 1961 and issued by a foreign state party to the Hague Convention of October 5, 1961 conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
E. A consular authentication issued by an individual designated by the United States department of state as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
History:
Laws 2021, ch. 21, § 13; 2023, ch. 110, § 11.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, required an official stamp unless a law of the foreign state specifies that an official stamp is not required; and in Subsection C, added "An official stamp is required unless a law of the foreign state specifies that an official stamp 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-16 - Official stamp.

The official stamp of a notarial officer shall:
A. include the notarial officer's name, New Mexico state bar identification number if the notary public is licensed to practice law, judicial district or area served if the notarial officer is a judge, court clerk or deputy court clerk, county if the notarial officer is a county clerk or deputy county clerk or notary public commission number and date of commission expiration, the notarial officer's official notary seal and other information required by the secretary of state;
B. be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated; and
C. be filed with the secretary of state before the notarial officer performs the notarial officer's initial notarial act.
History:
Laws 2021, ch. 21, § 16; 2023, ch. 110, § 14.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, revised requirements for an official stamp; and in Subsection A, after "officer's name", deleted "jurisdiction and", after "licensed to practice law", deleted "in this state", and after "expiration", added "the notarial officer's official notary seal".
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-17 - Stamping device.

A. A notarial officer is responsible for the security of the notarial officer's stamping device and may not allow another individual to use the device to perform a notarial act. On resignation from, or the revocation or expiration of, a notary public's commission, or on the expiration of the date set forth in the stamping device, if any, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing or securing it against use in a manner that renders it unusable. On the death or adjudication of incompetency of a notarial officer, the notarial officer's personal representative or guardian or any other person knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing or securing it against use in a manner that renders it unusable.
B. If a notarial officer's stamping device is lost or stolen, the notarial officer or the notarial officer's personal representative or guardian shall promptly notify the secretary of state on discovering that the device is lost or stolen.
History:
Laws 2021, ch. 21, § 17; 2023, ch. 110, § 15.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, changed each occurrence of "notary public" to "notarial officer" throughout the section.
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-19 - Notification regarding performance of notarial act on electronic record; selection of technology.

A. A notarial officer shall select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notarial officer to perform a notarial act with respect to an electronic record with a technology that the notarial officer has not selected.
B. Before performing the notarial officer's initial notarial act with respect to an electronic record, a notarial officer shall notify the secretary of state that the notarial officer will be performing notarial acts with respect to electronic records and identify the technology the notarial officer intends to use. If the secretary of state has established standards for approval of technology pursuant to Section 14-14A-26 NMSA 1978, the technology must conform to the standards. If the technology conforms to those standards, the secretary of state shall approve the use of the technology.
History:
Laws 2021, ch. 21, § 19; 2023, ch. 110, § 17.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, changed each occurrence of "notary public" to "notarial officer" throughout the section; and in Subsection B, 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.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 14A - Revised Uniform Law on Notarial Acts › Section 14-14A-21 - Examination of notary public and notarial officers; continuing legal education requirements for automatic notarial officers.

A. An applicant for a commission as a notary public who does not hold a commission in this state is required to pass an examination administered by the secretary of state or an entity approved by the secretary of state. The examination will be based on the course of study described in Subsection B of this section.
B. The secretary of state or an entity approved by the secretary of state shall offer regularly a course of study to applicants who do not hold commissions as notaries public in this state. The course must cover the laws, rules, procedures and ethics relevant to notarial acts.
C. A person qualified to be an automatic notarial officer is required to attend a course, not to exceed ninety minutes, delivered by the secretary of state or an entity approved by the secretary of state. The course may be delivered in person or online. Attendance in the course is required before the person's seal may be registered with the secretary of state, and attendees shall demonstrate an understanding of the course material. The course shall cover laws, rules, procedures and ethics relevant to being an automatic notarial officer.
D. An automatic notarial officer may obtain continuing legal education credit, pursuant to rules established by the board of bar commissioners of the state of New Mexico, for participating in continuing legal education related to performing the notarial acts.
History:
Laws 2021, ch. 21, § 21; 2023, ch. 110, § 19.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, provided continuing legal education requirements for automatic notarial officers; in the section heading, added "for automatic notarial officers"; deleted former Subsection C and added a new Subsection C; and in Subsection D, added "An automatic notarial officer", and after "may obtain", deleted "one unit of".
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-23 - Database of notarial officers.

The secretary of state shall maintain an electronic database of notarial officers providing the following:
A. information and a means through which a person may verify the authority of a notarial officer to perform notarial acts; and
B. indication of whether a notarial officer has notified the secretary of state that the notarial officer will be performing notarial acts on electronic records.
History:
Laws 2021, ch. 21, § 23; 2023, ch. 110, § 21.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, changed each occurrence of "notary public" to "notarial officer".
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-25 - Validity of notarial acts.

Except as otherwise provided in Subsection B of Section 14-14A-3 NMSA 1978, the failure of a notarial officer to perform a duty or meet a requirement specified in the Revised Uniform Law on Notarial Acts does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under the Revised Uniform Law on Notarial Acts does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on law of this state other than the Revised Uniform Law on Notarial Acts or law of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts.
History:
Laws 2021, ch. 21, § 25; 2023, ch. 110, § 23.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, after "Section", changed "3 of the Revised Uniform Law on Notarial Acts" to "14-14A-3 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.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 14A - Revised Uniform Law on Notarial Acts › Section 14-14A-27 - Effect of adoption of and amendments to act.

A. A commission as a notary public in effect on the effective date of the Revised Uniform Law on Notarial Acts continues until its date of expiration.
B. A notarial officer, in performing notarial acts after the effective date of the Revised Uniform Law on Notarial Acts or any amendments to the Revised Uniform Law on Notarial Acts shall comply with the most recent version of the Revised Uniform Law on Notarial Acts in effect.
C. When changes to the official stamp are adopted in the Revised Uniform Law on Notarial Acts or by rules issued by the secretary of state, a notarial officer who has registered a stamp with the secretary of state may continue to use the registered stamp until:
(1) the expiration of the officer's commission, in the case of a notary public; or
(2) one year following the effective date of the change, in the case of an automatic notarial officer.
D. The secretary of state shall notify notarial officers when a change to the official stamp is adopted.
History:
Laws 2021, ch. 21, § 27; 2023, ch. 110, § 25.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, provided compliance provisions when amendments are made to the Revised Uniform Law on Notarial Acts; in the section heading, deleted "notary public commission in", added "of adoption of and amendments to act"; deleted former Subsections B and C and redesignated former Subsection D as Subsection B; in Subsection B, deleted "notary public of" preceding "notarial officer", after "Notarial Acts", added "or any amendments to the Revised Uniform Law on Notarial Acts", after "comply with the", added "most recent version of the", and after "Notarial Acts", added "in effect"; and added Subsections C and D.
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-28 - Fees.

A. A notarial officer may charge the maximum fee specified in this section, charge less than the maximum fee or waive the fee.
B. An employer shall not establish fees for notarial services that are in excess of those specified in this section nor on the attributes of the principal as delineated.
C. The maximum fees that may be charged by a notarial officer for notarial acts are:
(1) for acknowledgments, five dollars ($5.00) per acknowledgment;
(2) for oaths or affirmations without a signature, five dollars ($5.00) per person;
(3) for jurats, five dollars ($5.00) per jurat; and
(4) for copy certifications, fifty cents ($.50) per page with a minimum total charge of five dollars ($5.00).
D. A notarial officer may charge a travel fee when traveling to perform a notarial act if:
(1) the notarial officer and the person requesting the notarial act agree upon the travel fee in advance of the travel; and
(2) the notarial officer explains to the person requesting the notarial act that the travel fee is separate from the notarial fees and not mandated by law.
E. In addition to the fees prescribed in Subsections C and D of this section, a notarial officer may charge a technology fee not to exceed twenty-five dollars ($25.00) or other amount established by rule by the secretary of state per notarial act performed with respect to an electronic record.
History:
Laws 2021, ch. 21, § 28; 2023, ch. 110, § 26.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, substituted each occurrence of "notary public" with "notarial officer" throughout the section; in Subsection A, deleted "notary public or" preceding "notarial officer"; and in Subsection C, after "notarial officer", deleted "licensed to practice law".
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-29 - Repealed.

History:
Laws 2021, ch. 21, § 29; repealed by Laws 2022, ch. 27, § 1.
ANNOTATIONS
Repeals.
— Laws 2022, ch. 27, § 1 repealed 14-14A-29 NMSA 1978, as enacted by Laws 2021, ch. 21, § 29, relating to inspection of public records act compliance, effective March 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-30 - Saving clause.

The Revised Uniform Law on Notarial Acts does not affect the validity or effect of a notarial act performed before the effective date of the Revised Uniform Law on Notarial Acts or any amendments to the Revised Uniform Law on Notarial Acts.
History:
Laws 2021, ch. 21, § 30; 2023, ch. 110, § 27.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, provided that the Revised Uniform Law on Notarial Acts does not affect the validity or effect of a notarial act performed before the effective date of any amendments to the Revised Uniform Law on Notarial Acts; and added "or any amendments 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-31 - Uniformity of application and construction.

In applying and construing the Revised Uniform Law on Notarial Acts, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
Laws 2021, ch. 21, § 31.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 21, § 38 made Laws 2021, ch. 21, § 31 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-32 - Relation to federal Electronic Signatures in Global and National Commerce Act.

The Revised Uniform Law on Notarial Acts modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, but does not modify, limit or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
History:
Laws 2021, ch. 21, § 32.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 21, § 38 made Laws 2021, ch. 21, § 32 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 15 - Electronic Authentication of Documents › Section 14-15-1 - Short title.

This act [14-15-1 to 14-15-6 NMSA 1978] may be cited as the "Electronic Authentication of Documents Act".
History:
Laws 1996, ch. 11, § 1.
ANNOTATIONS
Cross references.
— For electronic authentication as substitution for a signature on any document,
see
14-3-15.2 NMSA 1978.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 15 - Electronic Authentication of Documents › Section 14-15-2 - Purpose.

The purpose of the Electronic Authentication of Documents Act is to:
A. provide a centralized technical approach to authenticating electronic documents;
B. promote electronic commerce by eliminating barriers resulting from uncertainties over signature requirements and promoting the development of the legal and business infrastructure necessary to implement secure electronic commerce;
C. facilitate electronic filing of documents with government agencies and promote efficient delivery of government services by means of reliable, secure electronic records and document transactions;
D. establish a coherent approach to rules and standards regarding the authentication of electronic records; and
E. promote technological neutrality in electronic authentication.
History:
Laws 1996, ch. 11, § 2; 1999, ch. 32, § 1; 2001, ch. 69, § 1.
ANNOTATIONS
The 2001 amendment,
effective July 1, 2001, rewrote Subsection A, which formerly read "proved a centralized public sector electronic registry for authenticating electronic documents by means of a public and private key system"; in Subsection D, deleted "and integrity" following "authentication" and deleted "that can serve as a model to be adopted by other states and help to promote uniformity among the various states" following "electronic records"; and added Subsection E.
The 1999 amendment,
effective June 18, 1999, inserted "sector" in Subsection A; in Subsection B inserted "electronic" and added the language beginning "by eliminating" to the end; substituted the language beginning "filing of documents" through "electronic records" for "information" in Subsection C; and added Subsection D.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 15 - Electronic Authentication of Documents › Section 14-15-4 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2001, ch. 69, § 5 repealed 14-15-4 NMSA 1978, as enacted by Laws 1996, ch. 11, § 4, regarding the office of electronic documentation, effective July 1, 2001. For provisions of former section,
see
the 2000 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 15 - Electronic Authentication of Documents › Section 14-15-5 - Rules.

A. The information technology commission shall adopt rules and standards to accomplish the purposes of the Electronic Authentication of Documents Act.
B. The rules shall address circumstances under which standards other than adopted standards may be used.
History:
Laws 1996, ch. 11, § 5; 2001, ch. 69, § 3.
ANNOTATIONS
The 2001 amendment,
effective July 1, 2001, rewrote the section, which formerly authorized the secretary of state to issue regulations to accomplish the purposes of the act.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 15 - Electronic Authentication of Documents › Section 14-15-6 - Contracting services.

The office may contract with a private, public or quasi-public organization for the provision of services under the Electronic Authentication of Documents Act. A contract for services shall comply with rules adopted pursuant to the Electronic Authentication of Documents Act and the provisions of the Public Records Act [Chapter 14, Article 3 NMSA 1978] and the Procurement Code [13-1-28 to 13-1-199 NMSA 1978].
History:
Laws 1996, ch. 11, § 6; 2001, ch. 69, § 4.
ANNOTATIONS
The 2001 amendment,
effective July 1, 2001, substituted "office" for "secretary" and substituted "rules" for "regulations".
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 16 - Uniform Electronic Transactions › Section 14-16-1 - Short title.

Chapter 14, Article 16 NMSA 1978 may be cited as the "Uniform Electronic Transactions Act".
History:
Laws 2001, ch. 131, § 1; 2013, ch. 30, § 1; 2013, ch. 68, § 1.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, changed "This act" to "Chapter 14, Article 16 NMSA 1978".
Laws 2013, ch. 30, § 1 and Laws 2013, ch. 68, § 1, both effective June 14, 2013, enacted identical amendments to this section. The section was set out as amended by Laws 2013, ch. 68, § 1.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 16 - Uniform Electronic Transactions › Section 14-16-3 - Scope.

A. Except as otherwise provided in Subsection B of this section, the Uniform Electronic Transactions Act applies to electronic records and electronic signatures relating to a transaction.
B. The Uniform Electronic Transactions Act does not apply to:
(1) a transaction to the extent it is governed by:
(a) a law governing the creation and execution of wills, codicils or testamentary trusts;
(b) the Uniform Commercial Code [Chapter 55 NMSA 1978], other than Chapter 55, Articles 2 and 2A NMSA 1978; or
(c) court orders, notices or official court documents, including briefs, pleadings and other records, required to be executed in connection with court proceedings;
(2) a notice concerning:
(a) the cancellation or termination of utility services, including water, gas, heat or power services;
(b) default, acceleration, repossession, foreclosure, eviction or the right to cure, under a credit agreement secured by or a rental agreement for a primary residence of an individual; or
(c) the cancellation or termination of health insurance or benefits or life insurance or benefits, but not including annuities; or
(3) any document required to accompany any transportation or handling of hazardous materials, pesticides or other toxic or dangerous materials.
C. The Uniform Electronic Transactions Act applies to an electronic record or electronic signature otherwise excluded from the application of that act under Subsection B of this section to the extent it is governed by a law other than those specified in Subsection B of this section.
D. A transaction subject to the Uniform Electronic Transactions Act is also subject to other applicable substantive law.
History:
Laws 2001, ch. 131, § 3; 2007, ch. 323, § 27; 2013, ch. 137, § 1.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, clarified the applicability of the Uniform Commercial Code to a remittance transfer as defined in the federal Electronic Fund Transfer Act of 1978; in Subparagraph (b) of Paragraph (1) of Subsection A, after "other than", deleted "Sections 55-1-107 and 55-1-206 NMSA 1978"; and in Subparagraph (a) of Paragraph (2) of Subsection A, after "water" added "gas".
The 2007 amendment,
effective July 1, 2007, added Subparagraph (iii) of Paragraph (1) of Subsection (b) and added Paragraph (3) of Subsection (b) and eliminated the provision that the Uniform Electronic Transactions Act does not apply to a transaction that is governed by the Uniform Anatomical Gift Act, Uniform Health-Care Decisions Act or a law that governs adoption, divorce or family law matters.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 16 - Uniform Electronic Transactions › Section 14-16-4 - Prospective application.

The Uniform Electronic Transactions Act applies to any electronic record or electronic signature created, generated, sent, communicated, received or stored on or after the effective date of that act.
History:
Laws 2001, ch. 131, § 4.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 16 - Uniform Electronic Transactions › Section 14-16-5 - Use of electronic records and electronic signatures; variation by agreement.

(a) The Uniform Electronic Transactions Act does not require a record or signature to be created, generated, sent, communicated, received, stored or otherwise processed or used by electronic means or in electronic form.
(b) The Uniform Electronic Transactions Act applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
(c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
(d) Except as otherwise provided in the Uniform Electronic Transactions Act, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of the Uniform Electronic Transactions Act of the words "unless otherwise agreed", or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
(e) Whether an electronic record or electronic signature has legal consequences is determined by the Uniform Electronic Transactions Act and other applicable law.
History:
Laws 2001, ch. 131, § 5.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 16 - Uniform Electronic Transactions › Section 14-16-6 - Construction and application.

The Uniform Electronic Transactions Act must be construed and applied:
(1) to facilitate electronic transactions consistent with other applicable law;
(2) to be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and
(3) to effectuate its general purpose to make uniform the law with respect to the subject of the Uniform Electronic Transactions Act among states enacting it.
History:
Laws 2001, ch. 131, § 6.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 16 - Uniform Electronic Transactions › Section 14-16-7 - Legal recognition of electronic records, electronic signatures and electronic contracts.

(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
(c) If a law requires a record to be in writing, an electronic record satisfies the law.
(d) If a law requires a signature, an electronic signature satisfies the law.
History:
Laws 2001, ch. 131, § 7.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 16 - Uniform Electronic Transactions › Section 14-16-8 - Provision of information in writing; presentation of records.

(a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
(b) If a law other than the Uniform Electronic Transactions Act requires a record (i) to be posted or displayed in a certain manner, (ii) to be sent, communicated or transmitted by a specified method, or (iii) to contain information that is formatted in a certain manner, the following rules apply:
(1) The record must be posted or displayed in the manner specified in the other law.
(2) Except as otherwise provided in Subsection (d)(2), the record must be sent, communicated or transmitted by the method specified in the other law.
(3) The record must contain the information formatted in the manner specified in the other law.
(c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
(d) The requirements of this section may not be varied by agreement, but:
(1) to the extent a law other than the Uniform Electronic Transactions Act requires information to be provided, sent or delivered in writing but permits that requirement to be varied by agreement, the requirement under Subsection (a) that the information be in the form of an electronic record capable of retention may also be varied by agreement; and
(2) a requirement under a law other than the Uniform Electronic Transactions Act to send, communicate or transmit a record by first-class mail, postage prepaid or regular United States mail, may be varied by agreement to the extent permitted by the other law.
History:
Laws 2001, ch. 131, § 8.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 16 - Uniform Electronic Transactions › Section 14-16-9 - Attribution and effect of electronic record and electronic signature.

(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
(b) The effect of an electronic record or electronic signature attributed to a person under Subsection (a) is determined from the context and surrounding circumstances at the time of its creation, execution or adoption, including the parties' agreement, if any, and otherwise as provided by law.
History:
Laws 2001, ch. 131, § 9.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 16 - Uniform Electronic Transactions › Section 14-16-10 - Effect of change or error.

If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:
(1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.
(2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:
(A) promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;
(B) takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and
(C) has not used or received any benefit or value from the consideration, if any, received from the other person.
(3) If neither Paragraph (1) nor Paragraph (2) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any.
(4) Paragraphs (2) and (3) may not be varied by agreement.
History:
Laws 2001, ch. 131, § 10.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 16 - Uniform Electronic Transactions › Section 14-16-11 - Notarization and acknowledgment.

If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
History:
Laws 2001, ch. 131, § 11.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 16 - Uniform Electronic Transactions › Section 14-16-12 - Retention of electronic records; originals.

(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:
(1) accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and
(2) remains accessible for later reference.
(b) A requirement to retain a record in accordance with Subsection (a) does not apply to any information the sole purpose of which is to enable the record to be sent, communicated or received.
(c) A person may satisfy Subsection (a) by using the services of another person if the requirements of that subsection are satisfied.
(d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with Subsection (a).
(e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with Subsection (a).
(f) A record retained as an electronic record in accordance with Subsection (a) satisfies a law requiring a person to retain a record for evidentiary, audit or like purposes, unless a law enacted after the effective date of the Uniform Electronic Transactions Act specifically prohibits the use of an electronic record for the specified purpose.
(g) This section does not preclude a governmental agency of this state from specifying additional requirements for the retention of a record subject to the agency's jurisdiction.
History:
Laws 2001, ch. 131, § 12.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 16 - Uniform Electronic Transactions › Section 14-16-14 - Automated transaction.

In an automated transaction, the following rules apply:
(1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements.
(2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.
(3) The terms of the contract are determined by the substantive law applicable to it.
History:
Laws 2001, ch. 131, § 14.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 16 - Uniform Electronic Transactions › Section 14-16-15 - Time and place of sending and receipt.

(a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:
(1) is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;
(2) is in a form capable of being processed by that system; and
(3) enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.
(b) Unless otherwise agreed between a sender and the recipient, an electronic record is received when:
(1) it enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and
(2) it is in a form capable of being processed by that system.
(c) Subsection (b) applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under Subsection (d).
(d) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this subsection, the following rules apply:
(1) If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction.
(2) If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be.
(e) An electronic record is received under Subsection (b) even if no individual is aware of its receipt.
(f) Receipt of an electronic acknowledgment from an information processing system described in Subsection (b) establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.
(g) If a person is aware that an electronic record purportedly sent under Subsection (a), or purportedly received under Subsection (b), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement.
History:
Laws 2001, ch. 131, § 15.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 16 - Uniform Electronic Transactions › Section 14-16-17 - Creation and retention of electronic records and conversion of written records by governmental agencies.

Each governmental agency of this state shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records.
History:
Laws 2001, ch. 131, § 17.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 16 - Uniform Electronic Transactions › Section 14-16-18 - Acceptance and distribution of electronic records by governmental agencies.

The state records administrator shall issue rules for the implementation of the provisions of the Uniform Electronic Transactions Act that shall apply to all governmental agencies; provided that a governmental agency, giving due consideration to security, may instead issue its own rules that specify:
A. the manner and format in which the electronic records must be created, generated, sent, communicated, received and stored and the systems established for those purposes;
B. if electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process;
C. control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality and auditability of electronic records; and
D. any other required attributes for electronic records that are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.
History:
Laws 2001, ch. 131, § 18; 2013, ch. 214, § 10.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, made governmental agencies subject to the Uniform Electronic Transactions Act; deleted former Subsection (a), which gave governmental agencies the option to use electronic records; in former Subsection (b), deleted "To the extent that a governmental agency uses electronic records and electronic signatures under Subsection (a), the"; at the beginning of the introductory sentence, added "The state records administrator shall issue rules for the implementation of the provisions of the Uniform Electronic Transactions Act that shall apply to all governmental agencies; provided that" and after "consideration to security, may", added "instead issue its own rules that"; and deleted former Subsection (c), which provided that the Uniform Electronic Transactions Act did not require governmental agencies to use electronic records or signatures.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 16 - Uniform Electronic Transactions › Section 14-16-19 - Interoperability.

The governmental agency of this state which adopts standards pursuant to Section 18 [14-16-18 NMSA 1978] may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate, those standards may specify differing levels of standards from which governmental agencies of this state may choose in implementing the most appropriate standard for a particular application.
History:
Laws 2001, ch. 131, § 19.
ANNOTATIONS
Severability.
— Laws 2001, ch. 131, § 20 provided that if any provision of the Uniform Electronic Transactions Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of the act are severable.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 16 - Uniform Electronic Transactions › Section 14-16-20 - Electronic certifications, permits, registrations and licenses.

A governmental agency may provide by rule the manner by which an applicant may satisfy by electronic means all agency requirements relating to certifications, permits, registrations, and licenses including but not limited to obtaining, renewing, reactivating, and reinstating, a professional or occupational certification, permit, registration or license.
History:
Laws 2013, ch. 30, § 2.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 30 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 14 - Records, Rules, Legal Notices, Oaths › Article 16 - Uniform Electronic Transactions › Section 14-16-21 - Electronic certifications, permits, registrations and licenses.

A governmental agency may provide by rule the manner by which an applicant may satisfy by electronic means all agency requirements to obtain, renew, reactivate and reinstate a professional or occupational certification, permit, registration or license.
History:
Laws 2013, ch. 68, § 2.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 68 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.