reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.209 - AMENDMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A record is created for the amendment that bears the file
				  number for the amendment and the date and time of filing.
A. The record of the amendment is associated
				with the record of the related initial financing statement in a manner that
				causes the amendment to be retrievable each time a record of the financing
				statement is retrieved.
B. The name
				and address of each additional debtor and secured parties are entered into the
				UCC information management system in the record of the financing statement.
				Each such additional debtor name is added to the searchable index and are not
				removed until at least one year after the financing statement lapses. The
				filing office may choose to make debtor names which have lapsed by more than a
				year available in the search index.
C. If the amendment is a continuation, a new
				lapse date is established for the financing statement and maintained as part of
				its record.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.210 - INFORMATION STATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A record is created for the information statement that bears
				  the file number for the information statement and the date and time of filing.
				  The record of the information statement is associated with the record of the
				  related initial financing statement in a manner that causes the information
				  statement to be retrievable each time a record of the financing statement is
				  retrieved.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.212 - ARCHIVES - GENERAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Paper UCC
				documents.
(1) Storage. Paper UCC records are
				stored off site at the state records center and archives.
(2) Retention. Six years after record is
				filed.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.213 - ARCHIVES - DATA RETENTION

Current through Register Vol. 35, No. 13, July 16, 2024
All active data in the UCC information management system
				  relating to financing statements is retained off site at the state records
				  center and archives and are retrievable.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.214 - ARCHIVAL SEARCHES

Current through Register Vol. 35, No. 13, July 16, 2024
All UCC data in the information management system is
				  available for search on a computer work station located in the filing office or
				  on the agency's web site (
www.sos.state.nm.us
).
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.215 - NOTICE OF BANKRUPTCY

Current through Register Vol. 35, No. 13, July 16, 2024
The filing officer takes no action upon receipt of a
				  notification, formal or informal, of a bankruptcy proceeding involving a debtor
				  named in the UCC information management system. Accordingly, financing
				  statements will lapse as scheduled unless properly continued.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.298 - SEARCH REQUESTS AND REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
The filing officer maintains for public inspection a
				  searchable index for all records of UCC documents that provides for the
				  retrieval of a record by the name of the debtor and by the file number of the
				  initial financing statement to which the record relates and which associates
				  with one another each initial financing statement and each filed UCC document
				  relating to the initial financing statement.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.299 - SEARCHES OF UCC RECORDS NOT CONDUCTED BY FILING OFFICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Search requests received by the filing
				office will be returned without processing.
B. The filing office will provide a search
				engine on its web site (
www.sos.state.nm.us
) for use by anyone
				wanting a search of a record. There is no fee for unlimited use of the search
				engine. The search logic utilized by the search engine is provided in
				12.6.2.300 NMAC and on the agency's web site.
C. The filing office also provides on its web
				site a search engine that provides non-standard search options. This
				non-standard search engine and its search results do not meet standard Revised
				Article 9 search logic and are merely provided for the convenience of the
				searcher.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.300 - RULES APPLIED TO SEARCH REQUESTS

Current through Register Vol. 35, No. 13, July 16, 2024
Search results are created by applying standardized search
				  logic to the name entered into the search program. Human judgment does not play
				  a role in determining the results of the search. The following, and only the
				  following rules are applied to searches conducted by the filing office search
				  engine.
A. There is no limit to the
				number of matches that may be returned in response to the search
				criteria.
B. No distinction is made
				between upper and lower case letters.
C. Punctuation marks and accents are
				disregarded.
D. Words and
				abbreviations at the end of a name that indicate the existence or nature of an
				organization as set forth in the "Ending Noise Words" list as promulgated and
				adopted by the international association of corporation administrators as from
				time to time, are disregarded (e.g., company, limited, incorporated,
				corporation, limited partnership, limited liability company or abbreviations of
				the foregoing).
E. The word "the"
				at the beginning of the search criteria is disregarded.
F. All spaces are disregarded. For first
				personal name and additional name(s) or initial(s) of individuals, initials are
				treated as the logical equivalent of all names that begin with such initials,
				and no middle name or initial is equated with all middle names and initials.
				For example, a search request for "John A. Smith" would cause the search to
				retrieve all filings against all individual debtors with "John" or "J." as the
				first personal name, "Smith" as the individual's surname, and with the initial
				"A" or any name beginning with "A" in the additional name(s) or initial(s)
				field. If the search request were for "John Smith" (first and last names with
				no designation in the middle name field), the search would retrieve all filings
				against individual debtors with "John" or "J." as the first personal name,
				"Smith" as the surname and with any name or initial or no name or initial in
				the middle name field.
G. After
				taking the preceding rules into account to modify the name of the debtor
				requested to be searched and to modify the names of debtors contained in active
				financing statements in the UCC information management system, the search will
				reveal only names of debtors that are contained in active financing statements
				(unless inactive records are requested) and, as modified, exactly match the
				name requested, as modified.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.395 - FILING OFFICE RULES

Current through Register Vol. 35, No. 13, July 16, 2024
The filing officer shall adopt rules of practice describing
				  their objective, the nature and requirements of formal and informal procedures
				  to file UCC records, including an identification of the forms required to file
				  UCC documents, and methods available to access UCC records.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.396 - PROCEDURE FOR ADOPTION OF RULES

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to the adoption, amendment, or repeal of these
				  rules, the filing officer shall comply with all rules and procedures
				  promulgated by the New Mexico State Records Center and
				  Archives.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 6 - BUSINESS PRACTICES - UNIFORM COMMERCIAL CODE › Part 2 - FILING PROVISIONS › Section 12.6.2.397 - AUTHORITY TO ADOPT RULES

Current through Register Vol. 35, No. 13, July 16, 2024
Rules on the administration of the UCC are adopted pursuant
				  to Section
				  55-9-526 NMSA
				  1978 and are intended to implement Section
				  55-9-501
				  through Section
				  55-9-526 NMSA
				  1978.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 7 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS › Part 2 - CENTRAL FILING OF SECURITY INTERESTS FOR AGRICULTURAL PRODUCTS › Section 12.7.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Food Security Act (USDA), New Mexico Farm Products Secured
				  Interests Act, Sections
				  56-13-1 to
				  56-13-14
				  NMSA 1978.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 7 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS › Part 2 - CENTRAL FILING OF SECURITY INTERESTS FOR AGRICULTURAL PRODUCTS › Section 12.7.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 1, 1998, unless a different date is cited at the end
				  of a section or paragraph.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in
					 brackets.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 7 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS › Part 2 - CENTRAL FILING OF SECURITY INTERESTS FOR AGRICULTURAL PRODUCTS › Section 12.7.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The development of a statewide centralized system for the
				  filing of effective financing statements or notices of such financing
				  statements with the office of the secretary of state. As required by New Mexico
				  law, the secretary of state shall design and implement the central filing
				  system and shall function as the system operator. Therefore, in conjunction
				  with the implementation of the central filing system and to ensure proper usage
				  and maintenance of the system (as intended by federal and state law), the
				  secretary of state issues the following rules and
				  regulations.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 7 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS › Part 2 - CENTRAL FILING OF SECURITY INTERESTS FOR AGRICULTURAL PRODUCTS › Section 12.7.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Buyer in the
				ordinary course of business" means a person who, in the ordinary course of
				business, buys farm products from a person engaged in farming operations who is
				in the business of selling farm products.
B. "Central filing system" means the system
				for filing effective financing statements established by the secretary of state
				pursuant to Section 4 [56-13-4
				NMSA 1978] of the Farm Products Secured Interest Act.
C. "Commission merchant" means any person
				engaged in the business of receiving any farm product for sale, on commission
				or for or on behalf of another person.
D. "Crop year" for crops grown in soil is the
				year in which the crop(s) are harvested or are to be harvested. The crop year
				for animals is the calendar year in which they are born or acquired. The crop
				year for poultry and eggs is the year in which they are sold or are to be
				sold.
E. "Debtor" means the person
				subjecting a farm product to a security interest.
F. "Effective financing statement"
(1) means a statement that:
(a) is an original or reproduced copy
				thereof;
(b) is signed and filed by
				the secured party in the office of the secretary of state;
(c) is signed by the debtor;
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 7 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS › Part 2 - CENTRAL FILING OF SECURITY INTERESTS FOR AGRICULTURAL PRODUCTS › Section 12.7.2.8 - FILING AN EFFECTIVE FINANCING STATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. An effective financing statement (form
				EFS-1) must be filed with the office of the secretary of state. Upon receipt,
				the EFS-1 will be stamped with the date and time received which will be used as
				the date of filing. The fee for filing an effective financing statement is
				eleven dollars and fifty cents ($11.50) if filed on the form prescribed by the
				secretary of state. The fee for the use of non-standard forms is an additional
				three dollars ($3.00). In addition, the fee for attachments to an effective
				financing statement submitted for filing is fifty cents ($.50) per page. An
				EFS-1 must be signed by the debtor(s) and the secured party or
				parties.
B. Effective financing
				statements may only be used to file a security interest only on a farm
				product(s) produced in New Mexico. The county in which the farm product(s) is
				produced must be identified on the EFS-1. A code identifying the county must be
				provided as well as the name of the county.
C. The crop year for each product must be
				identified on the EFS-1. If no crop year is identified, then all years covered
				by the filing will be presumed.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 7 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS › Part 2 - CENTRAL FILING OF SECURITY INTERESTS FOR AGRICULTURAL PRODUCTS › Section 12.7.2.9 - AMENDING AN EFFECTIVE FINANCING STATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. An existing EFS-1 may be amended by filing
				an amended effective financing statement (form EFS-2) with the office of the
				secretary of state. The fee for filing form EFS-2 is eleven dollars and fifty
				cents ($11.50) if the form prescribed by the secretary of state is utilized. An
				additional three dollars ($3.00) will be charged for non-standard forms. The
				fee for attachments filed with an EFS-2 is fifty cents ($.50) per page. An
				amendment requires the signatures of the debtor(s) and the secured party or
				parties.
B. If a written
				explanation is not submitted with the amendment identifying what portion of the
				original filing is being amended or the reason for the amendment, then the
				amendment as submitted will replace the original filing in its
				entirety.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 7 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS › Part 2 - CENTRAL FILING OF SECURITY INTERESTS FOR AGRICULTURAL PRODUCTS › Section 12.7.2.10 - CONTINUING OR TERMINATING AN EFFECTIVE FINANCING STATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Form EFS-3
				(continuation or termination of an effective financing statement) must be used
				to continue or terminate an existing effective financing statement.
B. An EFS-3 is filed with the office of the
				secretary of state and must include the signatures of all secured party(ies) if
				filed to continue an existing financing statement. The effectiveness of the
				original effective financing statement will be continued for five (5) years
				from the last date to which the filing was effective.
C. The signatures of all secured parties are
				required if an EFS-3 is filed to terminate an existing financing
				statement.
D. Continuation or
				termination fees are:
(1) the fee for filing a
				continuation or a termination is eleven dollars and fifty cents ($11.50) if
				filed on the EFS-3 form prescribed by the secretary of state;
(2) the use of a non-standard form is an
				additional three dollars ($3.00) or fourteen dollars and fifty cents ($14.50)
				if an EFS-3 is not used;
(3) an
				additional fifty cents ($.50) per page for each additional page filed as an
				attachment.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 7 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS › Part 2 - CENTRAL FILING OF SECURITY INTERESTS FOR AGRICULTURAL PRODUCTS › Section 12.7.2.11 - QUARTERLY REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				quarter, the secretary of state prepares listings of farm products as requested
				by registered buyers. The listings are provided according to farm product; and
(1) in alphabetical order according to the
				last name of the individual debtors (for those debtors doing business other
				than as individuals, the first word in the name of such debtor); or
(2) in numerical order according to the
				social security number of the debtor (for those debtors doing business other
				than as individuals, the internal revenue service taxpayer identification
				number); or
(3) geographically by
				county; or
(4) by crop
				year.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 7 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS › Part 2 - CENTRAL FILING OF SECURITY INTERESTS FOR AGRICULTURAL PRODUCTS › Section 12.7.2.12 - REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Buyers of farm
				products, commission merchants, selling agents and other persons must register
				with the secretary of state to receive the quarterly reports identified in
				Section 11 [now 12.7.2.11 NMAC]. Registration is thirty dollars ($30.00)
				annually and must be made on the form prescribed by the secretary of state
				(Form EFS-4). The secretary of state will mail renewal notices to registrants
				of record at the beginning of each calendar year.
B. Upon registering, the registrant must
				indicate the types of reports requested and the desired medium (paper or
				microfiche). The type of sequence, whether alphabetical or numerical, and the
				type of listing (regular, special or master) must also be indicated. All fees
				(registration plus lists) must be paid at the time of registration by check or
				money order made payable to the secretary of state.
C. Registrations are effective on the date
				that a properly completed form and all required fees are accepted by the
				secretary of state. Fees for quarterly reports will be pro-rated based on
				twenty-five percent (25%) of the annual fee for each report requested. If a
				registrant registers before the last ten (10) days preceding the end of a
				quarter, the fee paid will also include a charge for the most current quarterly
				listing for the product(s) requested (at twenty-five percent (25%) of the
				annual fee per listing). The registration fee is not pro-rated.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 7 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS › Part 2 - CENTRAL FILING OF SECURITY INTERESTS FOR AGRICULTURAL PRODUCTS › Section 12.7.2.13 - INQUIRIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any person may
				request from the office of the secretary of state information regarding
				particular debtors. The request may be made either in person, by telephone or
				in writing. At the time the inquiry is made, the operations division staff will
				search the computerized database of agricultural filing records and provide
				orally a preliminary confirmation of the debtor(s). A written confirmation of
				the search and the information provided will be mailed to the inquiring party
				before the end of the next business day.
B. Inquiries may be made Monday through
				Friday, with the exception of official state holidays, between the hours of
				8:30 a.m. to noon and 1:30 p.m. to 4:00 p.m. (mountain time). If systems are
				down for any other unforeseen reason, the secretary of state will suspend
				inquiries until the office is prepared to resume such functions.
C. The fee for each inquiry, which includes
				the oral response and the confirmation notice, is fifteen dollars ($15.00) per
				debtor name or any variation of that name. A billing of the inquiry will be
				included with the written confirmation, and payment must be made within fifteen
				(15) calendar days. The inquiring party will be responsible for any
				communication expenses.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 8 - TRADE PRACTICES AND REGULATIONS › Part 2 - MINIMUM STANDARDS FOR SURVEYING IN NEW MEXICO › Section 12.8.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Board of Licensure for Professional Engineers and
				  Professional Surveyors, 2550 Cerrillos Road, Santa Fe, NM 87507, telephone:
				  (505) 476-4565, website:
www.sblpes.state.nm.us
.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 8 - TRADE PRACTICES AND REGULATIONS › Part 2 - MINIMUM STANDARDS FOR SURVEYING IN NEW MEXICO › Section 12.8.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions for Part 2 apply to licensed professional
				  surveyors engaging in the practice of surveying and to licensed professional
				  engineers who are authorized by the Engineering and Surveying Practice
				  Act.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 8 - TRADE PRACTICES AND REGULATIONS › Part 2 - MINIMUM STANDARDS FOR SURVEYING IN NEW MEXICO › Section 12.8.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section 61-23-10(D) prescribes that "the
				  professional surveying committee shall adopt and promulgate rules of
				  professional responsibility exclusive to the practice of surveying. All such
				  bylaws and rules shall be binding upon all individuals licensed pursuant to the
				  Engineering and Surveying Practice Act."
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 8 - TRADE PRACTICES AND REGULATIONS › Part 2 - MINIMUM STANDARDS FOR SURVEYING IN NEW MEXICO › Section 12.8.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
5/01/2007, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 8 - TRADE PRACTICES AND REGULATIONS › Part 2 - MINIMUM STANDARDS FOR SURVEYING IN NEW MEXICO › Section 12.8.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of part 2 is to define the types of surveying,
				  and to establish a minimum standard of professional competency and performance
				  to govern the performance of surveying and other survey-related services by
				  licensed professional surveyors in New Mexico. It is the responsibility of the
				  licensee to meet or exceed the minimum standards contained herein and to apply
				  the technical knowledge and skill that would be applied by other qualified
				  licensees performing the same task in the same area at the same time.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 8 - TRADE PRACTICES AND REGULATIONS › Part 2 - MINIMUM STANDARDS FOR SURVEYING IN NEW MEXICO › Section 12.8.2.8 - REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Whenever a professional surveyor or a professional engineer
				  undertakes any surveying as authorized in the Engineering and Surveying
				  Practice Act, the licensee shall determine which type of surveying activity is
				  being conducted from the definitions in Subsection A of 12. 8.2.7 NMAC shall
				  then conform to the requirements set forth in
				  12.8.2.9 NMAC
				  through
				  12.8.2.14
				  NMAC for that type of surveying and must also comply with accuracy standards in
				  12.8.2.16
				  NMAC when applicable. If the surveying is not defined, then the surveyor shall
				  conform to the requirements for unclassified surveying set forth in
				  12.8.2.15
				  NMAC.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 8 - TRADE PRACTICES AND REGULATIONS › Part 2 - MINIMUM STANDARDS FOR SURVEYING IN NEW MEXICO › Section 12.8.2.9 - BOUNDARY SURVEYING

Current through Register Vol. 35, No. 13, July 16, 2024
When performing a boundary survey, the surveyor shall be
				  responsible for accomplishing all of the following.
A. Obtain copies of relevant documents
				necessary to perform the survey.
B.
				Review recorded plats and plats known to and available to the surveyor that are
				germane to the tract being surveyed.
C. Make a site visit and inspect the subject
				property and look for evidence of existing monuments and for evidence of
				possession and usage.
D. Determine
				the relative location on the ground of all found existing monuments which
				pertain to the survey using procedures which achieve the minimum accuracy
				standards in
				12.8.2.16
				NMAC.
E. Tag found monuments which
				are accepted by the surveyor and pertain to the boundary being surveyed with a
				metal tag, bearing the surveyor's license number, attached to the monument with
				a metal wire or strap; monuments set by a government agency which are clearly
				identified by their markings need not be tagged.
F. Set new monuments in conformance with
				12.8.2.17
				NMAC at all corners of the tract being surveyed using procedures which achieve
				the minimum accuracy standards in
				12.8.2.16
				NMAC, unless a permanent monument already exists.
G. Follow the rules and procedures, except
				for the accuracy and monumentation standards, in the applicable
manual
				of surveying instructions
for the survey of the public lands of the
				U.S., prepared by the United States bureau of land management, if the tract
				being surveyed pertains to the United States survey of public lands in any way
				including the following:
(1) is a section or
				an aliquot part of a section;
(2)
				is a small holding claim, private claim, land grant, mining claim or any other
				tract described in the manual of instructions for the survey of the public
				lands of the United States (
manual of surveying
				instructions
);
(3)
				has a boundary which is a boundary of a tract described in Paragraph (1) and
				(2) of Subsection G of 12.8.2.9 NMAC;
(4) prior surveys and physical evidence
				within and adjacent to the section being surveyed should be carefully
				considered as evidence of original corner locations.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 8 - TRADE PRACTICES AND REGULATIONS › Part 2 - MINIMUM STANDARDS FOR SURVEYING IN NEW MEXICO › Section 12.8.2.10 - IMPROVEMENT LOCATION REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Improvement location reporting is the preparation of an improvement location
				report which is a narrative report, which may be accompanied by a sketch, and
				which is issued only to a title, abstract or escrow company or a lending
				institution for their exclusive use; it shall not be represented by the
				surveyor as being a property boundary survey.
B. If the report contains a sketch, the
				sketch shall contain the following words which are printed as large and as
				prominently as any other words upon the sketch: "This report is not for use by
				a property owner for any purpose. This is not a boundary survey and may not be
				sufficient for the survey exception from an owner's title policy. It may or may
				not reveal encroachments, overlaps, conflicts in boundary lines, shortages in
				area, or other matters which would be disclosed by an accurate boundary
				survey."
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 8 - TRADE PRACTICES AND REGULATIONS › Part 2 - MINIMUM STANDARDS FOR SURVEYING IN NEW MEXICO › Section 12.8.2.11 - TOPOGRAPHIC SURVEYING

Current through Register Vol. 35, No. 13, July 16, 2024
On topographic surveys with contour lines, the vertical
				  accuracy of ninety percent of the points tested shall be within one half of the
				  contour interval, unless otherwise stated on the survey. Every topographic map
				  shall comply with
				  12.8.2.14
				  and
				  12.8.2.16
				  NMAC.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 8 - TRADE PRACTICES AND REGULATIONS › Part 2 - MINIMUM STANDARDS FOR SURVEYING IN NEW MEXICO › Section 12.8.2.12 - EASEMENT SURVEYING

Current through Register Vol. 35, No. 13, July 16, 2024
A. When
				performing easement surveying, the surveyor shall use procedures in any field
				measurements which achieve the minimum accuracy standards in
				12.8.2.16
				NMAC.
B. If the easement does not
				run parallel to a boundary of the tract in which it is located, then the
				surveyor shall prepare a plat which shows the dimensions of the easement and
				conforms with Paragraphs (1), (2), (3), (4), (5) and (6) of Subsection J of
				12.8.2.9 NMAC,
				and complies with one of the following:
(1)
				shows ties to record monuments at the beginning and ending of the easement and
				at least at every mile along the easement; or
(2) shows the coordinates of the beginning,
				ending and all angle points in accordance with the New Mexico coordinate system
				and shows the grid bearing and ground distance between said points;
				or
(3) shows ties to existing
				corners of a subdivision in which the easement is located.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 8 - TRADE PRACTICES AND REGULATIONS › Part 2 - MINIMUM STANDARDS FOR SURVEYING IN NEW MEXICO › Section 12.8.2.13 - RIGHT OF WAY SURVEYING

Current through Register Vol. 35, No. 13, July 16, 2024
When performing right of way surveying, the surveyor shall
				  do all of the following.
A. Obtain a
				copy of the last recorded deed for the tract(s) affected by the existing or
				contemplated right of way and obtain copies of all existing right of way maps
				and conveyance documents available.
B. Obtain a copy of all available, relevant
				recorded plats and all plats and maps known to be available to the surveyor for
				the tract(s) affected by the existing or contemplated right of way.
C. Make a diligent search on the ground,
				including the use of a metal detector, for all existing monuments, which
				pertain to the property boundaries intersecting the public highway right of way
				corridor being surveyed.
D.
				Determine the relative location on the ground of all found existing monuments,
				which pertain to the survey using procedures to achieve the minimum accuracy
				standards in
				12.8.2.16
				NMAC.
E.
[RESERVED]
F. Set new
				monuments conforming to
				12.8.2.17
				NMAC on the right of way limit lines at all changes in direction and at all
				points where property lines intersect, using procedures which achieve the
				minimum accuracy standards in
				12.8.2.16
				NMAC, unless a permanent monument exists; when monumenting existing right of
				way limit lines, monuments at intersecting property lines need not be
				set.
G. Follow the rules and
				procedures, except for the accuracy and monumentation standards, in the manual
				of instructions for the survey of the public lands of the United States
				(
manual of surveying instructions
) prepared by
				the United States bureau of land management, if the tract being surveyed
				pertains to the United States survey of public lands in any way including the
				following:
(1) is a section or an aliquot part
				of a section;
(2) is a small
				holding claim, private claim, land grant, mining claim or any other tract
				described in the manual of instructions for the survey of the public lands of
				the United States (
manual of surveying
				instructions
);
(3)
				has a boundary which is a boundary of a tract described in Subsection G of
				12.8.2.13 NMAC, paragraphs (1) or (2) above.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 8 - TRADE PRACTICES AND REGULATIONS › Part 2 - MINIMUM STANDARDS FOR SURVEYING IN NEW MEXICO › Section 12.8.2.15 - UNCLASSIFIED SURVEYING

Current through Register Vol. 35, No. 13, July 16, 2024
When a surveyor does surveying of a type not described in
				  these standards, the surveyor shall do all that is necessary to fully determine
				  and report all information which is relevant to the project. The scope of the
				  project may be stated and limited. The surveyor shall not prepare or sign a
				  document, which could mislead or misinform. If a surveyor issues a plat with
				  the surveyor's signature and seal, which was not required by these minimum
				  standards, the plat shall comply with the applicable portions of Subsection J
				  of 12. 8.2.9 NMAC.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 8 - TRADE PRACTICES AND REGULATIONS › Part 2 - MINIMUM STANDARDS FOR SURVEYING IN NEW MEXICO › Section 12.8.2.16 - ACCURACY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Topographic map
				accuracy standards.
(1) The required
				horizontal and vertical accuracy of a topographic map produced by field
				procedures or photogrammetric methods shall be determined on a project by
				project basis and shall meet the accuracy standards set forth in the current
				American society for photogrammetry and remote sensing (ASPRS) positional
				accuracy standards for digital geospatial data. accuracy testing and reporting
				shall be pursuant to the current 'ASPRS positional accuracy standards for
				digital geospatial data'. Accuracy testing and reporting shall be pursuant to
				the current 'ASPRS positional accuracy standards for digital geospatial data'
				as well.
(2)
[RESERVED]
(3)
[RESERVED]
(4)
				Accuracy reporting - If testing by an independent source of higher accuracy has
				not or cannot be followed, the final topographic map shall contain the
				following statement: "This map has been produced according to procedures that
				have been demonstrated to produce data that meets or exceeds the
minimum standards
for a topographic map compiled at a scale of
				(insert map scale here) with a contour interval of (insert contour interval
				here)." If testing by an independent source of higher accuracy has been
				conducted pursuant to the guidelines contained herein, the final topographic
				map shall contain the following statement: "This map has been tested from an
				independent source of higher accuracy and meets the
Minimum
				Standards
for a topographic map compiled at a scale of (insert map
				scale here) with a contour interval of (insert contour interval
				here)."
(5) Alteration of original
				mapping (scale): When the presentation scale of a map is other than that of the
				compilation scale, that fact shall be stated in the legend. "This map is an
				enlargement of a 1:2,400 map" or "This map is a reduction of a 1"=200'
				map."
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 8 - TRADE PRACTICES AND REGULATIONS › Part 2 - MINIMUM STANDARDS FOR SURVEYING IN NEW MEXICO › Section 12.8.2.18 - GENERAL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Authority.
These rules are authorized by the Engineering and Surveying
				Practice Act.
B.
Penalties.
The New Mexico board of licensure for professional engineers
				and professional surveyors may take those actions prescribed in the Engineering
				and Surveying Practice Act against any surveyor who has been found in violation
				of these standards, or against non-licensed practitioners.
C.
Disclaimers.
Any disclaimer
				by a surveyor purporting to disavow compliance with any of these standards is
				prohibited.
D.
Certifications.
Professional surveyors should be prepared to certify to
				those things required in the execution of their duties and those mandated by
				law or rule. They should be cautious, however, in certifying only to conditions
				and facts falling within their areas of competency. Certification language that
				goes beyond the obligations prescribed by law and the responsibilities assumed
				by the surveyor in the normal course of boundary surveying should be carefully
				considered by the surveyor before signing and sealing any document.
E.
Interpretation.
The words
				"offers surveying services to the public" as used in Paragraph B of Section
				61-23-27(10), NMSA 1978, includes the certification by a surveyor of a plat or
				map which may be used by the public.
F.
Advisory Opinions.
The
				surveying committee of the board of licensure may issue its opinion explaining
				the application of these standards to a specific situation.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 9 - NOTARIES PUBLIC › Part 3 - NOTARIAL PROCEDURES › Section 12.9.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The rule applies to notarial acts, notaries public and other
				  notarial officers pursuant to the Revised Uniform Laws on Notarial Acts
				  (RULONA).
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 9 - NOTARIES PUBLIC › Part 3 - NOTARIAL PROCEDURES › Section 12.9.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is authorized by Section 14-14A-26 NMSA
				  1978.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 9 - NOTARIES PUBLIC › Part 3 - NOTARIAL PROCEDURES › Section 12.9.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2022, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 9 - NOTARIES PUBLIC › Part 3 - NOTARIAL PROCEDURES › Section 12.9.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of the rule is to establish standards,
				  guidelines, procedures, fees, and responsibilities under the Revised Uniform
				  Laws on Notarial Acts.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 9 - NOTARIES PUBLIC › Part 3 - NOTARIAL PROCEDURES › Section 12.9.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"County
				clerk duties"
means the official duties performed by the county clerk or
				deputy county clerk as determined by the county clerk.
B.
"Deputy county clerk"
means a
				person authorized by the county clerk to be a deputy county clerk and who has
				taken an oath of office.
C.
"Electronic record"
means a record as defined pursuant to
				Subsection 7 of Section
				14-16-2 NMSA 1978 and includes but
				is not limited to a PDF or Microsoft Word file.
D.
"In-person electronic
				notarization"
means that an electronic record is presented for
				notarization on a computer or mobile device with the individual signing the
				record and the notarial officer meeting physically face-to-face.
E.
"Remote online notarization
				(RON)"
means that an electronic record is presented for notarization and
				the individual signing the record and the notary public meet face-to-face
				online and communicate using communication technology.
F.
"Tamper evident"
means any
				change to the record provides evidence of the change.
G.
"Tangible copy"
means a
				physical paper copy of an electronic record or tangible record.
H.
"Tangible record"
means a
				physical paper record with an original written signature.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 9 - NOTARIES PUBLIC › Part 3 - NOTARIAL PROCEDURES › Section 12.9.3.8 - APPLYING FOR OR RENEWING A NOTARY PUBLIC COMMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A person applying for or renewing a notary
				public commission shall apply electronically or by paper application using the
				prescribed application form issued by the secretary of state. An applicant
				shall use the applicant's name as it appears on the applicant's state issued
				identification. In addition to meeting the requirements pursuant to Subsection
				B of Section
				14-14A-20 NMSA 1978, the applicant
				shall provide:
(1) proof of having
				successfully completed an approved training course and passing the required
				examination. If the secretary of state has a record that a notary public
				applying for renewal has previously passed the required examination, a notary
				public applying for renewal is not required to re-take the training and
				examination unless:
(a) the applicant's
				commission has expired for more than one year; or
(b) there have been substantial changes to
				the statutes or rules pertaining to notarial procedures, as determined by the
				secretary of state, since the applicant's last application date; and
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 9 - NOTARIES PUBLIC › Part 3 - NOTARIAL PROCEDURES › Section 12.9.3.9 - SUSPENSION OR REVOCATION OF A NOTARY PUBLIC COMMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon the state ethics commission making a
				determination to deny, refuse to renew, revoke, suspend or impose a condition
				on a notary public pursuant to Subsection A of Section 14-14A-22 NMSA 1978, the
				state ethics commission shall notify the secretary of state in writing of the
				recommended action and reason for the determination.
B. Upon receipt of notification from the
				state ethics commission that a notary public's commission has been suspended or
				revoked, the secretary of state shall update the electronic database of
				notaries public maintained pursuant to Section 14-14A-23 NMSA 1978.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 9 - NOTARIES PUBLIC › Part 3 - NOTARIAL PROCEDURES › Section 12.9.3.10 - EDUCATION AND EXAMINATION PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The secretary of state shall provide
				regular training and administration of an examination pursuant to Subsection B
				of Section
				14-14A-21 NMSA 1978. Training may
				be provided by the secretary of state or through any third-party training
				vendor approved by the secretary of state.
B. The fee for providing the training and
				examination is not included in the application fee collected pursuant to
				12.9.3.8 NMAC.
C. A notary public applicant and an automatic
				notarial officer shall provide proof of passing the required examination with a
				score of eighty percent or higher.
D. Examination records maintained by
				third-party vendors, including the applicant's score, shall be retained for
				five years.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 9 - NOTARIES PUBLIC › Part 3 - NOTARIAL PROCEDURES › Section 12.9.3.11 - TECHNOLOGY FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A notary
				public or notarial officer may charge the maximum fees pursuant to Section
				14-14A-28 NMSA 1978 with a fee not to exceed $25.00 for each remote notarial
				act.
B. For an in-person
				notarization of an electronic record, the notary public shall follow the fee
				structure established pursuant to Subsection C of Section 14-14A-28 NMSA
				1978.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 9 - NOTARIES PUBLIC › Part 3 - NOTARIAL PROCEDURES › Section 12.9.3.12 - NOTARIAL PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Notarial
				procedures for tangible records. The individual and the notarial officer shall
				meet physically face-to-face, and the notarial officer shall determine whether
				the requirements of Section 14-14A-4 NMSA 1978 have been met and shall verify
				the identity of the individual appearing before the officer in accordance with
				Section 14-14A-6 NMSA 1978. The notarial officer shall:
(1) ensure the individual uses permanent ink
				in a photo-reproducible color to sign the record;
(2) ensure the notarial certificate meets the
				requirements of Subsection C of Section 14-14A-14 NMSA 1978, sign the
				certificate using permanent ink and affix the official stamp to the record;
				and,
(3) if the notarial officer is
				a notary public or otherwise required to keep a journal pursuant to Subsection
				E of Section 14-14A-18 NMSA 1978, chronicle or note the notarization in a paper
				or electronic journal in accordance with Section 14-14A-18 NMSA 1978.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 9 - NOTARIES PUBLIC › Part 3 - NOTARIAL PROCEDURES › Section 12.9.3.13 - PREVENTING FRAUD OR MISTAKES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				A notarial officer shall only notarize a record when the signer is either
				physically face to face or face to face online with the notarial
				officer.
B. A notarial officer
				shall determine the signer's identity from personal knowledge or satisfactory
				evidence pursuant to Section 14-14A-6 NMSA 1978 before performing a notarial
				act. When obtaining satisfactory evidence of the identity of the signer
				pursuant to Paragraph (1) of Subsection B of Section 14-14A-6 NMSA 1978, the
				notarial officer shall review the name, birth date, photo, or other available
				data elements on an identification document of the signer to make a
				determination regarding to the identity of the signer.
C. A notarial officer shall only enter the
				actual date of a notarial act (not an earlier or later date) on a
				record.
D. A notarial officer shall
				not share or publish his or her official stamp.
New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 9 - NOTARIES PUBLIC › Part 3 - NOTARIAL PROCEDURES › Section 12.9.3.14 - OFFICIAL STAMP

Current through Register Vol. 35, No. 13, July 16, 2024
A. The official
				stamp of a commissioned notary public shall conform to the requirements
				pursuant to Section
				14-14A-16 NMSA 1978 and shall also
				include the words "Notary Public" and "State of New Mexico."
B. The official stamp of a notarial officer
				that is not a commissioned notary public shall conform to the requirements
				pursuant to Section
				14-14A-16 NMSA 1978 and shall also
				include the words "Notarial Officer" and "State of New Mexico."
C. The official stamp shall conform to the
				following requirements:
(1) be 10-point
				type;
(2) if the stamp is affixed
				to a tangible record, it shall be applied in permanent ink and shall be capable
				of being photocopied; and
(3)
				include the notarial officer's official notary seal, as defined in Subsection L
				of 14-14A-2 NMSA 1978.