On April 4, 2023, New Mexico Governor Luhan Grisham signed Senate Bill 246 into law. The bill, which becomes effective on June 16, 2023, revises the Revised Uniform Law of Notarial Acts, under Chapter 14, Article 14a of New Mexico statutes.
Included in the amendments is the creation of the term “Automatic Notarial Officer” which is not used by any other state. The term includes the following parties if they are registered with an official stamp from the secretary of state: (a) a judicial officer; (b) the Secretary of State or a full-time staff member of the Secretary’s office while performing a notarial act within the scope of the Secretary’s or staff member’s duties; (c) a county clerk or deputy county clerk while performing a notarial act within the scope of the county clerk’s or deputy county clerk’s duties; and (d) an individual who is a member of the state bar of New Mexico and licensed to practice law. The bill also changes the term “notary public” to “notarial officer” for most sections of Article 14a. The term “notary officer” includes both an automatic notarial officer and a notary public.
Automatic notarial officers may perform the same notarial acts as a notary public, including remote notarial acts. Similar to a notary public, an automatic notarial officer must pass an education course required by the secretary of state, participate in continuing education courses, keep a journal of all notarial acts, and use an official seal or stamp. In addition, the bill removes the provision that a notarial officer authorized to practice law may act with no expiration of authority.
Additional amendments change the requirements for what must be included on a notarial certificate if a notarial act is performed by an automatic notarial officer. Along with a title, an automatic notarial officer must also include as applicable a state bar identification number, judicial district or area, county or notary public commission number and date of commission expiration.
The bill also amends requirements with respect to notary stamps and removes the requirement for an applicant for a notary commission to be a citizen or permanent resident of the United States.
To read more, click here to view New Mexico Senate Bill 246.
