PERFORMING ELECTRONIC NOTARIAL ACTS
Adoption of Administrative Rule 12.9.2 NMAC
On May 30, 2008, the New Mexico Secretary of State filed and adopted administrative rules for performing electronic notarial acts pursuant to the enactment of the Uniform Property Electronic Recording Act, specifically section 14-9A-5(C) NMSA 1978.
The Uniform Property Electronic Recording Act authorizes a county clerk at the option of the clerk, to accept electronic documents for real property recording. The State Commission of Public Records, Information Technology Commission in consultation with the New Mexico County Clerks, formed a work group to adopt standards and draft administrative rules. The rules were adopted and filed on September 15, 2008.
The purpose and objectives for adopting administrative rules for performing electronic notarial acts were to establish standards, guidelines and procedures for notaries public who elect to perform electronic notarial acts. Prior to performing electronic notarial acts a New Mexico commissioned notary public must take an ACCET accredited course on electronic notarization. As this process is technologically complex, we felt it was important that the notary have a good grasp on the fundamentals of electronic notarization and working with digital documents. After completion of this course the commissioned notary must submit to this office their “Certificate of Course Completion in E-notarization” and a “Notification of Intent to Perform Electronic Notarial Acts Form”. Upon receipt, this office will send the notary public a letter confirming that their registration was accepted and they may commence notarizing electronically.
Electronic notarization is like any other notarial act except that it is executed electronically. Prior to performing an electronic notarization a notary public must have the signer in their presence and verify the identity of the signer. During the entire electronic notarization process the notary public must be able to communicate with the signer without the use of electronic devices such as video cameras, telephones, or facsimile machines.