New Mexico Notaries Public should be aware of the following precautions:
1. A New Mexico "NOTARY PUBLIC" is NOT a "NOTARIO
PUBLICO"
and a New Mexico "NOTARY
PUBLIC" is NOT equivalent to a
"NOTARIO PUBLICO" as in Mexico and in Latin American countries.
A NEW MEXICO NOTARY MAY NOT:
- Prepare Legal Documents
- Counsel On Immigration Matters
- File Immigration Papers
- Or Use The Term "NOTARIO PUBLICO" Or Any Equivalent Non-EnglishTerm In Any Business Card, Advertisement, Notice, or Sign.
2. A notary may not notarize a document that does not
have a notarial certificate.
A
non-attorney notary public shall not determine the type of notarial act or
certificate to be used.
3. Notaries should not notarize documents on which they
are a signer or in which
they are
named.
4. Notaries should not notarize documents or transactions to
which the notary is
a personal beneficiary
(this does not include notaries acting in the scope of their
employment for their employer, such as a
secretary or an office clerk).
5. Notaries may notarize documents when acting in a
professional capacity, such as
a
professional advisor, counselor, agent, or attorney.
6. Because of the notary's need to be impartial, he
should avoid notarizing for
family
members or in any other circumstances when his impartiality
can be questioned or
challenged. A notary cannot notarize his own signature.
7. New Mexico notaries may only perform notarizations
within the state's borders,
and do
not have authority to notarize any document outside of the state of New
Mexico.
8. Notaries must safeguard their seal by keeping it in a secure place when not in use.
9. Although it is not required by law it is recommended
that a notary public keep a
permanently bound journal of his notarial acts.
10. Documents which have been changed or altered with correction
fluid or correction
tape should not
be notarized.