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New Mexico Statutes Chapter 14. Records, Rules, Legal Notices, Oaths § 14-14A-2. Definitions

Current as of January 01, 2024 | Updated by Findlaw Staff

In addition to the general definitions provided in Section 12-2A-3 NMSA 1978 of the Uniform Statute and Rule Construction Act, as used in the Revised Uniform Law on Notarial Acts:

A. “acknowledgment” means a declaration by an individual before a notarial officer that:

(1) the individual has signed a record for the purpose stated in the record; and

(2) if the record is signed in a representative capacity, the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record;

B. “automatic notarial officer” means any of the following who has registered an official stamp with the secretary of state:

(1) a judicial officer;

(2) the secretary of state or a full-time staff member of the secretary of state's office while performing a notarial act within the scope of the secretary of state's or staff member's duties;

(3) 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

(4) an individual who is a member of the state bar of New Mexico and licensed to practice law;

C. “electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities;

D. “electronic signature” means an electronic symbol, sound or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record;

E. “foreign state” means a government other than the United States, a state or a federally recognized Indian tribe;

F. “in a representative capacity” means acting as:

(1) an authorized officer, agent, partner, trustee or other representative for a person other than an individual;

(2) a public officer, personal representative, guardian or other representative, in the capacity stated in a record;

(3) an agent or attorney-in-fact for a principal; or

(4) an authorized representative of another in any other capacity;

G. “judicial officer” means:

(1) a judge of a state court of this state;

(2) a special commissioner or hearing officer appointed pursuant to supreme court rule and employed by a state court;

(3) a special master appointed pursuant to supreme court rule or state statute; and

(4) a court clerk or deputy court clerk of a state court of this state;

H. “licensed to practice law” means a person who is a member of the state bar of New Mexico and, based on such membership, is authorized to practice law before the courts of this state;

I. “notarial act” means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. The term includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy and noting a protest of a negotiable instrument, but does not apply to any act that would otherwise be a notarial act if:

(1) the act is performed by a judicial officer within the scope of the judicial officer's duties; and

(2) the record is filed in the court of the judicial officer;

J. “notarial officer” means:

(1) an automatic notarial officer; and

(2) a notary public;

K. “notary public” means an individual commissioned by the secretary of state to be a notary public and authorized by such commission to perform notarial acts pursuant to the Revised Uniform Law on Notarial Acts;

L. “official notary seal” means the great seal of the state of New Mexico, unless the secretary of state has adopted a seal specific for use by notarial officers; provided that as applied to automatic notarial officers, “official notary seal” includes as an option:

(1) for judicial officers, the seal of the court, if the supreme court has approved a seal for such court and the seal has been filed with the secretary of state;

(2) for the secretary of state or a full-time staff member of the secretary of state's office, the seal of the secretary of state, if the secretary of state has approved a seal and the seal has been filed with the secretary of state;

(3) for county clerks or deputy county clerks, the seal of the county, if the board of county commissioners has approved a seal for the county and the seal has been filed with the secretary of state; and

(4) for a person who is licensed to practice law and who is not performing a notarial act pursuant to Paragraphs (1) through (3) of this subsection, a seal approved by the state bar of New Mexico for such purpose and the seal has been filed with the secretary of state;

M. “official stamp” means a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record and includes an official notary seal;

N. “person” also includes a statutory trust, public corporation, government or governmental subdivision, agency or instrumentality;

O. “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

P. “sign” or “subscribe”, when used with present intent to authenticate or adopt a record, means to:

(1) execute or adopt a tangible symbol; or

(2) attach to or logically associate with the record an electronic symbol, sound or process;

Q. “signature” means a tangible symbol or an electronic signature that evidences the signing of a record;

R. “stamping device” means:

(1) a physical device capable of affixing to or embossing on a tangible record an official stamp; or

(2) an electronic device or process capable of attaching to or logically associating with an electronic record an official stamp; and

S. “verification on oath or affirmation” means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true.

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Cite this article: FindLaw.com - New Mexico Statutes Chapter 14. Records, Rules, Legal Notices, Oaths § 14-14A-2. Definitions - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-14-records-rules-legal-notices-oaths/nm-st-sect-14-14a-2/

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