AnalysisNew Mexico joins Arizona, Colorado, Kansas and North Carolina in issuing specific Administrative Rules for electronic notarization. New Mexico's rules are a blend of provisions from Article III of the NNA's Model Notary Act combined with the National E-Notarization Standards adopted by the National Association of Secretaries of State. The statutory authority for the new Administrative Rules was conferred by New Mexico's enactment of the Uniform Real Property Electronic Recording Act, which included a provision that gave the Secretary of State authority to publish rules for electronic notarization.
Curiously, the Rules require a Notary who desires to perform electronic notarizations to successfully complete an educational course, when to become a paper-based Notary one is not required to complete a course. As an accredited course provider of the Accrediting Council of Continuing Education and Training (ACCET), the NNA is well-positioned to provide this educational course to New Mexico Notaries, and the NNA's Electronic Notary Seal meets or exceeds all applicable requirements for an electronic seal.
Read New Mexico Administrative Code Title 12 Chapter 9 Part 2.