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Executive Order

NM Governor Executive Orders (Remote Notarization)

Notary Law Update: NM Governor Executive Orders (Remote Notarization)

State: New Mexico

Summary:

New Mexico Governor Grisham has issued an executive order allowing Notaries to temporarily perform notarial acts on paper documents using audio-video technology for personal appearance.

Signed:  March 31, 2020

Effective:  March 31, 2020

Chapter: N/A

Affects:

All New Mexico Notaries Public.

Changes:
  1. Directs the Notary Commission Enforcement Unit not to recommend any form of discipline for any Notary who performs a notarial act through audio-video technology provided that certain conditions, as specified in the Order, are met.
  2. Provides that to satisfy the "presence" requirement in New Mexico Statutes Annotated 14-12A-7(B)(1), (C)(l), and (D)(1)-(2), the technology used must provide for direct interaction between the person seeking the Notary's services, the Notary, and any required witnesses, and each party must affirmatively state that he or she is located in New Mexico during the video conference.
  3. Provides that if the person seeking the Notary's services or any witnesses are not personally known to the Notary, each person who is not personally known must present satisfactory evidence of identity (e.g., a valid state-issued photo identification) during the video conference to satisfy the requirements of New Mexico Statutes Annotated 14-12A-7(B)(2).
  4. Requires the person seeking the Notary's services must transmit by fax or electronic means a legible copy of the signed document directly to any required witnesses and then to the Notary on the same day it was signed.
  5. Provides that once the Notary has received a legible copy of the document with all necessary signatures, the Notary may notarize the document and transmit the notarized document back to the person seeking the Notary's services.
  6. Clarifies that the Governor will not impose any form of discipline on a Notary public who performs a notarial act that meets the all of the requirements during the pendency of this Order, since a notarial act meeting the requirements substantially complies with the NPA and will adequately guarantee the integrity of the notarial act.
  7. Provides that these temporary special requirements permitting audio-visual technology to be used for notarial acts shall only apply to all notarial acts performed during the pendency of this Order and shall not apply to notarial acts performed at any other time.
  8. Clarifies that this Order supersedes any previous orders, proclamations, or directives in conflict.
  9. Provides that this Executive Order shall take effect immediately and shall remain in effect until June 20, 2020.
Analysis:

New Mexico Governor Grisham issues an executive order allowing Notaries to temporarily provide notarizations on paper documents using audio-video technology. The order is similar to the number of other governor executive orders we have seen during the COVID-19 pandemic. New Mexico's is unique in that the Governor expressly directs the Notary Commission Enforcement Unit, which brings Notary violations to the Governor for action, not to bring any cases against Notaries who perform notarial acts in compliance with Order 2020-015. Furthermore, the Governor doubles down and says she will not bring any discipline against a Notary who follows the Order, since following the Order adequately ensures the integrity of the notarial act. Notaries who perform these types of notarizations must follow all of the Order's requirements, and only perform them while the order is in force. 

Read the executive order.

  • On June 1, 2020, Governor Grisham issued Executive Order 2020-036, extending Executive Order 2020-015 through July 1, 2020 (See #3 in particular).
  • On June 30, 2020, Governor Grisham issued Executive Order 2020-053, which continued Executive Order 2020-036 through July 30, 2020.
  • On July 30, 2020, Governor Grisham issued Executive Order 2020-055, which continued Executive Order 2020-053 through August 28, 2020.
  • On August 28, 2020, Governor Grisham issued Executive Order 2020-059, which continued Executive Order 2020-055 through September 18, 2020.
  • On September 18, 2020, Governor Grisham issued Executive Order 2020-064, which continued Executive Order 2020-059 through October 16, 2020.
  • On October 16, 2020, Governor Grisham issued Executive Order 2020-073, which continued Executive Order 2020-064 through November 13, 2020.

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