A. A notarial officer shall select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notarial officer to perform a notarial act with respect to an electronic record with a technology that the notarial officer has not selected. B. Before performing the notarial officer's initial notarial act with respect to an electronic record, a notarial officer shall notify the secretary of state that the notarial officer will be performing notarial acts with respect to electronic records and identify the technology the notarial officer intends to use. If the secretary of state has established standards for approval of technology pursuant to Section 14-14A-26 NMSA 1978, the technology must conform to the standards. If the technology conforms to those standards, the secretary of state shall approve the use of the technology. History: Laws 2021, ch. 21, § 19; 2023, ch. 110, § 17. The 2023 amendment, effective June 16, 2023, changed each occurrence of "notary public" to "notarial officer" throughout the section; and in Subsection B, after "Section", deleted "26 of the Revised Uniform Law on Notarial Acts" and added "14-14A-26 NMSA 1978". Applicability. — Laws 2021, ch. 21, § 37 provided that the provisions of Laws 2021, ch. 21 apply to notarial acts performed in this state on and after January 1, 2022.
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