A. A commission as a notary public or status as an automatic notarial officer does not by itself authorize an individual to: (1) assist persons in drafting legal records, give legal advice or otherwise practice law; (2) act as an immigration consultant or an expert on immigration matters; (3) represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters; or (4) receive compensation for performing any of the activities listed in this subsection. B. A notarial officer shall not engage in false or deceptive advertising. C. A notarial officer, other than an attorney licensed to practice law in this state, shall not use the term "notario" or "notario publico". D. A notarial officer who is not licensed to practice law shall not advertise or represent that the notarial officer may assist persons in drafting legal records, give legal advice or otherwise practice law. If a notarial officer who is not an attorney licensed to practice law in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media and the internet, the notarial officer shall include the following statement or an alternate statement authorized or required by the secretary of state, in the advertisement or representation, prominently and in each language used in the advertisement or representation: "I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.". If the form of advertisement or representation is not broadcast media, print media or the internet and does not permit inclusion of the statement required by this subsection because of size, the statement shall be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed. E. Except as otherwise allowed by law, a notarial officer shall not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notarial officer. F. A notarial officer shall not: (1) perform a notarial act on a blank or incomplete record; (2) certify or authenticate a photograph; (3) perform a notarial act with intent to deceive or defraud; or (4) use the title of notary public, notarial officer or official stamp to endorse, promote, denounce or oppose any product, service, contest, candidate or other offering. G. A notarial officer shall not: (1) make or deliver a certificate of notarial act containing statements that the notarial officer knows to be false; or (2) knowingly perform a notarial act for an individual who does not comply with Section 14-14A-6 NMSA 1978. H. A notarial officer who violates any of the provisions of Subsections A through G of this section is guilty of a misdemeanor for each violation and upon conviction shall be punished by a fine not exceeding one thousand dollars ($1,000) or by imprisonment for a period not exceeding six months, or both. I. An individual who performs a purported notarial act with knowledge that the individual's commission as a notary public has expired or that the individual is otherwise disqualified from being a notarial officer is guilty of a misdemeanor for each purported notarial act and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. History: Laws 2021, ch. 21, § 24; 2023, ch. 110, § 22. The 2023 amendment, effective June 16, 2023, revised provisions related to prohibited acts for notary publics and notarial officers, and made certain technical changes; substituted each occurrence of "notary public" with "notarial officer" throughout the section; in Subsection D, after "A", deleted "notary public" and added "notarial officer who is not licensed to practice law", and after "attorney licensed to practice law", deleted "in this state"; in Subsection G, Paragraph G(2), after "Section", deleted "6 of the Revised Uniform Law on Notarial Acts" and added "14-14A-6 NMSA 1978"; and in Subsection I, after "disqualified from", deleted "the office of notary public or as a" and added "being a", after "guilty of a misdemeanor", added "for each purported notarial act", and after "shall be", deleted "punished by a fine of five hundred dollars ($500) and shall be removed from office by the state ethics commission" and added "sentenced pursuant to the provisions of Section 31-19-1 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. Notary Public Act (repealed) did not provide the exclusive remedy for a claim against a notary public. — Where plaintiff, as the personal representative of decedent's estate, filed a complaint for damages for fraud against defendant, a notary public, alleging that defendant notarized a false affidavit, and where defendant filed a motion for summary judgment, arguing that the Notary Public Act, 14-12-1 to 14-12-26 NMSA 1978 (repealed), required that a claim for misconduct be against the notary public's official bond, and where the district court granted defendant's motion for summary judgment, concluding that a complaint alleging misconduct by a notary public is limited by the Notary Public Act, the district court erred in granting defendant's motion for summary judgment, because the Notary Public Act, 14-12A-9(B) NMSA 1978 (repealed), provided a remedy in the form of a civil action on the notary public's ten-thousand dollar surety bond, but did not provide the exclusive remedy; a plaintiff alleging fraud may recover such damages as are the direct and natural consequences of the reliance on a fraudulent representation. Romero v. Tafoya , 2023-NMCA-024.
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