Prohibited Acts and Ethics Flashcards
7 cards from real NM NOTARY practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Prohibited Acts and Ethics flashcards as text
Under New Mexico law, which body may deny, suspend, or revoke a notary's commission for misconduct?
Answer: The Secretary of State
The Secretary of State commissions New Mexico notaries and has authority to deny, refuse to renew, suspend, or revoke commissions for failure to discharge duties.
A New Mexico notary may NOT notarize her own signature primarily because:
Answer: A notary cannot be an impartial witness to her own act
The notary's role is that of an impartial official witness, which is impossible when the notary is the signer.
A title company offers a notary a bonus for every closing she notarizes without asking signers for identification. Accepting this arrangement would be:
Answer: Official misconduct, because identity verification is a legal duty that cannot be bargained away
Skipping identity verification for compensation violates the notary's statutory duties and constitutes misconduct regardless of who assumes liability.
Which fee practice is prohibited for a New Mexico notary?
Answer: Charging more than the maximum fee allowed by state rule for a notarial act
Notaries may charge up to the state-set maximum or nothing at all, but exceeding the maximum fee for a notarial act is prohibited.
A notary's friend asks to borrow her official stamp 'just for one document.' The notary should:
Answer: Refuse, because the stamp must remain under the notary's exclusive control
The official stamp is the notary's exclusive property and allowing anyone else to use it is prohibited.
A signer cannot appear in person but offers to verify his identity over a standard phone call. The notary should:
Answer: Refuse, because a phone call does not satisfy the appearance requirement
An ordinary phone call is not personal appearance; only physical presence or an authorized communication technology procedure for remote notarization satisfies the requirement.
Which situation creates a disqualifying conflict of interest for a New Mexico notary?
Answer: The notary will receive a commission from the sale being notarized
A direct beneficial or financial interest in the transaction, such as a sales commission, disqualifies the notary, while ordinary salaried employment does not.