§ 14-14A-2. Definitions

In addition to the general definitions provided in Section 12-2A-3 NMSA 1978 of the Uniform Statute and Rule Construction Act, as used in the Revised Uniform Law on Notarial Acts: A. “ acknowledgment ” means a declaration by an individual before a notarial officer that: (1) the individual has signed a record for the purpose stated in the record; and (2) if the record is signed in a representative capacity, the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record; B. “ automatic notarial officer ” means any of the following who has registered an official stamp with the secretary of state: (1) a judicial officer; (2) the secretary of state or a full-time staff member of the secretary of state's office while performing a notarial act within the scope of the secretary of state's or staff member's duties; (3) a county clerk or deputy county clerk while performing a notarial act within the scope of the county clerk's or deputy county clerk's duties; and (4) an individual who is a member of the state bar of New Mexico and licensed to practice law; C. “ electronic ” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities; D. “ electronic signature ” means an electronic symbol, sound or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record; E. “ foreign state ” means a government other than the United States, a state or a federally recognized Indian tribe; F. “ in a representative capacity ” means acting as: (1) an authorized officer, agent, partner, trustee or other representative for a person other than an individual; (2) a public officer, personal representative, guardian or other representative, in the capacity stated in a record; (3) an agent or attorney-in-fact for a principal; or (4) an authorized representative of another in any other capacity; G. “ judicial officer ” means: (1) a judge of a state court of this state; (2) a special commissioner or hearing officer appointed pursuant to supreme court rule and employed by a state court; (3) a special master appointed pursuant to supreme court rule or state statute; and (4) a court clerk or deputy court clerk of a state court of this state; H. “ licensed to practice law ” means a person who is a member of the state bar of New Mexico and, based on such membership, is authorized to practice law before the courts of this state; I. “ notarial act ” means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. The term includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy and noting a protest of a negotiable instrument, but does not apply to any act that would otherwise be a notarial act if: (1) the act is performed by a judicial officer within the scope of the judicial officer's duties; and (2) the record is filed in the court of the judicial officer; J. “ notarial officer ” means: (1) an automatic notarial officer; and (2) a notary public; K. “ notary public ” means an individual commissioned by the secretary of state to be a notary public and authorized by such commission to perform notarial acts pursuant to the Revised Uniform Law on Notarial Acts; L. “ official notary seal ” means the great seal of the state of New Mexico, unless the secretary of state has adopted a seal specific for use by notarial officers; provided that as applied to automatic notarial officers, “ official notary seal ” includes as an option: (1) for judicial officers, the seal of the court, if the supreme court has approved a seal for such court and the seal has been filed with the secretary of state; the great seal of the state of New Mexico, unless the secretary of state has adopted a seal specific for use by notarial officers; provided that as applied to automatic notarial officers, “ official notary seal ” includes as an option: (1) for judicial officers, the seal of the court, if the supreme court has approved a seal for such court and the seal has been filed with the secretary of state; (2) for the secretary of state or a full-time staff member of the secretary of state's office, the seal of the secretary of state, if the secretary of state has approved a seal and the seal has been filed with the secretary of state; (3) for county clerks or deputy county clerks, the seal of the county, if the board of county commissioners has approved a seal for the county and the seal has been filed with the secretary of state; and (4) for a person who is licensed to practice law and who is not performing a notarial act pursuant to Paragraphs (1) through (3) of this subsection, a seal approved by the state bar of New Mexico for such purpose and the seal has been filed with the secretary of state; M. “ official stamp ” means a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record and includes an official notary seal; N. “ person ” also includes a statutory trust, public corporation, government or governmental subdivision, agency or instrumentality; O. “ record ” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; P. “ sign ” or “ subscribe ”, when used with present intent to authenticate or adopt a record, means to: (1) execute or adopt a tangible symbol; or (2) attach to or logically associate with the record an electronic symbol, sound or process; Q. “ signature ” means a tangible symbol or an electronic signature that evidences the signing of a record; R. “ stamping device ” means: (1) a physical device capable of affixing to or embossing on a tangible record an official stamp; or (2) an electronic device or process capable of attaching to or logically associating with an electronic record an official stamp; and S. “ verification on oath or affirmation ” means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true.