As used in the Uniform Law on Notarial Acts [14-14-1 to 14-14-11 NMSA 1978]:

A. "notarial act" means any act that a notary public of this state is authorized to perform and includes taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy and noting a protest of a negotiable instrument;

B. "acknowledgment" means a declaration by a person that the person has executed an instrument for the purposes stated therein and, if the instrument is executed in a representative capacity, that the person signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein;

C. "verification upon oath or affirmation" means a declaration that a statement is true made by a person upon oath or affirmation;

D. "in a representative capacity" means:

(1) for and on behalf of a corporation, partnership, trust or other entity, as an authorized officer, agent, partner, trustee or other representative;

(2) as a public officer, personal representative, guardian or other representative, in the capacity recited in the instrument;

(3) as an attorney in fact for a principal; or

(4) in any other capacity as an authorized representative of another; and

E. "notarial officer" means a notary public or other officer authorized to perform notarial acts.

History: Laws 1993, ch. 281, § 1.

Cross references. — For administration of oath, see 14-13-1 NMSA 1978.

For administration of affirmation in lieu of oath, see 14-13-2 NMSA 1978.

For form of oath to jurors on voir dire in civil cases, see UJI 13-102 NMRA.

For form of oath to jurors on voir dire in criminal cases, see UJI 14-122 NMRA.

For form of oath to impaneled jurors in criminal cases, see UJI 14-123 NMRA.

Law reviews. — For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Acknowledgments § 4; 23 Am. Jur. 2d Deeds § 106.

1A C.J.S. Acknowledgments §§ 33, 37 and 38.