THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.
Bulletin: NM2022002
Bulletins by State or Territory
Bulletins by Country
Bulletin: NM2022002
Dear Associates:
Effective January 1, 2022, the New Mexico Secretary of State implemented new regulations related to the Revised Uniform Laws on Notarial Acts (RULONA), which includes remote online notarizations (RON). These regulations are NMAC 12.9.3.1-16 and NMAC 12.9.4.1-19 and can be found here: RULONA and RON. The Secretary of State’s website also contains FAQs for both RULONA and RON.
RON
The new regulations related to RON contain provisions for applying for RON authorization, RON education and examination, performing a RON notarization, identity proofing, communication technology requirements, electronic signature and stamp requirements, audiovisual record retention and repositories, notarial journal, certificate of RON and standards for RON system providers.
Among other requirements, the regulations require that the RON notary be physically located in New Mexico.
The RON notary must refuse to perform the notarial act if the notary is:
- unable to verify the identity of the individual in compliance with the rules,
- becomes aware that communication technology is not secure,
- determines the signature of the individual cannot be attached to the electronic record, or
- cannot attach the notarial officer’s electronic stamp to the electronic record using technology that renders any subsequent change or modification to the record evident.
If the notary does not personally know the person signing, then the notary must verify the identity of the individual using credential analysis and knowledge-based authentication and visually compare the identity credential and the individual. The regulations contain specific requirements for credential analysis and knowledge-based authentication (NMAC 12.9.4.11. A. and B.).
A RON notary must use the same electronic signature and electronic official stamp for all electronic notarial acts. A copy of the official stamp must be provided to the secretary of state within 45 days of being authorized by the secretary of state to perform RONs and prior to the first RON being performed. The remote notary’s electronic signature and official stamp must be retained under the notarial officer’s sole control and access. All RON system providers must be approved by the secretary of state. The secretary of state’s website will contain a list of active system providers, which is not yet available.
A RON of a signer in another country requires underwriter approval. If the signer is a citizen of a European Union Country senior underwriter approval is needed.
The regulations also provide for use of a certified tangible copy of an electronic record as an original. (NMAC 12.9.4.16.B.).
A list of Stewart approved RON platform vendors can be found here. If you have any questions regarding a Stewart approved platform vendor please contact Amanda Turner at aturner@stewart.com.
OTHER REGULATIONS APPLIACBLE TO NOTARIES IN GENERAL
For RULONA in general the new regulations require each notary to register their official seal once commissioned, and maintain a journal of every notarial act they provide. The official stamp must meet specific requirements and be provided to the secretary of state within 45 days of receiving the commission. An individual wishing to become a notary (and in some circumstances renewing a commission) must take an approved New Mexico Notary Education course and exam. The rules contain specific requirements related to notarial procedures for in person notarizations, fraud prevention and maintaining the journal. The secretary of state website contains a link to training resources.
As a reminder, you are responsible for knowledge of and compliance with the information contained in all Bulletins and Special Alerts as posted on Virtual Underwriter (www.vuwriter.com), whether you receive them by electronic distribution or not.
This Bulletin is not intended to direct your closing practices or to change the provisions of our underwriting agreements. Escrow and settlement services are outside the scope of our agency contract. You must seek the advice of your own legal counsel in making all decisions pertaining to escrow and closing matters under state and federal law. As a reminder, all independent agencies must have all necessary licenses for escrow, closing, and title as required by state law and a valid underwriting agreement with the Company in each state where the Issuing Office is doing business.
If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.
For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.
References
- Bulletins Replaced:
- None
- Related Bulletins:
- Underwriting Manual:
- Exceptions Manual:
- None
- Forms:
- None