New Mexico Administrative Code
Title 12 - TRADE, COMMERCE AND BANKING
Chapter 9 - NOTARIES PUBLIC
Part 4 - REMOTE ONLINE NOTARIZATION STANDARDS
Section 12.9.4.14 - AUDIOVISUAL RECORD RETENTION AND REPOSITORIES
Current through Register Vol. 35, No. 18, September 24, 2024
A. A notarial officer authorized to perform RONs shall retain an audiovisual recording required under Paragraph (4) of Subsection C of Section 14-14A-5 NMSA 1978, on a computer, storage device, or online storage that protects the audiovisual recording against unauthorized access by password or cryptographic process. The recording must be created in an open file format and not include images of any record in which a remotely located individual made a statement or on which the remotely located individual executed a signature.
B. On the death or adjudication of incompetency of a current or former notarial officer, the notarial officer's personal representative or guardian or any other person knowingly in possession of an audiovisual recording shall:
C. A notarial officer, a guardian, conservator, or agent of a notarial officer, or a personal representative of a deceased notarial officer may, by written contract, engage a third person to act as a secure repository to provide the storage required by this Subsection. The contract shall: