New Mexico UPL Statute Summary 

New Mexico Statutes, §14-12A-15. Unauthorized Practice of Law 

A. If notarial certificate wording is not provided or indicated for a document, a non-attorney notary public shall not determine the type of notarial act or certificate to be used. 

B. A non-attorney notary public shall not assist another person in drafting, completing, selecting or understanding a document or transaction requiring a notarial act. 

C. This section does not preclude a notary public who is duly 
qualified, trained or experienced in a particular industry or professional field from selecting, drafting, completing or advising on a document or certificate related to a matter within that industry or field. 

D. A notary public shall not claim to have powers, qualifications, rights or privileges that the office of notary public does not provide, including the power to counsel on immigration matters. 

E. A notary public shall not use the term "notario publico" or any equivalent non-English term in any business card, advertisement, notice or sign. 

 Immigration and Nationality Law Practice Act, N. M. S. A. 1978, § 36-3-3 

A. “Immigration Consultant” means any person who renders services, including the completion of forms and applications, to a client where the services are related to the client's desire to determine his legal status in an immigration or naturalization matter and who is beyond the scope of federal regulations regulating appearances and practice under the Immigration and Nationality Act of 19521 as amended. 

B. “Immigration or Naturalization Matter” includes all matters implicating any law, action, filing or proceeding related to a person's immigration or citizenship status in the United States; 

C. “Original Document” means any document of the United States government or any department or agency thereof, any foreign government, any state government or political subdivision thereof or any other document, including signed affidavits, that would demonstrate physical presence by a person in the United States;  and 

D. “Unauthorized Practice of Law” occurs where any person gives legal advice of any kind or acts on behalf of a client in any legal matter without authorization under the Immigration and Nationality Law Practice Act. 

Licensing Agency UPIL Awareness 

The Secretary of State’s office states on the same page as the notary application that a notary public may be removed from office by the Governor if he engages in the unauthorized practice of law. 

Enforcement Mechanisms/Complaint Processes for UPIL 

Victims of Notario Fraud can download a complaint form from the Consumer and Protection Division here and mail it to: 

Consumer Protection Division 
P.O. Drawer 1508 
Santa Fe, NM 87504 

Submit two copies of the complete complaint form and two copies of any supporting documents. Use either black ink or a typewriter. 

The New Mexico Office of Attorney General now accepts complaints online. With New Mexico Office of the Attorney General’s Electronic Complaint Submission (ECS) application, you can submit your complaint to their office without having to fill out paper forms. 

Reporting Ineffective Assistance of Counsel 

To report an attorney for ineffective assistance of counsel, contact the Disciplinary Board of the New Mexico Supreme Court here. 

Contact Information for Relevant Agencies 

Office of the Attorney General: 

Consumer Protection Division 
P.O. Drawer 1508 
Santa Fe, NM 87504 
Tel: (505) 490-4060 
Toll Free: 1-844-255-9210 

Notary Information: 

Office of the New Mexico Secretary of State 
325 Don Gaspar 
Suite 300 
Santa Fe, NM 87501 
Tel: (505) 827-3614 
Toll Free: 1.800.477.3632 

Becoming a Notary Public 

  • A person applying to be a Notary Public must: 
  • Be a resident of New Mexico 
  • Be at least 18 years of age 
  • Be able to read and write the English language 
  • Not have plead guilty or nolo contendre to a felony or been convicted of a felony; and 
  • Not have had a Notary Public commission revoked during the past five years 
  • Download the notary application and instructions 
  • Order a seal or rubber stamp from an office supply store. 

For more information, you may access the Secretary of State’s website and user their Notary Public Division page.