[Rev. 11/21/2013 10:20:52 AM--2013]

CHAPTER 240 - NOTARIES PUBLIC AND COMMISSIONED ABSTRACTERS

NOTARIES PUBLIC

General Provisions

NRS 240.001           Definitions. [Effective through December 31, 2013.]

NRS 240.001           Definitions. [Effective January 1, 2014.]

NRS 240.002           “Acknowledgment” defined.

NRS 240.0025         “Credible witness” defined.

NRS 240.0028         “Domestic partners” defined. [Effective January 1, 2014.]

NRS 240.003           “In a representative capacity” defined.

NRS 240.0035         “Jurat” defined.

NRS 240.004           “Notarial act” defined.

NRS 240.005           “Notarial officer” defined.

NRS 240.0055         “Notarial record” defined.

NRS 240.0063         “Notary public” defined. [Effective January 1, 2014.]

NRS 240.0065         “Person” defined. [Effective January 1, 2014.]

NRS 240.0067         “State” defined. [Effective January 1, 2014.]

NRS 240.007           Information and documents filed with or obtained by Secretary of State: Public examination; confidentiality; disclosure.

 

Appointment and Practice

NRS 240.010           Appointment by Secretary of State; cancellation of appointment; unlawful acts; injunctive relief.

NRS 240.015           General qualifications; expiration of appointment after termination of lawful admission for permanent residency in United States; conditions for appointment of resident of adjoining state.

NRS 240.017           Regulations of Secretary of State.

NRS 240.018           Courses of study for mandatory training of notaries public; fees; persons required to enroll in and successfully complete course of study; Notary Public Training Account. [Effective through February 28, 2014.]

NRS 240.018           Courses of study for mandatory training of notaries public; fees; persons required to enroll in and successfully complete course of study; Notary Public Training Account; disposition of excess fees. [Effective March 1, 2014.]

NRS 240.020           Powers limited to areas within this State; term of office.

NRS 240.030           Application for appointment; oath and bond; fingerprints; additional requirements for resident of adjoining state; commencement of term; fee for original, duplicate or amended certificate of appointment.

NRS 240.031           Annual submission of copy of business license by resident of adjoining state.

NRS 240.033           Requirements for bond; notification of exhaustion of penal sum; release of surety; suspension of appointment; reinstatement of appointment.

NRS 240.036           Amended certificate of appointment: Required for certain changes in information; suspension for failure to obtain; fee; issuance.

NRS 240.040           Use of stamp; embossed notarial seal not required; requirements of stamp; storage of stamp.

NRS 240.045           Replacement of lost or inoperable stamp; prerequisite to production of stamp.

NRS 240.051           Actions required upon resignation or death of notary public.

NRS 240.060           Powers of notary public.

NRS 240.061           Performance of authorized notarial acts; restricted notarial acts. [Effective January 1, 2014.]

NRS 240.062           Personal knowledge of identity. [Effective January 1, 2014.]

NRS 240.063           Evidentiary effect of signature; limitations on evidentiary effect of certification of documents.

NRS 240.065           Restrictions on powers of notary public; exception. [Effective through December 31, 2013.]

NRS 240.065           Restrictions on powers of notary public; exception. [Effective January 1, 2014.]

NRS 240.075           Prohibited acts.

NRS 240.085           Advertisements in language other than English to contain notice if notary public is not an attorney; penalties.

NRS 240.100           Fees for services; additional fees for travel expenses; notarial acts performed within and outside scope of employment.

NRS 240.110           Posting of table of fees.

NRS 240.120           Journal of notarial acts: Duty to maintain; contents; verification based upon credible witness; copy of entry; storage; period of retention; report of loss or theft; exceptions. [Effective through December 31, 2013.]

NRS 240.120           Journal of notarial acts: Duty to maintain; contents; verification based upon credible witness; copy of entry; storage; period of retention; report of loss or theft; exceptions. [Effective January 1, 2014.]

NRS 240.130           Only authorized fees to be charged.

NRS 240.143           Unlawful possession of certain personal property of notary public.

NRS 240.145           Unlawful reproduction or use of completed notarial certificate; penalty.

NRS 240.147           Unlawful destruction, defacement or concealment of notarial record.

NRS 240.150           Liability for misconduct or neglect; liability of employer; penalties for willful violation or neglect of duty; procedure upon revocation or suspension.

NRS 240.155           Notarization of signature of person not in presence of notary public unlawful; penalty.

 

Uniform Law on Notarial Acts

NRS 240.161           Short title; uniformity of application and construction.

NRS 240.1635         Notarial acts in this State. [Effective through December 31, 2013.]

NRS 240.1635         Notarial acts in this State. [Effective January 1, 2014.]

NRS 240.164           Notarial acts in other jurisdictions of United States.

NRS 240.1645         Notarial acts under federal authority.

NRS 240.165           Foreign notarial acts. [Effective through December 31, 2013.]

NRS 240.165           Foreign notarial acts. [Effective January 1, 2014.]

NRS 240.1655         Notarial acts. [Effective through December 31, 2013.]

NRS 240.1655         Notarial acts. [Effective January 1, 2014.]

NRS 240.1657         Authentication of signature of notarial officer by Secretary of State.

NRS 240.166           Short form for acknowledgment in individual capacity.

NRS 240.1663         Short form for administering oath or affirmation of office.

NRS 240.1665         Short form for acknowledgment in representative capacity.

NRS 240.1667         Short form for acknowledgment containing power of attorney.

NRS 240.167           Short form for execution of jurat.

NRS 240.168           Short form for certifying copy of document.

NRS 240.1685         Short form for jurat of subscribing witness.

NRS 240.169           Short form for acknowledgment of credible witness.

 

Electronic Notary Public Authorization Act

NRS 240.181           Short title.

NRS 240.182           Definitions.

NRS 240.183           “Electronic” defined.

NRS 240.184           “Electronic document” defined.

NRS 240.185           “Electronic notarial act” defined.

NRS 240.186           “Electronic notary public” defined.

NRS 240.187           “Electronic seal” defined.

NRS 240.188           “Electronic signature” defined.

NRS 240.189           Applicability.

NRS 240.191           Appointment by Secretary of State; cancellation of appointment; unlawful acts; injunctive relief.

NRS 240.192           Application for appointment; oath and bond; additional requirements for resident of adjoining state; commencement of term; fee for original, duplicate or amended certificate of appointment.

NRS 240.193           Requirements for bond; notification of exhaustion of penal sum; release of surety; suspension of appointment; reinstatement of appointment.

NRS 240.194           Term of office; suspension of appointment by operation of law; changes of information.

NRS 240.195           Courses of study required; persons required to successfully complete course of study; fees.

NRS 240.196           Powers of electronic notary public.

NRS 240.197           Fees for services; additional fees for travel expenses; notarial acts performed within and outside scope of employment.

NRS 240.198           Notarization of signature of person not in presence of notary public unlawful; penalty; notarization of certain electronic documents prohibited; powers limited to areas within this State.

NRS 240.199           Evidence of electronic notarial act.

NRS 240.201           Duty to keep journal of electronic notarial acts; suspension of appointment for failure to produce journal entry; delivery of notarial records to Secretary of State upon resignation, revocation or expiration of appointment.

NRS 240.202           Use of electronic signature and electronic seal; safeguarding of electronic signature, electronic seal and notarial records; maintenance of technology or device used to create electronic signature.

NRS 240.203           Notice to Secretary of State of resignation or death of notary public or revocation or expiration of appointment; duty to erase, delete, destroy or otherwise render ineffective the notary’s electronic signature technology or device.

NRS 240.204           Unlawful acts.

NRS 240.205           Authentication of signature of electronic notary public by Secretary of State.

NRS 240.206           Regulations.

COMMISSIONED ABSTRACTERS

NRS 240.240           Creation of office.

NRS 240.250           Appointment and commission.

NRS 240.260           Term of office.

NRS 240.270           Fee for commission; oath and bond.

NRS 240.280           Seal.

NRS 240.290           Acts may be performed anywhere in State.

NRS 240.300           Powers.

NRS 240.310           Fees.

NRS 240.320           Revocation of commission.

NRS 240.330           Penalties.

_________

NOTARIES PUBLIC

General Provisions

      NRS 240.001  Definitions. [Effective through December 31, 2013.]  As used in NRS 240.001 to 240.206, inclusive, unless the context otherwise requires, the words and terms defined in NRS 240.002 to 240.0055, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1995, 187; A 1997, 930; 1999, 74; 2001, 652; 2003, 606; 2005, 2274; 2009, 3026)

      NRS 240.001  Definitions. [Effective January 1, 2014.]  As used in NRS 240.001 to 240.206, inclusive, unless the context otherwise requires, the words and terms defined in NRS 240.002 to 240.0067, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1995, 187; A 1997, 930; 1999, 74; 2001, 652; 2003, 606; 2005, 2274; 2009, 3026; 2013, 1376, effective January 1, 2014)

      NRS 240.002  “Acknowledgment” defined.  “Acknowledgment” means a declaration by a person that he or she 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.

      (Added to NRS by 1995, 187)

      NRS 240.0025  “Credible witness” defined.  “Credible witness” means a person who:

      1.  Swears or affirms that the signer of a document is the person whom he or she claims to be; and

      2.  Is known personally to the signer of the document and the notarial officer.

      (Added to NRS by 2003, 606)

      NRS 240.0028  “Domestic partners” defined. [Effective January 1, 2014.]  “Domestic partners” has the meaning ascribed to it in NRS 122A.030.

      (Added to NRS by 2013, 1375, effective January 1, 2014)

      NRS 240.003  “In a representative capacity” defined.  “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.

      (Added to NRS by 1995, 188)

      NRS 240.0035  “Jurat” defined.  “Jurat” means a declaration by a notarial officer that the signer of a document signed the document in the presence of the notarial officer and swore to or affirmed that the statements in the document are true.

      (Added to NRS by 2003, 606)

      NRS 240.004  “Notarial act” defined.  “Notarial act” means an act that a notarial officer of this state is authorized to perform. The term includes:

      1.  Taking an acknowledgment;

      2.  Administering an oath or affirmation;

      3.  Certifying a copy;

      4.  Executing a jurat;

      5.  Noting a protest of a negotiable instrument; and

      6.  Performing such other duties as may be prescribed by a specific statute.

      (Added to NRS by 1995, 188; A 1995, 1597; 1997, 930; 2003, 606)

      NRS 240.005  “Notarial officer” defined.  “Notarial officer” means a notary public or an officer authorized to perform notarial acts.

      (Added to NRS by 1995, 188)

      NRS 240.0055  “Notarial record” defined.  “Notarial record” means:

      1.  The journal that a notary public is required to keep pursuant to NRS 240.120;

      2.  The journal that an electronic notary public is required to keep pursuant to NRS 240.201; and

      3.  A document or other evidence retained by a notary public or an electronic notary public to record the performance of a notarial act or an electronic notarial act.

      (Added to NRS by 2009, 3018)

      NRS 240.0063  “Notary public” defined. [Effective January 1, 2014.]  “Notary public” means a person appointed to perform a notarial act by the Secretary of State pursuant to NRS 240.010.

      (Added to NRS by 2013, 1375, effective January 1, 2014)

      NRS 240.0065  “Person” defined. [Effective January 1, 2014.]  “Person” means a natural person.

      (Added to NRS by 2013, 1375, effective January 1, 2014)

      NRS 240.0067  “State” defined. [Effective January 1, 2014.]  “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

      (Added to NRS by 2013, 1375, effective January 1, 2014)

      NRS 240.007  Information and documents filed with or obtained by Secretary of State: Public examination; confidentiality; disclosure.

      1.  Except as otherwise provided in subsections 2 and 3, information and documents filed with or obtained by the Secretary of State pursuant to NRS 240.001 to 240.206, inclusive, are public information and are available for public examination.

      2.  Information and documents filed with or obtained by the Secretary of State pursuant to or in accordance with subsection 3 of NRS 240.010 are not public information and are confidential.

      3.  Except as otherwise provided in subsections 4 and 5 and in NRS 239.0115, information and documents obtained by or filed with the Secretary of State in connection with an investigation concerning a possible violation of the provisions of NRS 240.001 to 240.206, inclusive, are not public information and are confidential.

      4.  The Secretary of State may submit any information or evidence obtained in connection with an investigation concerning a possible violation of the provisions of NRS 240.001 to 240.206, inclusive, to the appropriate district attorney for the purpose of prosecuting a criminal action.

      5.  The Secretary of State may disclose any information or documents obtained in connection with an investigation concerning a possible violation of the provisions of NRS 240.001 to 240.206, inclusive, to an agency of this State or a political subdivision of this State.

      (Added to NRS by 1999, 74; A 2005, 2274; 2007, 2066; 2009, 3026)

Appointment and Practice

      NRS 240.010  Appointment by Secretary of State; cancellation of appointment; unlawful acts; injunctive relief.

      1.  The Secretary of State may appoint notaries public in this State.

      2.  The Secretary of State shall not appoint as a notary public a person:

      (a) Who submits an application containing a substantial and material misstatement or omission of fact.

      (b) Whose previous appointment as a notary public in this State has been revoked.

      (c) Who, except as otherwise provided in subsection 3, has been convicted of:

             (1) A crime involving moral turpitude; or

             (2) Burglary, conversion, embezzlement, extortion, forgery, fraud, identity theft, larceny, obtaining money under false pretenses, robbery or any other crime involving misappropriation of the identity or property of another person or entity,

Ê if the Secretary of State is aware of such a conviction before the Secretary of State makes the appointment.

      (d) Against whom a complaint that alleges a violation of a provision of this chapter is pending.

      (e) Who has not submitted to the Secretary of State proof satisfactory to the Secretary of State that the person has enrolled in and successfully completed a course of study provided pursuant to NRS 240.018.

      3.  A person who has been convicted of a crime involving moral turpitude may apply for appointment as a notary public if the person provides proof satisfactory to the Secretary of State that:

      (a) More than 10 years have elapsed since the date of the person’s release from confinement or the expiration of the period of his or her parole, probation or sentence, whichever is later;

      (b) The person has made complete restitution for his or her crime involving moral turpitude, if applicable;

      (c) The person possesses his or her civil rights; and

      (d) The crime for which the person was convicted is not one of the crimes enumerated in subparagraph (2) of paragraph (c) of subsection 2.

      4.  A notary public may cancel his or her appointment by submitting a written notice to the Secretary of State.

      5.  It is unlawful for a person to:

      (a) Represent himself or herself as a notary public appointed pursuant to this section if the person has not received a certificate of appointment from the Secretary of State pursuant to this chapter.

      (b) Submit an application for appointment as a notary public that contains a substantial and material misstatement or omission of fact.

      6.  The Secretary of State may request that the Attorney General bring an action to enjoin any violation of paragraph (a) of subsection 5.

      [1:22:1907; RL § 2762; NCL § 4732] + [Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL § 4765] + [4:22:1907; added 1913, 31; 1919 RL § 2764; NCL § 4735]—(NRS A 1959, 220; 1975, 1519; 1979, 24; 1995, 190; 1997, 930; 2005, 2275; 2007, 1097; 2009, 3027)

      NRS 240.015  General qualifications; expiration of appointment after termination of lawful admission for permanent residency in United States; conditions for appointment of resident of adjoining state.

      1.  Except as otherwise provided in this section, a person appointed as a notary public must:

      (a) During the period of his or her appointment, be a citizen of the United States or lawfully admitted for permanent residency in the United States as verified by the United States Citizenship and Immigration Services.

      (b) Be a resident of this State.

      (c) Be at least 18 years of age.

      (d) Possess his or her civil rights.

      2.  If a person appointed as a notary public ceases to be lawfully admitted for permanent residency in the United States during his or her appointment, the person shall, within 90 days after his or her lawful admission has expired or is otherwise terminated, submit to the Secretary of State evidence that the person is lawfully readmitted for permanent residency as verified by the United States Citizenship and Immigration Services. If the person fails to submit such evidence within the prescribed time, the person’s appointment expires by operation of law.

      3.  The Secretary of State may appoint a person who resides in an adjoining state as a notary public if the person:

      (a) Maintains a place of business in the State of Nevada that is licensed pursuant to chapter 76 of NRS and any applicable business licensing requirements of the local government where the business is located; or

      (b) Is regularly employed at an office, business or facility located within the State of Nevada by an employer licensed to do business in this State.

Ê If such a person ceases to maintain a place of business in this State or regular employment at an office, business or facility located within this State, the Secretary of State may suspend the person’s appointment. The Secretary of State may reinstate an appointment suspended pursuant to this subsection if the notary public submits to the Secretary of State, before his or her term of appointment as a notary public expires, the information required pursuant to subsection 2 of NRS 240.030.

      (Added to NRS by 1985, 1204; A 1993, 261; 1995, 190; 1997, 931; 2005, 1581; 2009, 3027)

      NRS 240.017  Regulations of Secretary of State.  The Secretary of State:

      1.  May adopt regulations:

      (a) Prescribing the procedure for the appointment and mandatory training of a notary public.

      (b) Establishing procedures for the notarization of digital or electronic signatures.

      2.  Shall adopt regulations prescribing the form of each affidavit required pursuant to subsection 2 of NRS 240.030.

      (Added to NRS by 1985, 1204; A 1995, 191; 1997, 931; 2001, 652; 2007, 1098)

      NRS 240.018  Courses of study for mandatory training of notaries public; fees; persons required to enroll in and successfully complete course of study; Notary Public Training Account. [Effective through February 28, 2014.]

      1.  The Secretary of State may:

      (a) Provide courses of study for the mandatory training of notaries public. Such courses of study must include at least 4 hours of instruction relating to the functions and duties of notaries public.

      (b) Charge a reasonable fee to each person who enrolls in a course of study for the mandatory training of notaries public.

      2.  A course of study provided pursuant to this section must comply with the regulations adopted pursuant to subsection 1 of NRS 240.017.

      3.  The following persons are required to enroll in and successfully complete a course of study provided pursuant to this section:

      (a) A person applying for appointment as a notary public for the first time.

      (b) A person renewing his or her appointment as a notary public, if the appointment has expired for a period greater than 1 year.

      (c) A person renewing his or her appointment as a notary public, if during the immediately preceding 4 years the person has been fined for failing to comply with a statute or regulation of this State relating to notaries public.

Ê A person who holds a current appointment as a notary public is not required to enroll in and successfully complete a course of study provided pursuant to this section if the person is in compliance with all of the statutes and regulations of this State relating to notaries public.

      4.  The Secretary of State shall deposit the fees collected pursuant to paragraph (b) of subsection 1 in the following manner:

      (a) Seventy-five percent of the fees collected must be deposited in the State General Fund.

      (b) Twenty-five percent of the fees collected must be deposited in the Notary Public Training Account which is hereby created in the State General Fund. The Account must be administered by the Secretary of State. Any interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward. All claims against the Account must be paid as other claims against the State are paid. The money in the Account may be expended:

             (1) To pay for expenses related to providing courses of study for the mandatory training of notaries public, including, without limitation, the rental of rooms and other facilities, advertising, travel and the printing and preparation of course materials; or

             (2) For any other purpose authorized by the Legislature.

      (Added to NRS by 2001, 651; A 2007, 1098; 2010, 26th Special Session, 6, 87; 2011, 443)

      NRS 240.018  Courses of study for mandatory training of notaries public; fees; persons required to enroll in and successfully complete course of study; Notary Public Training Account; disposition of excess fees. [Effective March 1, 2014.]

      1.  The Secretary of State may:

      (a) Provide courses of study for the mandatory training of notaries public. Such courses of study must include at least 4 hours of instruction relating to the functions and duties of notaries public.

      (b) Charge a reasonable fee to each person who enrolls in a course of study for the mandatory training of notaries public.

      2.  A course of study provided pursuant to this section must comply with the regulations adopted pursuant to subsection 1 of NRS 240.017.

      3.  The following persons are required to enroll in and successfully complete a course of study provided pursuant to this section:

      (a) A person applying for appointment as a notary public for the first time.

      (b) A person renewing his or her appointment as a notary public, if the appointment has expired for a period greater than 1 year.

      (c) A person renewing his or her appointment as a notary public, if during the immediately preceding 4 years the person has been fined for failing to comply with a statute or regulation of this State relating to notaries public.

Ê A person who holds a current appointment as a notary public is not required to enroll in and successfully complete a course of study provided pursuant to this section if the person is in compliance with all of the statutes and regulations of this State relating to notaries public.

      4.  The Secretary of State shall deposit the fees collected pursuant to paragraph (b) of subsection 1 in the Notary Public Training Account which is hereby created in the State General Fund. The Account must be administered by the Secretary of State. Any interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward. All claims against the Account must be paid as other claims against the State are paid. The money in the Account may be expended:

      (a) To pay for expenses related to providing courses of study for the mandatory training of notaries public, including, without limitation, the rental of rooms and other facilities, advertising, travel and the printing and preparation of course materials; or

      (b) For any other purpose authorized by the Legislature.

      5.  At the end of each fiscal year, the Secretary of State shall reconcile the amount of the fees collected pursuant to paragraph (b) of subsection 1 and the expenses related to administering the training of notaries public pursuant to this chapter and deposit any excess fees received with the State Treasurer for credit to the State General Fund.

      (Added to NRS by 2001, 651; A 2007, 1098; 2010, 26th Special Session, 6, 87; 2011, 443; 2013, 3475, effective March 1, 2014)

      NRS 240.020  Powers limited to areas within this State; term of office.  A person appointed as a notary public pursuant to this chapter may perform notarial acts in any part of this state for a term of 4 years, unless sooner removed. Such an appointment does not authorize the person to perform notarial acts in another state.

      [Part 2:22:1907; RL § 2763; NCL § 4733]—(NRS A 1975, 1519; 1997, 931)

      NRS 240.030  Application for appointment; oath and bond; fingerprints; additional requirements for resident of adjoining state; commencement of term; fee for original, duplicate or amended certificate of appointment.

      1.  Each person applying for appointment as a notary public must:

      (a) At the time the applicant submits his or her application, pay to the Secretary of State $35.

      (b) Take and subscribe to the oath set forth in Section 2 of Article 15 of the Constitution of the State of Nevada as if the applicant were a public officer.

      (c) Submit to the Secretary of State proof satisfactory to the Secretary of State that the applicant has enrolled in and successfully completed a course of study provided pursuant to NRS 240.018.

      (d) Enter into a bond to the State of Nevada in the sum of $10,000, to be filed with the clerk of the county in which the applicant resides or, if the applicant is a resident of an adjoining state, with the clerk of the county in this State in which the applicant maintains a place of business or is employed. The applicant must submit to the Secretary of State a certificate issued by the appropriate county clerk which indicates that the applicant filed the bond required pursuant to this paragraph.

      (e) If required by the Secretary of State, submit:

             (1) A complete set of the fingerprints of the applicant and written permission authorizing the Secretary of State to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

             (2) A fee established by regulation of the Secretary of State which must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

      2.  In addition to the requirements set forth in subsection 1, an applicant for appointment as a notary public who resides in an adjoining state must submit to the Secretary of State with the application:

      (a) An affidavit setting forth the adjoining state in which the applicant resides, the applicant’s mailing address and the address of the applicant’s place of business or employment that is located within the State of Nevada;

      (b) A copy of the applicant’s state business license issued pursuant to chapter 76 of NRS and any business license required by the local government where the business is located, if the applicant is self-employed; and

      (c) Unless the applicant is self-employed, a copy of the state business license of the applicant’s employer, a copy of any business license of the applicant’s employer that is required by the local government where the business is located and an affidavit from the applicant’s employer setting forth the facts which show that the employer regularly employs the applicant at an office, business or facility which is located within the State of Nevada.

      3.  In completing an application, bond, oath or other document necessary to apply for appointment as a notary public, an applicant must not be required to disclose his or her residential address or telephone number on any such document which will become available to the public.

      4.  The bond, together with the oath, must be filed and recorded in the office of the county clerk of the county in which the applicant resides when the applicant applies for the appointment or, if the applicant is a resident of an adjoining state, with the clerk of the county in this State in which the applicant maintains a place of business or is employed. On a form provided by the Secretary of State, the county clerk shall immediately certify to the Secretary of State that the required bond and oath have been filed and recorded. Upon receipt of the application, fee and certification that the required bond and oath have been filed and recorded, the Secretary of State shall issue a certificate of appointment as a notary public to the applicant.

      5.  The term of a notary public commences on the effective date of the bond required pursuant to paragraph (d) of subsection 1. A notary public shall not perform a notarial act after the effective date of the bond unless the notary public has been issued a certificate of appointment.

      6.  Except as otherwise provided in this subsection, the Secretary of State shall charge a fee of $10 for each duplicate or amended certificate of appointment which is issued to a notary. If the notary public does not receive an original certificate of appointment, the Secretary of State shall provide a duplicate certificate of appointment without charge if the notary public requests such a duplicate within 60 days after the date on which the original certificate was issued.

      [2:39:1864; A 1865, 407; 1883, 82; 1949, 69; 1943 NCL § 4715] + [3:39:1864; A 1911, 361; RL § 2746; NCL § 4716]—(NRS A 1973, 386; 1979, 77; 1981, 325; 1983, 706; 1985, 1205; 1987, 1113; 1989, 148; 1995, 191, 1595; 1997, 931; 1999, 74; 2001, 652; 2007, 44, 1099; 2009, 3028; 2011, 1608)

      NRS 240.031  Annual submission of copy of business license by resident of adjoining state.  A notary public who is a resident of an adjoining state shall submit to the Secretary of State annually, within 30 days before the anniversary date of his or her appointment as a notary public, a copy of the state business license of the place of employment of the notary public in the State of Nevada issued pursuant to chapter 76 of NRS, a copy of any license required by the local government where the business is located and the information required pursuant to subsection 2 of NRS 240.030.

      (Added to NRS by 1997, 929; A 2009, 3029)

      NRS 240.033  Requirements for bond; notification of exhaustion of penal sum; release of surety; suspension of appointment; reinstatement of appointment.

      1.  The bond required to be filed pursuant to NRS 240.030 must be executed by the person applying to become a notary public as principal and by a surety company qualified and authorized to do business in this State. The bond must be made payable to the State of Nevada and be conditioned to provide indemnification to a person determined to have suffered damage as a result of an act by the notary public which violates a provision of NRS 240.001 to 240.169, inclusive. The surety company shall pay a final, nonappealable judgment of a court of this State that has jurisdiction, upon receipt of written notice of final judgment. The bond may be continuous but, regardless of the duration of the bond, the aggregate liability of the surety does not exceed the penal sum of the bond.

      2.  If the penal sum of the bond is exhausted, the surety company shall notify the Secretary of State in writing within 30 days after its exhaustion.

      3.  The surety bond must cover the period of the appointment of the notary public, except when a surety is released.

      4.  A surety on a bond filed pursuant to NRS 240.030 may be released after the surety gives 30 days’ written notice to the Secretary of State and notary public, but the release does not discharge or otherwise affect a claim filed by a person for damage resulting from an act of the notary public which is alleged to have occurred while the bond was in effect.

      5.  The appointment of a notary public is suspended by operation of law when the notary public is no longer covered by a surety bond as required by this section and NRS 240.030 or the penal sum of the bond is exhausted. If the Secretary of State receives notice pursuant to subsection 4 that the bond will be released or pursuant to subsection 2 that the penal sum of the bond is exhausted, the Secretary of State shall immediately notify the notary public in writing that his or her appointment will be suspended by operation of law until another surety bond is filed in the same manner and amount as the bond being terminated.

      6.  The Secretary of State may reinstate the appointment of a notary public whose appointment has been suspended pursuant to subsection 5, if the notary public, before his or her current term of appointment expires:

      (a) Submits to the Secretary of State:

             (1) An application for an amended certificate of appointment as a notary public; and

             (2) A certificate issued by the clerk of the county in which the applicant resides or, if the applicant is a resident of an adjoining state, the county in this State in which the applicant maintains a place of business or is employed, which indicates that the applicant filed a new surety bond with the clerk.

      (b) Pays to the Secretary of State a fee of $10.

      (Added to NRS by 1995, 189; A 1997, 933; 2005, 2275)

      NRS 240.036  Amended certificate of appointment: Required for certain changes in information; suspension for failure to obtain; fee; issuance.

      1.  If, at any time during his or her appointment, a notary public changes his or her mailing address, county of residence or signature or, if the notary public is a resident of an adjoining state, changes his or her place of business or employment, the notary public shall submit to the Secretary of State a request for an amended certificate of appointment on a form provided by the Secretary of State. The request must:

      (a) Include the new information;

      (b) Be submitted within 30 days after making that change; and

      (c) Be accompanied by a fee of $10.

      2.  The Secretary of State may suspend the appointment of a notary public who fails to provide to the Secretary of State notice of a change in any of the information specified in subsection 1.

      3.  If a notary public changes his or her name during his or her appointment and the notary public intends to use his or her new name in the performance of notarial duties, the notary public shall submit to the Secretary of State a request for an amended certificate of appointment on a form provided by the Secretary of State. The request must:

      (a) Include the new name and signature and the address of the notary public;

      (b) Be submitted within 30 days after making the change; and

      (c) Be accompanied by a fee of $10.

      4.  Upon receipt of a request for an amended certificate of appointment and the appropriate fee, the Secretary of State shall issue an amended certificate of appointment.

      5.  When the notary public receives the amended certificate of appointment, the notary public shall:

      (a) Destroy his or her notary’s stamp and obtain a new notary’s stamp which includes the information on the amended certificate.

      (b) Notify the surety company which issued his or her bond of the changes.

      (Added to NRS by 1995, 188; A 1997, 933)

      NRS 240.040  Use of stamp; embossed notarial seal not required; requirements of stamp; storage of stamp.

      1.  The statement required by paragraph (d) of subsection 1 of NRS 240.1655 must:

      (a) Be imprinted in indelible, photographically reproducible ink with a rubber or other mechanical stamp; and

      (b) Set forth:

             (1) The name of the notary public;

             (2) The phrase “Notary Public, State of Nevada”;

             (3) The date on which the appointment of the notary public expires;

             (4) The number of the certificate of appointment of the notary public;

             (5) If the notary public so desires, the Great Seal of the State of Nevada; and

             (6) If the notary public is a resident of an adjoining state, the word “nonresident.”

      2.  After July 1, 1965, an embossed notarial seal is not required on notarized documents.

      3.  The stamp required pursuant to subsection 1 must:

      (a) Be a rectangle, not larger than 1 inch by 2 1/2 inches, and may contain a border design; and

      (b) Produce a legible imprint.

      4.  A notary public shall not affix his or her stamp over printed material.

      5.  A notary public shall keep his or her stamp in a secure location during any period in which the notary public is not using the stamp to perform a notarial act.

      6.  As used in this section, “mechanical stamp” includes an imprint made by a computer or other similar technology.

      [10:39:1864; B § 339; BH § 2244; C § 2411; RL § 2753; NCL § 4723]—(NRS A 1965, 647; 1985, 1205; 1995, 191, 1596; 1997, 934; 2003, 606; 2011, 1610)

      NRS 240.045  Replacement of lost or inoperable stamp; prerequisite to production of stamp.

      1.  If the stamp of a notary public is lost, the notary public shall, within 10 days after the stamp is lost, submit to the Secretary of State a request for an amended certificate of appointment, on a form provided by the Secretary of State, and obtain a new stamp in accordance with NRS 240.036. The request must be accompanied by a fee of $10.

      2.  If the stamp is destroyed, broken, damaged or otherwise rendered inoperable, the notary public shall immediately notify the Secretary of State of that fact and obtain a new stamp.

      3.  A person or governmental entity shall not make, manufacture or otherwise produce a notary’s stamp unless the notary public presents his or her original or amended certificate of appointment or a certified copy of his or her original or amended certificate of appointment to that person or governmental entity.

      (Added to NRS by 1995, 188; A 1997, 935)

      NRS 240.051  Actions required upon resignation or death of notary public.

      1.  If a notary public resigns or dies during his or her appointment, the notary public, or the executor of the estate of the notary public, as appropriate, shall:

      (a) Notify the Secretary of State of the resignation or death; and

      (b) Destroy the notary’s stamp.

      2.  Upon the receipt of the notice required by subsection 1, the Secretary of State shall cancel the appointment of the notary public, effective on the date on which the notice was received.

      (Added to NRS by 1995, 189)

      NRS 240.060  Powers of notary public.  A notary public may, during normal business hours, perform notarial acts in lawful transactions for a person who requests the act and tenders the appropriate fee.

      [Part 1911 CPA § 541; RL § 5483; NCL § 9030] + [4:39:1864; B § 333; BH § 2238; C § 2405; RL § 2747; NCL § 4717] + [5:39:1864; B § 334; BH § 2239; C § 2406; RL § 2748; NCL § 4718] + [6:39:1864; B § 335; BH § 2240; C § 2407; RL § 2749; NCL § 4719] + [7:39:1864; B § 336; BH § 2241; C § 2408; RL § 2750; NCL § 4720]—(NRS A 1985, 1206; 1987, 1303; 1995, 192, 1596; 2007, 45)

      NRS 240.061  Performance of authorized notarial acts; restricted notarial acts. [Effective January 1, 2014.]

      1.  A notarial officer may perform a notarial act authorized by NRS 240.001 to 240.169, inclusive, or by law of this State other than NRS 240.001 to 240.169, inclusive.

      2.  A notarial officer other than a notary public may not perform a notarial act with respect to a document to which the officer or the officer’s spouse or domestic partner is a party, or in which either of them has a direct beneficial interest. A notary public may not perform a notarial act if the notarial act is prohibited by NRS 240.001 to 240.169, inclusive. A notarial act performed in violation of this subsection is voidable.

      (Added to NRS by 2013, 1375, effective January 1, 2014)

      NRS 240.062  Personal knowledge of identity. [Effective January 1, 2014.]  For the purposes of NRS 240.001 to 240.169, inclusive, a notarial officer has personal knowledge of the identity of a person appearing before the officer if the person is personally known to the officer through dealings sufficient to provide reasonable certainty that the person has the identity claimed.

      (Added to NRS by 2013, 1375, effective January 1, 2014)

      NRS 240.063  Evidentiary effect of signature; limitations on evidentiary effect of certification of documents.

      1.  The signature of a notary public on a document shall be deemed to be evidence only that the notary public knows the contents of the document that constitute the signature, execution, acknowledgment, oath, affirmation or affidavit.

      2.  When a notary public certifies that a document is a certified or true copy of an original document, the certification shall not be deemed to be evidence that the notary public knows the contents of the document.

      (Added to NRS by 1997, 929; A 2003, 607)

      NRS 240.065  Restrictions on powers of notary public; exception. [Effective through December 31, 2013.]

      1.  A notary public may not perform a notarial act if:

      (a) The notary public executed or is named in the instrument acknowledged or sworn to;

      (b) Except as otherwise provided in subsection 2, the notary public has or will receive directly from a transaction relating to the instrument or pleading a commission, fee, advantage, right, title, interest, property or other consideration in excess of the fee authorized pursuant to NRS 240.100 for the notarial act; or

      (c) The person whose signature is to be acknowledged or sworn to is a relative of the notary public by marriage or consanguinity.

      2.  A notary public who is an attorney licensed to practice law in this State may perform a notarial act on an instrument or pleading if the notary public has or will receive directly from a transaction relating to the instrument or pleading a fee for providing legal services in excess of the fee authorized pursuant to NRS 240.100 for the notarial act.

      3.  As used in this section, “relative” includes, without limitation:

      (a) A spouse, parent, grandparent or stepparent;

      (b) A natural born child, stepchild or adopted child;

      (c) A grandchild, brother, sister, half brother, half sister, stepbrother or stepsister;

      (d) A grandparent, parent, brother, sister, half brother, half sister, stepbrother or stepsister of the spouse of the notary public; and

      (e) A natural born child, stepchild or adopted child of a sibling or half sibling of the notary public or of a sibling or half sibling of the spouse of the notary public.

      (Added to NRS by 1985, 1205; A 1995, 192; 1997, 935; 2005, 67)

      NRS 240.065  Restrictions on powers of notary public; exception. [Effective January 1, 2014.]

      1.  A notary public may not perform a notarial act if:

      (a) The notary public executed or is named in the instrument acknowledged, sworn to or witnessed or attested;

      (b) Except as otherwise provided in subsection 2, the notary public has or will receive directly from a transaction relating to the instrument or pleading a commission, fee, advantage, right, title, interest, property or other consideration in excess of the fee authorized pursuant to NRS 240.100 for the notarial act;

      (c) The notary public and the person whose signature is to be acknowledged, sworn to or witnessed or attested are domestic partners; or

      (d) The person whose signature is to be acknowledged, sworn to or witnessed or attested is a relative of the domestic partner of the notary public or a relative of the notary public by marriage or consanguinity.

      2.  A notary public who is an attorney licensed to practice law in this State may perform a notarial act on an instrument or pleading if the notary public has or will receive directly from a transaction relating to the instrument or pleading a fee for providing legal services in excess of the fee authorized pursuant to NRS 240.100 for the notarial act.

      3.  As used in this section, “relative” includes, without limitation:

      (a) A spouse or domestic partner, parent, grandparent or stepparent;

      (b) A natural born child, stepchild or adopted child;

      (c) A grandchild, brother, sister, half brother, half sister, stepbrother or stepsister;

      (d) A grandparent, parent, brother, sister, half brother, half sister, stepbrother or stepsister of the spouse or domestic partner of the notary public; and

      (e) A natural born child, stepchild or adopted child of a sibling or half sibling of the notary public or of a sibling or half sibling of the spouse or domestic partner of the notary public.

      (Added to NRS by 1985, 1205; A 1995, 192; 1997, 935; 2005, 67; 2013, 1376, effective January 1, 2014)

      NRS 240.075  Prohibited acts.  A notary public shall not:

      1.  Influence a person to enter or not enter into a lawful transaction involving a notarial act performed by the notary public.

      2.  Certify an instrument containing a statement known by the notary public to be false.

      3.  Perform any act as a notary public with intent to deceive or defraud, including, without limitation, altering the journal that the notary public is required to keep pursuant to NRS 240.120.

      4.  Endorse or promote any product, service or offering if his or her appointment as a notary public is used in the endorsement or promotional statement.

      5.  Certify photocopies of a certificate of birth, death or marriage or a divorce decree.

      6.  Allow any other person to use his or her notary’s stamp.

      7.  Allow any other person to sign the notary’s name in a notarial capacity.

      8.  Perform a notarial act on a document that contains only a signature.

      9.  Perform a notarial act on a document, including a form that requires the signer to provide information within blank spaces, unless the document has been filled out completely and has been signed.

      10.  Make or note a protest of a negotiable instrument unless the notary public is employed by a depository institution and the protest is made or noted within the scope of that employment. As used in this subsection, “depository institution” has the meaning ascribed to it in NRS 657.037.

      (Added to NRS by 1985, 1205; A 1987, 1114; 1995, 193; 2001, 653; 2011, 1610)

      NRS 240.085  Advertisements in language other than English to contain notice if notary public is not an attorney; penalties.

      1.  Every notary public who is not an attorney licensed to practice law in this State and who advertises his or her services as a notary public in a language other than English by any form of communication, except a single plaque on his or her desk, shall post or otherwise include with the advertisement a notice in the language in which the advertisement appears. The notice must be of a conspicuous size, if in writing, and must appear in substantially the following form:

 

       I AM NOT AN ATTORNEY IN THE STATE OF NEVADA. I AM NOT LICENSED TO GIVE LEGAL ADVICE. I MAY NOT ACCEPT FEES FOR GIVING LEGAL ADVICE.

 

      2.  A notary public who is not an attorney licensed to practice law in this State shall not use the term “notario,” “notario publico” or any other equivalent non-English term in any form of communication that advertises his or her services as a notary public, including, without limitation, a business card, stationery, notice and sign.

      3.  If the Secretary of State finds a notary public guilty of violating the provisions of subsection 1 or 2, the Secretary of State shall:

      (a) Suspend the appointment of the notary public for not less than 1 year.

      (b) Revoke the appointment of the notary public for a third or subsequent offense.

      4.  A notary public who is found guilty in a criminal prosecution of violating subsection 1 or 2 shall be punished by a fine of not more than $2,000.

      (Added to NRS by 1983, 307; A 1985, 1206; 2005, 68)

      NRS 240.100  Fees for services; additional fees for travel expenses; notarial acts performed within and outside scope of employment.

      1.  Except as otherwise provided in subsection 3, a notary public may charge the following fees and no more:

 

For taking an acknowledgment, for the first signature of each signer....... $5.00

For each additional signature of each signer.................................................... 2.50

For administering an oath or affirmation without a signature...................... 2.50

For a certified copy............................................................................................... 2.50

For a jurat, for each signature on the affidavit................................................ 5.00

For performing a marriage ceremony.............................................................. 75.00

 

      2.  All fees prescribed in this section are payable in advance, if demanded.

      3.  A notary public may charge an additional fee for traveling to perform a notarial act if:

      (a) The person requesting the notarial act asks the notary public to travel;

      (b) The notary public explains to the person requesting the notarial act that the fee is in addition to the fee authorized in subsection 1 and is not required by law;

      (c) The person requesting the notarial act agrees in advance upon the hourly rate that the notary public will charge for the additional fee; and

      (d) The additional fee does not exceed:

             (1) If the person requesting the notarial act asks the notary public to travel between the hours of 6 a.m. and 7 p.m., $10 per hour.

             (2) If the person requesting the notarial act asks the notary public to travel between the hours of 7 p.m. and 6 a.m., $25 per hour.

Ê The notary public may charge a minimum of 2 hours for such travel and shall charge on a pro rata basis after the first 2 hours.

      4.  A notary public is entitled to charge the amount of the additional fee agreed to in advance by the person requesting the notarial act pursuant to subsection 3 if:

      (a) The person requesting the notarial act cancels the request after the notary public begins his or her travel to perform the requested notarial act.

      (b) The notary public is unable to perform the requested notarial act as a result of the actions of the person who requested the notarial act or any other person who is necessary for the performance of the notarial act.

      5.  For each additional fee that a notary public charges for traveling to perform a notarial act pursuant to subsection 3, the notary public shall enter in the journal that he or she keeps pursuant to NRS 240.120:

      (a) The amount of the fee; and

      (b) The date and time that the notary public began and ended such travel.

      6.  A person who employs a notary public may prohibit the notary public from charging a fee for a notarial act that the notary public performs within the scope of the employment. Such a person shall not require the notary public whom the person employs to surrender to the person all or part of a fee charged by the notary public for a notarial act performed outside the scope of the employment of the notary public.

      [17:39:1864; B § 346; BH § 2251; C § 2418; RL § 2760; NCL § 4730] + [1:94:1865; B § 2735; BH § 2318; C § 2457; RL § 1994; NCL § 2925] + [1:49:1883; BH § 2342; C § 2468; RL § 2005; NCL § 2936] + [15:94:1865; B § 2749; BH § 2329; C § 2467; RL § 2004; NCL § 2935] + [16:49:1883; A 1889, 39; C § 2481; RL § 2018; NCL § 2949] + [Part 25:49:1883; BH § 2366; C § 2490; RL § 2027; NCL § 2958]—(NRS A 1981, 325; 1985, 1207; 1993, 261; 1995, 193; 1997, 935; 1999, 76; 2003, 607; 2013, 1199)

      NRS 240.110  Posting of table of fees.  If a notary public charges fees for performing notarial acts, the notary public shall publish and set up in some conspicuous place in his or her office a table of those fees, according to this chapter, for the inspection of all persons who have business in his or her office. The schedule must not be printed in smaller than 1/2-inch type. A notary public shall not charge fees unless the notary public has published and set up a table of fees in accordance with this subsection.

      [Part 23:49:1883; BH § 2364; C § 2488; RL § 2025; NCL § 2956]—(NRS A 1985, 1207; 1995, 193; 1997, 936)

      NRS 240.120  Journal of notarial acts: Duty to maintain; contents; verification based upon credible witness; copy of entry; storage; period of retention; report of loss or theft; exceptions. [Effective through December 31, 2013.]

      1.  Except as otherwise provided in subsection 2, each notary public shall keep a journal in his or her office in which the notary public shall enter for each notarial act performed, at the time the act is performed:

      (a) The fees charged, if any;

      (b) The title of the document;

      (c) The date on which the notary public performed the service;

      (d) Except as otherwise provided in subsection 3, the name and signature of the person whose signature is being notarized;

      (e) Subject to the provisions of subsection 4, a description of the evidence used by the notary public to verify the identification of the person whose signature is being notarized;

      (f) An indication of whether the notary public administered an oath; and

      (g) The type of certificate used to evidence the notarial act, as required pursuant to NRS 240.1655.

      2.  A notary public may make one entry in the journal which documents more than one notarial act if the notarial acts documented are performed:

      (a) For the same person and at the same time; and

      (b) On one document or on similar documents.

      3.  When taking an acknowledgment for a person, a notary public need not require the person to sign the journal if the notary public has performed a notarial act for the person within the previous 6 months and the notary public has personal knowledge of the identity of the person.

      4.  If, pursuant to subsection 3, a notary public does not require a person to sign the journal, the notary public shall enter “known personally” as the description required to be entered into the journal pursuant to paragraph (e) of subsection 1.

      5.  If the notary verifies the identification of the person whose signature is being notarized on the basis of a credible witness, the notary public shall:

      (a) Require the witness to sign the journal in the space provided for the description of the evidence used; and

      (b) Make a notation in the journal that the witness is a credible witness.

      6.  The journal must:

      (a) Be open to public inspection.

      (b) Be in a bound volume with preprinted page numbers.

      7.  A notary public shall, upon request and payment of the fee set forth in NRS 240.100, provide a certified copy of an entry in his or her journal.

      8.  A notary public shall keep his or her journal in a secure location during any period in which the notary public is not making an entry or notation in the journal pursuant to this section.

      9.  A notary public shall retain each journal that the notary public has kept pursuant to this section until 7 years after the date on which he or she ceases to be a notary public.

      10.  A notary public shall file a report with the Secretary of State and the appropriate law enforcement agency if the journal of the notary public is lost or stolen.

      11.  The provisions of this section do not apply to a person who is authorized to perform a notarial act pursuant to paragraph (b), (c) or (d) of subsection 1 of NRS 240.1635.

      [Part 18:49:1883; BH § 2359; C § 2483; RL § 2020; NCL § 2951] + [Part 21:49:1883; BH § 2362; C § 2486; RL § 2023; NCL § 2954]—(NRS A 1967, 533; 1993, 262; 1995, 193, 1596; 1997, 936; 2001, 654; 2007, 46; 2011, 1611)

      NRS 240.120  Journal of notarial acts: Duty to maintain; contents; verification based upon credible witness; copy of entry; storage; period of retention; report of loss or theft; exceptions. [Effective January 1, 2014.]

      1.  Except as otherwise provided in subsection 2, each notary public shall keep a journal in his or her office in which the notary public shall enter for each notarial act performed, at the time the act is performed:

      (a) The fees charged, if any;

      (b) The title of the document;

      (c) The date on which the notary public performed the act;

      (d) Except as otherwise provided in subsection 3, the name and signature of the person whose signature is being notarized;

      (e) Subject to the provisions of subsection 4, a description of the evidence used by the notary public to verify the identification of the person whose signature is being notarized;

      (f) An indication of whether the notary public administered an oath; and

      (g) The type of certificate used to evidence the notarial act, as required pursuant to NRS 240.1655.

      2.  A notary public may make one entry in the journal which documents more than one notarial act if the notarial acts documented are performed:

      (a) For the same person and at the same time; and

      (b) On one document or on similar documents.

      3.  When performing a notarial act for a person, a notary public need not require the person to sign the journal if:

      (a) The notary public has performed a notarial act for the person within the previous 6 months;

      (b) The notary public has personal knowledge of the identity of the person; and

      (c) The person is an employer or coworker of the notary public and the notarial act relates to a transaction performed in the ordinary course of the person’s business.        4.  If, pursuant to subsection 3, a notary public does not require a person to sign the journal, the notary public shall enter “known personally” as the description required to be entered into the journal pursuant to paragraph (e) of subsection 1.

      5.  If the notary verifies the identification of the person whose signature is being notarized on the basis of a credible witness, the notary public shall:

      (a) Require the witness to sign the journal in the space provided for the description of the evidence used; and

      (b) Make a notation in the journal that the witness is a credible witness.

      6.  The journal must:

      (a) Be open to public inspection.

      (b) Be in a bound volume with preprinted page numbers.

      7.  A notary public shall, upon request and payment of the fee set forth in NRS 240.100, provide a certified copy of an entry in his or her journal.

      8.  A notary public shall keep his or her journal in a secure location during any period in which the notary public is not making an entry or notation in the journal pursuant to this section.

      9.  A notary public shall retain each journal that the notary public has kept pursuant to this section until 7 years after the date on which he or she ceases to be a notary public.

      10.  A notary public shall file a report with the Secretary of State and the appropriate law enforcement agency if the journal of the notary public is lost or stolen.

      11.  The provisions of this section do not apply to a person who is authorized to perform a notarial act pursuant to paragraph (b), (c), (d) or (e) of subsection 1 of NRS 240.1635.

      [Part 18:49:1883; BH § 2359; C § 2483; RL § 2020; NCL § 2951] + [Part 21:49:1883; BH § 2362; C § 2486; RL § 2023; NCL § 2954]—(NRS A 1967, 533; 1993, 262; 1995, 193, 1596; 1997, 936; 2001, 654; 2007, 46; 2011, 1611; 2013, 1376, effective January 1, 2014)

      NRS 240.130  Only authorized fees to be charged.  A notary public shall not charge a fee to perform a service unless the notary public is authorized to charge a fee for such a service pursuant to this chapter.

      [17:49:1883; BH § 2358; C § 2482; RL § 2019; NCL § 2950] + [Part 21:49:1883; BH § 2362; C § 2486; RL § 2023; NCL § 2954]—(NRS A 1967, 533; 1997, 937)

      NRS 240.143  Unlawful possession of certain personal property of notary public.

      1.  The following items are the personal property of a notary public:

      (a) His or her official stamp;

      (b) His or her journal; and

      (c) His or her certificate of appointment.

      2.  It is unlawful for a person who comes into possession of the official stamp, journal or certificate of appointment of a notary public to withhold such an item from the notary public, whether or not the person provided the notary public with the money to acquire the item.

      (Added to NRS by 1997, 930)

      NRS 240.145  Unlawful reproduction or use of completed notarial certificate; penalty.

      1.  It is unlawful for any person to:

      (a) Photocopy or otherwise reproduce a completed notarial certificate with a notary’s statement and signature if that certificate is reproduced for use in a mailing to endorse, promote or sell any product, service or offering; or

      (b) Include a photocopy or other reproduction of a completed notarial certificate with a notary’s statement and signature in a mailing to endorse, promote or sell any product, service or offering.

      2.  Any person who violates any of the provisions of subsection 1 is guilty of a gross misdemeanor.

      (Added to NRS by 1995, 189)

      NRS 240.147  Unlawful destruction, defacement or concealment of notarial record.  It is unlawful for a person to knowingly destroy, deface or conceal a notarial record.

      (Added to NRS by 1997, 930; A 2009, 3029)

      NRS 240.150  Liability for misconduct or neglect; liability of employer; penalties for willful violation or neglect of duty; procedure upon revocation or suspension.

      1.  For misconduct or neglect in a case in which a notary public appointed pursuant to the authority of this State may act, either by the law of this State or of another state, territory or country, or by the law of nations, or by commercial usage, the notary public is liable on his or her official bond to the parties injured thereby, for all the damages sustained.

      2.  The employer of a notary public may be assessed a civil penalty by the Secretary of State of not more than $2,000 for each violation specified in subsection 4 committed by the notary public, and the employer is liable for any damages proximately caused by the misconduct of the notary public, if:

      (a) The notary public was acting within the scope of his or her employment at the time the notary public engaged in the misconduct; and

      (b) The employer of the notary public consented to the misconduct of the notary public.

      3.  The Secretary of State may refuse to appoint or may suspend or revoke the appointment of a notary public who fails to provide to the Secretary of State, within a reasonable time, information that the Secretary of State requests from the notary public in connection with a complaint which alleges a violation of this chapter.

      4.  Except as otherwise provided in this chapter, for any willful violation or neglect of duty or other violation of this chapter, or upon proof that a notary public has been convicted of a crime described in paragraph (c) of subsection 2 of NRS 240.010:

      (a) The appointment of the notary public may be suspended for a period determined by the Secretary of State, but not exceeding the time remaining on the appointment;

      (b) The appointment of the notary public may be revoked after a hearing; or

      (c) The notary public may be assessed a civil penalty of not more than $2,000 for each violation.

      5.  If the Secretary of State revokes or suspends the appointment of a notary public pursuant to this section, the Secretary of State shall:

      (a) Notify the notary public in writing of the revocation or suspension;

      (b) Cause notice of the revocation or suspension to be published on the website of the Secretary of State; and

      (c) If a county clerk has issued a certificate of permission to perform marriages to the notary public pursuant to NRS 122.064, notify the county clerk of the revocation or suspension.

      6.  Except as otherwise provided by law, the Secretary of State may assess the civil penalty that is authorized pursuant to this section upon a notary public whose appointment has expired if the notary public committed the violation that justifies the civil penalty before his or her appointment expired.

      7.  The appointment of a notary public may be suspended or revoked by the Secretary of State pending a hearing if the Secretary of State believes it is in the public interest or is necessary to protect the public.

      [13:39:1864; B § 342; BH § 2247; C § 2414; RL § 2756; NCL § 4726]—(NRS A 1985, 1208; 1995, 194; 1997, 937; 2011, 1612; 2013, 1200)

      NRS 240.155  Notarization of signature of person not in presence of notary public unlawful; penalty.

      1.  A notary public who is appointed pursuant to this chapter shall not willfully notarize the signature of a person unless the person is in the presence of the notary public and:

      (a) Is known to the notary public; or

      (b) If unknown to the notary public, provides a credible witness or documentary evidence of identification to the notary public.

      2.  A person who:

      (a) Violates the provisions of subsection 1; or

      (b) Aids and abets a notary public to commit a violation of subsection 1,

Ê is guilty of a gross misdemeanor.

      (Added to NRS by 2005, 2274; A 2007, 1100)

Uniform Law on Notarial Acts

      NRS 240.161  Short title; uniformity of application and construction.

      1.  NRS 240.161 to 240.169, inclusive, may be cited as the Uniform Law on Notarial Acts.

      2.  These sections must be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of these sections among states enacting them.

      (Added to NRS by 1993, 200; A 1995, 194; 2005, 2276)

      NRS 240.1635  Notarial acts in this State. [Effective through December 31, 2013.]

      1.  A notarial act may be performed within this State by the following persons:

      (a) A notary public of this State;

      (b) A judge, clerk or deputy clerk of any court of this State;

      (c) A justice of the peace; or

      (d) Any other person authorized to perform the specific act by the law of this State.

      2.  Notarial acts performed within this State under federal authority as provided in NRS 240.1645 have the same effect as if performed by a notarial officer of this State.

      3.  The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.

      (Added to NRS by 1993, 200)

      NRS 240.1635  Notarial acts in this State. [Effective January 1, 2014.]

      1.  A notarial act may be performed within this State by the following persons:

      (a) A notary public of this State;

      (b) A judge, clerk or deputy clerk of any court of this State;

      (c) A justice of the peace;

      (d) Any other person authorized to perform the specific act by the law of this State; or

      (e) A person authorized to perform the specific act by the law of a federally recognized Indian tribe or nation.

      2.  Notarial acts performed within this State under federal authority as provided in NRS 240.1645 have the same effect as if performed by a notarial officer of this State.

      3.  The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.

      (Added to NRS by 1993, 200; A 2013, 1377, effective January 1, 2014)

      NRS 240.164  Notarial acts in other jurisdictions of United States.

      1.  A notarial act has the same effect under the law of this State as if performed by a notarial officer of this State, if performed in another state, commonwealth, territory, district or possession of the United States by any of the following persons:

      (a) A notary public of that jurisdiction;

      (b) A judge, clerk or deputy clerk of a court of that jurisdiction; or

      (c) Any other person authorized by the law of that jurisdiction to perform notarial acts.

      2.  Notarial acts performed in other jurisdictions of the United States under federal authority as provided in NRS 240.1645 have the same effect as if performed by a notarial officer of this State.

      3.  The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.

      4.  The signature and indicated title of an officer listed in paragraph (a) or (b) of subsection 1 conclusively establish the authority of a holder of that title to perform a notarial act.

      (Added to NRS by 1993, 201)

      NRS 240.1645  Notarial acts under federal authority.

      1.  A notarial act has the same effect under the law of this State as if performed by a notarial officer of this State if performed anywhere by any of the following persons under authority granted by the law of the United States:

      (a) A judge, clerk or deputy clerk of a court;

      (b) A commissioned officer on active duty in the military service of the United States;

      (c) An officer of the foreign service or consular officer of the United States; or

      (d) Any other person authorized by federal law to perform notarial acts.

      2.  The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.

      3.  The signature and indicated title of an officer listed in paragraph (a), (b) or (c) of subsection 1 conclusively establish the authority of a holder of that title to perform a notarial act.

      (Added to NRS by 1993, 201)

      NRS 240.165  Foreign notarial acts. [Effective through December 31, 2013.]

      1.  A notarial act has the same effect under the law of this State as if performed by a notarial officer of this State if performed within the jurisdiction of and under authority of a foreign nation or its constituent units or a multinational or international organization by the following persons:

      (a) A notary public;

      (b) A judge, clerk or deputy clerk of a court of record; or

      (c) A person authorized by the law of that jurisdiction to perform notarial acts.

      2.  A certificate by an officer of the foreign service or consular officer of the United States stationed in the nation under the jurisdiction of which the notarial act was performed, or a certificate by an officer of the foreign service or consular officer of that nation stationed in the United States, conclusively establishes a matter relating to the authenticity or validity of the notarial act set forth in the certificate.

      3.  An official stamp or seal of the person performing the notarial act is prima facie evidence that the signature is genuine and that the person holds the indicated title.

      4.  An official stamp or seal of an officer listed in paragraph (a) or (b) of subsection 1 is prima facie evidence that a person with the indicated title has authority to perform notarial acts.

      5.  If the title of office and indication of authority to perform notarial acts appears either in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.

      (Added to NRS by 1993, 201; A 1997, 939; 2001, 654; 2005, 2276)

      NRS 240.165  Foreign notarial acts. [Effective January 1, 2014.]

      1.  A notarial act has the same effect under the law of this State as if performed by a notarial officer of this State if performed within the jurisdiction of and under authority of a foreign nation or its constituent units or a multinational or international organization by the following persons:

      (a) A notary public;

      (b) A judge, clerk or deputy clerk of a court of record;

      (c) A person authorized by the law of that jurisdiction to perform notarial acts;

      (d) A person authorized by federal law to perform notarial acts; or

      (e) A person authorized by the law of a federally recognized Indian tribe or nation to perform notarial acts.

      2.  A certificate by an officer of the foreign service or consular officer of the United States stationed in the nation under the jurisdiction of which the notarial act was performed, or a certificate by an officer of the foreign service or consular officer of that nation stationed in the United States, conclusively establishes a matter relating to the authenticity or validity of the notarial act set forth in the certificate.

      3.  An official stamp or seal of the person performing the notarial act is prima facie evidence that the signature is genuine and that the person holds the indicated title.

      4.  An official stamp or seal of an officer listed in paragraph (a) or (b) of subsection 1 is prima facie evidence that a person with the indicated title has authority to perform notarial acts.

      5.  If the title of office and indication of authority to perform notarial acts appears either in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.

      (Added to NRS by 1993, 201; A 1997, 939; 2001, 654; 2005, 2276; 2013, 1378, effective January 1, 2014)

      NRS 240.1655  Notarial acts. [Effective through December 31, 2013.]

      1.  A notarial act must be evidenced by a certificate that:

      (a) Identifies the county, including, without limitation, Carson City, in this State in which the notarial act was performed in substantially the following form:

 

State of Nevada

County of ...............................

 

      (b) Except as otherwise provided in this paragraph, includes the name of the person whose signature is being notarized. If the certificate is for certifying a copy of a document, the certificate must include the name of the person presenting the document. If the certificate is for the jurat of a subscribing witness, the certificate must include the name of the subscribing witness.

      (c) Is signed and dated in ink by the notarial officer performing the notarial act.

      (d) If the notarial officer performing the notarial act is a notary public, includes the statement imprinted with the stamp of the notary public, as described in NRS 240.040.

      (e) If the notarial officer performing the notarial act is not a notary public, includes the title of the office of the notarial officer and may include the official stamp or seal of that office. If the officer is a commissioned officer on active duty in the military service of the United States, the certificate must also include the officer’s rank.

      2.  A notarial officer shall:

      (a) In taking an acknowledgment, determine, from personal knowledge or satisfactory evidence, that the person making the acknowledgment is the person whose signature is on the document. The person who signed the document shall present the document to the notarial officer in person.

      (b) In administering an oath or affirmation, determine, from personal knowledge or satisfactory evidence, the identity of the person taking the oath or affirmation.

      (c) In certifying a copy of a document, photocopy the entire document and certify that the photocopy is a true and correct copy of the document that was presented to the notarial officer.

      (d) In making or noting a protest of a negotiable instrument, verify compliance with the provisions of subsection 2 of NRS 104.3505.

      (e) In executing a jurat, administer an oath or affirmation to the affiant and determine, from personal knowledge or satisfactory evidence, that the affiant is the person named in the document. The affiant shall sign the document in the presence of the notarial officer. The notarial officer shall administer the oath or affirmation required pursuant to this paragraph in substantially the following form:

 

       Do you (solemnly swear, or affirm) that the statements in this document are true, (so help you God)?

 

      3.  A certificate of a notarial act is sufficient if it meets the requirements of subsections 1 and 2 and it:

      (a) Is in the short form set forth in NRS 240.166 to 240.169, inclusive;

      (b) Is in a form otherwise prescribed by the law of this State;

      (c) Is in a form prescribed by the laws or regulations applicable in the place in which the notarial act was performed; or

      (d) Sets forth the actions of the notarial officer and those are sufficient to meet the requirements of the designated notarial act.

      4.  For the purposes of paragraphs (a), (b) and (e) of subsection 2, a notarial officer has satisfactory evidence that a person is the person whose signature is on a document if the person:

      (a) Is personally known to the notarial officer;

      (b) Is identified upon the oath or affirmation of a credible witness;

      (c) Is identified on the basis of an identifying document which contains a signature and a photograph;

      (d) Is identified on the basis of a consular identification card;

      (e) Is identified upon an oath or affirmation of a subscribing witness who is personally known to the notarial officer; or

      (f) In the case of a person who is 65 years of age or older and cannot satisfy the requirements of paragraphs (a) to (e), inclusive, is identified upon the basis of an identification card issued by a governmental agency or a senior citizen center.

      5.  An oath or affirmation administered pursuant to paragraph (b) of subsection 4 must be in substantially the following form:

 

       Do you (solemnly swear, or affirm) that you personally know ………(name of person who signed the document)………, (so help you God)?

 

      6.  A notarial officer shall not affix his or her signature over printed material.

      7.  By executing a certificate of a notarial act, the notarial officer certifies that the notarial officer has complied with all the requirements of this section.

      8.  As used in this section, unless the context otherwise requires, “consular identification card” means an identification card issued by a consulate of a foreign government, which consulate is located within the State of Nevada.

      (Added to NRS by 1993, 202; A 1995, 195; 1997, 940; 2001, 655; 2003, 608, 1932)

      NRS 240.1655  Notarial acts. [Effective January 1, 2014.]

      1.  A notarial act must be evidenced by a certificate that:

      (a) Identifies the county, including, without limitation, Carson City, in this State in which the notarial act was performed in substantially the following form:

 

State of Nevada

County of ...............................

 

      (b) Except as otherwise provided in this paragraph, includes the name of the person whose signature is being notarized. If the certificate is for certifying a copy of a document, the certificate must include the name of the person presenting the document. If the certificate is for the jurat of a subscribing witness, the certificate must include the name of the subscribing witness.

      (c) Is signed and dated in ink by the notarial officer performing the notarial act. The certificate must be signed in the same manner as the signature of the notarial officer that is on file with the Secretary of State.

      (d) If the notarial officer performing the notarial act is a notary public, includes the statement imprinted with the stamp of the notary public, as described in NRS 240.040.

      (e) If the notarial officer performing the notarial act is not a notary public, includes the title of the office of the notarial officer and may include the official stamp or seal of that office. If the officer is a commissioned officer on active duty in the military service of the United States, the certificate must also include the officer’s rank.

      2.  Except as otherwise provided in subsection 8, a notarial officer shall:

      (a) In taking an acknowledgment, determine, from personal knowledge or satisfactory evidence, that the person making the acknowledgment is the person whose signature is on the document. The person who signed the document shall present the document to the notarial officer in person.

      (b) In administering an oath or affirmation, determine, from personal knowledge or satisfactory evidence, the identity of the person taking the oath or affirmation.

      (c) In certifying a copy of a document, photocopy the entire document and certify that the photocopy is a true and correct copy of the document that was presented to the notarial officer.

      (d) In making or noting a protest of a negotiable instrument, verify compliance with the provisions of subsection 2 of NRS 104.3505.

      (e) In executing a jurat, administer an oath or affirmation to the affiant and determine, from personal knowledge or satisfactory evidence, that the affiant is the person named in the document. The affiant shall sign the document in the presence of the notarial officer. The notarial officer shall administer the oath or affirmation required pursuant to this paragraph in substantially the following form:

 

       Do you (solemnly swear, or affirm) that the statements in this document are true, (so help you God)?

 

      3.  A certificate of a notarial act is sufficient if it meets the requirements of subsections 1 and 2 and it:

      (a) Is in the short form set forth in NRS 240.166 to 240.169, inclusive;

      (b) Is in a form otherwise prescribed by the law of this State;

      (c) Is in a form prescribed by the laws or regulations applicable in the place in which the notarial act was performed; or

      (d) Sets forth the actions of the notarial officer and those are sufficient to meet the requirements of the designated notarial act.

      4.  For the purposes of paragraphs (a), (b) and (e) of subsection 2, a notarial officer has satisfactory evidence that a person is the person whose signature is on a document if the person:

      (a) Is personally known to the notarial officer;

      (b) Is identified upon the oath or affirmation of a credible witness who personally appears before the notarial officer;

      (c) Is identified on the basis of an identifying document which contains a signature and a photograph;

      (d) Is identified on the basis of a consular identification card;

      (e) Is identified upon an oath or affirmation of a subscribing witness who is personally known to the notarial officer; or

      (f) In the case of a person who is 65 years of age or older and cannot satisfy the requirements of paragraphs (a) to (e), inclusive, is identified upon the basis of an identification card issued by a governmental agency or a senior citizen center.

      5.  An oath or affirmation administered pursuant to paragraph (b) of subsection 4 must be in substantially the following form:

 

       Do you (solemnly swear, or affirm) that you personally know ………(name of person who signed the document)………, (so help you God)?

 

      6.  A notarial officer shall not affix his or her signature over printed material.

      7.  By executing a certificate of a notarial act, the notarial officer certifies that the notarial officer has complied with all the requirements of this section.

      8.  If a person is physically unable to sign a document that is presented to a notarial officer pursuant to this section, the person may direct a person other than the notarial officer to sign the person’s name on the document. The notarial officer shall insert “Signature affixed by (insert name of other person) at the direction of (insert name of person)” or words of similar import.

      9.  As used in this section, unless the context otherwise requires, “consular identification card” means an identification card issued by a consulate of a foreign government, which consulate is located within the State of Nevada.

      (Added to NRS by 1993, 202; A 1995, 195; 1997, 940; 2001, 655; 2003, 608, 1932; 2013, 1378, effective January 1, 2014)

      NRS 240.1657  Authentication of signature of notarial officer by Secretary of State.

      1.  Except as otherwise provided in subsection 2, the Secretary of State shall, upon request and payment of a fee of $20, issue an authentication to verify that the signature of the notarial officer on a document is genuine and that the notarial officer holds the office indicated on the document. If the document:

      (a) Is intended for use in a foreign country that is a participant in the Hague Convention of October 5, 1961, the Secretary of State must issue an apostille in the form prescribed by the Hague Convention of October 5, 1961.

      (b) Is intended for use in the United States or in a foreign country that is not a participant in the Hague Convention of October 5, 1961, the Secretary of State must issue a certification.

      2.  The Secretary of State shall not issue an authentication pursuant to subsection 1 if:

      (a) The document has not been notarized in accordance with the provisions of this chapter; or

      (b) The Secretary of State has reasonable cause to believe that the document may be used to accomplish any fraudulent, criminal or unlawful purpose.

      (Added to NRS by 2005, 2274)

      NRS 240.166  Short form for acknowledgment in individual capacity.  Upon compliance with the requirements of NRS 240.1655, the following certificate is sufficient for an acknowledgment in an individual capacity:

 

State of Nevada

County of................................

 

       This instrument was acknowledged before me on …….(date)……. by …….(name(s) of person(s))……..

 

                                                                   .......................................................................

                                                                         (Signature of notarial officer)

(Seal, if any)

                                                                   .......................................................................

                                                                             (Title and rank (optional))

 

      (Added to NRS by 1993, 202; A 1995, 196; 2001, 655; 2003, 610)

      NRS 240.1663  Short form for administering oath or affirmation of office.  Upon compliance with the requirements of NRS 240.1655, the following certificate is sufficient for administering an oath or affirmation of office:

 

State of Nevada

County of................................

 

       I, …….(name of person taking oath or affirmation of office)......., do solemnly swear (or affirm) that I will support, protect and defend the Constitution and Government of the United States and the Constitution and Government of the State of Nevada against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any state notwithstanding, and that I will well and faithfully perform all the duties of the office of .......(title of office)......., on which I am about to enter; (if an oath) so help me God; (if an affirmation) under the pains and penalties of perjury.

 

                                                                   .......................................................................

                                                                          (Signature of person taking oath

                                                                                  or affirmation of office)

 

       Signed and sworn to (or affirmed) before me on .......(date)....... by .......(name of person taking oath or affirmation of office)........

 

                                                                   .......................................................................

                                                                             (Signature of notarial officer)

(Seal, if any)

                                                                   .......................................................................

                                                                                (Title and rank (optional))

 

      (Added to NRS by 2001, 651; A 2003, 610)

      NRS 240.1665  Short form for acknowledgment in representative capacity.  Upon compliance with the requirements of NRS 240.1655, the following certificate is sufficient for an acknowledgment in a representative capacity:

 

State of Nevada

County of................................

 

       This instrument was acknowledged before me on .......(date)....... by .......(name(s) of person(s))....... as .......(type of authority, e.g., officer, trustee, etc.)....... of .......(name of party on behalf of whom instrument was executed)........

 

                                                                   .......................................................................

                                                                             (Signature of notarial officer)

(Seal, if any)

                                                                   .......................................................................

                                                                                (Title and rank (optional))

 

      (Added to NRS by 1993, 203; A 1995, 196; 2001, 656; 2003, 611)

      NRS 240.1667  Short form for acknowledgment containing power of attorney.  Upon compliance with the requirements of NRS 240.1655, the following certificate is sufficient for an acknowledgment that contains a power of attorney:

 

State of Nevada

County of ...............................

 

       This instrument was acknowledged before me on .......(date)....... by .......(name of person holding power of attorney)....... as attorney-in-fact for .......(name of principal/person whose name is in the document)........

 

                                                                   .......................................................................

                                                                             (Signature of notarial officer)

(Seal, if any)

                                                                   .......................................................................

                                                                                (Title and rank (optional))

 

      (Added to NRS by 1997, 929; A 2001, 656; 2003, 611)

      NRS 240.167  Short form for execution of jurat.  Upon compliance with the requirements of NRS 240.1655, the following certificate is sufficient for executing a jurat:

 

State of Nevada

County of................................

 

       Signed and sworn to (or affirmed) before me on .......(date)....... by .......(name(s) of person(s) making statement)........

 

                                                                   .......................................................................

                                                                             (Signature of notarial officer)

(Seal, if any)

                                                                   .......................................................................

                                                                                (Title and rank (optional))

 

      (Added to NRS by 1993, 203; A 1995, 196; 2001, 657; 2003, 611)

      NRS 240.168  Short form for certifying copy of document.  Upon compliance with the requirements of NRS 240.1655, the following certificate is sufficient for certifying a copy of a document:

 

State of Nevada

County of................................

 

       I certify that this is a true and correct copy of a document in the possession of .......(name of person who presents the document)........

       Dated.................................

 

                                                                   .......................................................................

                                                                             (Signature of notarial officer)

(Seal, if any)

                                                                   .......................................................................

                                                                                (Title and rank (optional))

 

      (Added to NRS by 1993, 203; A 1995, 197; 1997, 940; 2001, 657; 2003, 612)

      NRS 240.1685  Short form for jurat of subscribing witness.  Upon compliance with the requirements of NRS 240.1655, the following certificate is sufficient for a jurat of a subscribing witness:

 

State of Nevada

County of................................

 

       On .......(date)......., .......(subscribing witness)....... personally appeared before me, whom I know to be the person who signed this jurat of a subscribing witness while under oath, and swears that he or she was present and witnessed .......(signer of the document)....... sign his or her name to the above document.

 

                                                                   .......................................................................

                                                                          (Signature of subscribing witness)

 

Signed and sworn before me on .......(date)....... by .......(subscribing witness)........

 

                                                                   .......................................................................

                                                                             (Signature of notarial officer)

(Seal, if any)

                                                                   .......................................................................

                                                                                (Title and rank (optional))

 

      (Added to NRS by 1995, 190; A 2003, 612)

      NRS 240.169  Short form for acknowledgment of credible witness.  Upon compliance with the requirements of NRS 240.1655, the following certificate is sufficient for an acknowledgment of a credible witness:

 

State of Nevada

County of................................

 

       This instrument was acknowledged before me on .......(date)....... by .......(name of person)....... who personally appeared before me and whose identity I verified upon the oath of .......(name of credible witness)......., a credible witness personally known to me and to the person who acknowledged this instrument before me.

 

                                                                   .......................................................................

                                                                             (Signature of notarial officer)

(Seal, if any)

                                                                   .......................................................................

                                                                                (Title and rank (optional))

 

      (Added to NRS by 1995, 190; A 1997, 940; 2003, 613)

Electronic Notary Public Authorization Act

      NRS 240.181  Short title.  NRS 240.181 to 240.206, inclusive, may be cited as the Electronic Notary Public Authorization Act.

      (Added to NRS by 2009, 3018)

      NRS 240.182  Definitions.  As used in NRS 240.181 to 240.206, inclusive, unless the context otherwise requires, the words and terms defined in NRS 240.183 to 240.188, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2009, 3018)

      NRS 240.183  “Electronic” defined.  “Electronic” means of or relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

      (Added to NRS by 2009, 3018)

      NRS 240.184  “Electronic document” defined.  “Electronic document” means a document that is created, generated, sent, communicated, received or stored by electronic means.

      (Added to NRS by 2009, 3018)

      NRS 240.185  “Electronic notarial act” defined.  “Electronic notarial act” means an act that an electronic notary public of this State is authorized to perform. The term includes:

      1.  Taking an acknowledgment;

      2.  Administering an oath or affirmation;

      3.  Executing a jurat; and

      4.  Performing such other duties as may be prescribed by a specific statute.

      (Added to NRS by 2009, 3018)

      NRS 240.186  “Electronic notary public” defined.  “Electronic notary public” means a person appointed by the Secretary of State pursuant to NRS 240.181 to 240.206, inclusive, to perform electronic notarial acts.

      (Added to NRS by 2009, 3018)

      NRS 240.187  “Electronic seal” defined.  “Electronic seal” means information within a notarized electronic document that includes the name, jurisdiction and expiration date of the appointment of an electronic notary public and generally includes the information required to be set forth in a mechanical stamp pursuant to NRS 240.040.

      (Added to NRS by 2009, 3018)

      NRS 240.188  “Electronic signature” defined.  “Electronic signature” means an electronic symbol or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the electronic document.

      (Added to NRS by 2009, 3018)

      NRS 240.189  Applicability.  An electronic notary public shall comply with those provisions of NRS 240.001 to 240.169, inclusive, which are not inconsistent with NRS 240.181 to 240.206, inclusive. To the extent that the provisions of NRS 240.001 to 240.169, inclusive, conflict with the provisions of NRS 240.181 to 240.206, inclusive, the provisions of NRS 240.181 to 240.206, inclusive, control.

      (Added to NRS by 2009, 3026)

      NRS 240.191  Appointment by Secretary of State; cancellation of appointment; unlawful acts; injunctive relief.

      1.  The Secretary of State may appoint electronic notaries public in this State.

      2.  The Secretary of State shall not appoint as an electronic notary public a person who submits an application containing a substantial and material misstatement or omission of fact.

      3.  An electronic notary public may cancel his or her appointment by submitting a written notice to the Secretary of State.

      4.  It is unlawful for a person to:

      (a) Represent himself or herself as an electronic notary public appointed pursuant to this section if the person has not received a certificate of appointment from the Secretary of State pursuant to NRS 240.192.

      (b) Submit an application for appointment as an electronic notary public that contains a substantial and material misstatement or omission of fact.

      5.  The Secretary of State may request that the Attorney General bring an action to enjoin any violation of paragraph (a) of subsection 4.

      (Added to NRS by 2009, 3018)

      NRS 240.192  Application for appointment; oath and bond; additional requirements for resident of adjoining state; commencement of term; fee for original, duplicate or amended certificate of appointment.

      1.  Each person applying for appointment as an electronic notary public must:

      (a) At the time of application, be a notarial officer in this State and have been a notarial officer in this State for not less than 4 years;

      (b) Submit to the Secretary of State an electronic application pursuant to subsection 2;

      (c) Pay to the Secretary of State an application fee of $50;

      (d) Take and subscribe to the oath set forth in Section 2 of Article 15 of the Constitution of the State of Nevada as if the applicant were a public officer;

      (e) Submit to the Secretary of State proof satisfactory to the Secretary of State that the applicant has successfully completed a course of study provided pursuant to NRS 240.195; and

      (f) Enter into a bond to the State of Nevada in the sum of $10,000, to be filed with the clerk of the county in which the applicant resides or, if the applicant is a resident of an adjoining state, with the clerk of the county in this State in which the applicant maintains a place of business or is employed. The applicant must submit to the Secretary of State a certificate issued by the appropriate county clerk which indicates that the applicant filed the bond required pursuant to this paragraph.

      2.  The application for an appointment as an electronic notary public must be submitted as an electronic document and must contain, without limitation, the following information:

      (a) The applicant’s full legal name, and the name to be used for appointment, if different.

      (b) The county in which the applicant resides.

      (c) The electronic mail address of the applicant.

      (d) A description of the technology or device, approved by the Secretary of State, that the applicant intends to use to create his or her electronic signature in performing electronic notarial acts.

      (e) The electronic signature of the applicant.

      (f) Any other information requested by the Secretary of State.

      3.  An applicant for appointment as an electronic notary public who resides in an adjoining state, in addition to the requirements set forth in subsections 1 and 2, must submit to the Secretary of State with the application:

      (a) An affidavit setting forth the adjoining state in which the applicant resides, the applicant’s mailing address and the address of the applicant’s place of business or employment that is located within the State of Nevada;

      (b) A copy of the applicant’s state business license issued pursuant to chapter 76 of NRS and any business license required by the local government where the applicant’s business is located, if the applicant is self-employed; and

      (c) Unless the applicant is self-employed, a copy of the state business license of the applicant’s employer issued pursuant to chapter 76 of NRS, a copy of any business license of the applicant’s employer that is required by the local government where the business is located and an affidavit from the applicant’s employer setting forth the facts which show that the employer regularly employs the applicant at an office, business or facility which is located within the State of Nevada.

      4.  In completing an application, bond, oath or other document necessary to apply for appointment as an electronic notary public, an applicant must not be required to disclose his or her residential address or telephone number on any such document which will become available to the public.

      5.  The bond, together with the oath, must be filed and recorded in the office of the county clerk of the county in which the applicant resides when the applicant applies for appointment or, if the applicant is a resident of an adjoining state, with the clerk of the county in this State in which the applicant maintains a place of business or is employed. On a form provided by the Secretary of State, the county clerk shall immediately certify to the Secretary of State that the required bond and oath have been filed and recorded. Upon receipt of the application, fee and certification that the required bond and oath have been filed and recorded, the Secretary of State shall issue a certificate of appointment as an electronic notary public to the applicant.

      6.  The term of an electronic notary public commences on the effective date of the bond required pursuant to paragraph (f) of subsection 1. An electronic notary public shall not perform an electronic notarial act after the effective date of the bond unless the electronic notary public has been issued a certificate of appointment pursuant to subsection 5.

      7.  Except as otherwise provided in this subsection, the Secretary of State shall charge a fee of $10 for each duplicate or amended certificate of appointment which is issued to an electronic notary public. If the electronic notary public does not receive an original certificate of appointment, the Secretary of State shall provide a duplicate certificate of appointment without charge if the electronic notary public requests such a duplicate within 60 days after the date on which the original certificate was issued.

      (Added to NRS by 2009, 3019)

      NRS 240.193  Requirements for bond; notification of exhaustion of penal sum; release of surety; suspension of appointment; reinstatement of appointment.

      1.  The bond required to be filed pursuant to NRS 240.192 must be executed by the person applying to become an electronic notary public as principal and by a surety company qualified and authorized to do business in this State. The bond must be made payable to the State of Nevada and be conditioned to provide indemnification to a person determined to have suffered damage as a result of an act by the electronic notary public which violates a provision of NRS 240.001 to 240.206, inclusive. The surety company shall pay a final, nonappealable judgment of a court of this State that has jurisdiction, upon receipt of written notice of final judgment. The bond may be continuous, but regardless of the duration of the bond, the aggregate liability of the surety does not exceed the penal sum of the bond.

      2.  If the penal sum of the bond is exhausted, the surety company shall notify the Secretary of State in writing within 30 days after its exhaustion.

      3.  The surety bond must cover the period of the appointment of the electronic notary public, except when a surety is released.

      4.  A surety on a bond filed pursuant to NRS 240.192 may be released after the surety gives 30 days’ written notice to the Secretary of State and the electronic notary public, but the release does not discharge or otherwise affect a claim filed by a person for damage resulting from an act of the electronic notary public which is alleged to have occurred while the bond was in effect.

      5.  The appointment of an electronic notary public is suspended by operation of law when the electronic notary public is no longer covered by a surety bond as required by this section and NRS 240.192 or the penal sum of the bond is exhausted. If the Secretary of State receives notice pursuant to subsection 4 that the bond will be released or pursuant to subsection 2 that the penal sum of the bond is exhausted, the Secretary of State shall immediately notify the electronic notary public in writing that his or her appointment will be suspended by operation of law until another surety bond is filed in the same manner and amount as the bond being terminated.

      6.  The Secretary of State may reinstate the appointment of an electronic notary public whose appointment has been suspended pursuant to subsection 5 if the electronic notary public, before his or her current term of appointment expires:

      (a) Submits to the Secretary of State:

             (1) An application for an amended certificate of appointment as an electronic notary public; and

             (2) A certificate issued by the clerk of the county in which the applicant resides or, if the applicant is a resident of an adjoining state, the county in this State in which the applicant maintains a place of business or is employed, which indicates that the applicant filed a new surety bond with the clerk; and

      (b) Pays to the Secretary of State a fee of $10.

      (Added to NRS by 2009, 3020)

      NRS 240.194  Term of office; suspension of appointment by operation of law; changes of information.

      1.  The initial term of appointment as an electronic notary public is 2 years. Each term of appointment as an electronic notary public subsequent to the initial term is 4 years.

      2.  The appointment of an electronic notary public is suspended by operation of law when the electronic notary public is no longer appointed as a notary public in this State. If the appointment of an electronic notary public has expired or been revoked or suspended, the Secretary of State shall immediately notify the electronic notary public in writing that his or her appointment as an electronic notary public will be suspended by operation of law until he or she is appointed as a notary public in this State.

      3.  If, at any time during his or her appointment, an electronic notary public changes his or her electronic mail address, county of residence, name, electronic signature or the technology or device used to create his or her electronic signature, the electronic notary public shall, within 10 days after making the change, submit to the Secretary of State:

      (a) An electronic document, signed with the electronic signature submitted by the electronic notary public pursuant to subsection 2 of NRS 240.192, that includes the change of information; and

      (b) A fee of $10.

      (Added to NRS by 2009, 3021)

      NRS 240.195  Courses of study required; persons required to successfully complete course of study; fees.

      1.  Except as otherwise provided in subsection 2, an applicant for appointment as an electronic notary public must successfully:

      (a) Complete a course of study that is in accordance with the requirements of subsection 5; and

      (b) Pass an examination at the completion of the course.

      2.  The following persons must successfully complete a course of study as required pursuant to subsection 1:

      (a) A person applying for his or her first appointment as an electronic notary public;

      (b) A person renewing his or her appointment as an electronic notary public if the appointment as an electronic notary public has been expired for a period of more than 1 year; and

      (c) A person renewing his or her appointment as an electronic notary public if, during the 4 years immediately preceding the application for renewal, the Secretary of State took action against the person pursuant to NRS 240.150 for failing to comply with any provision of this chapter or any regulations adopted pursuant thereto.

Ê A person renewing his or her appointment as an electronic notary public need not successfully complete a course of study as required pursuant to subsection 1 if the appointment as an electronic notary public has been expired for a period of 1 year or less.

      3.  A course of study required to be completed pursuant to subsection 1 must:

      (a) Include at least 3 hours of instruction;

      (b) Provide instruction in electronic notarization, including, without limitation, notarial law and ethics, technology and procedures;

      (c) Include an examination of the course content;

      (d) Comply with the regulations adopted pursuant to NRS 240.206; and

      (e) Be approved by the Secretary of State.

      4.  The Secretary of State may, with respect to a course of study required to be completed pursuant to subsection 1:

      (a) Provide such a course of study; and

      (b) Charge a reasonable fee to each person who enrolls in such a course of study.

      5.  A course of study provided pursuant to this section must satisfy the criteria set forth in subsection 3 and comply with the requirements set forth in the regulations adopted pursuant to NRS 240.206.

      6.  The Secretary of State shall deposit the fees collected pursuant to paragraph (b) of subsection 4 in the Notary Public Training Account created pursuant to NRS 240.018.

      (Added to NRS by 2009, 3022)

      NRS 240.196  Powers of electronic notary public.  A person appointed as an electronic notary public pursuant to NRS 240.181 to 240.206, inclusive, may, during normal business hours, perform the following electronic notarial acts for a person who requests the electronic notarial act and tenders the appropriate fee:

      1.  Taking an acknowledgment;

      2.  Executing a jurat; and

      3.  Administering an oath or affirmation.

      (Added to NRS by 2009, 3022)

      NRS 240.197  Fees for services; additional fees for travel expenses; notarial acts performed within and outside scope of employment.

      1.  An electronic notary public may charge the following fees and no more:

      (a) For taking an acknowledgment, for each signature........................................ $10

      (b) For executing a jurat, for each signature........................................................... $10

      (c) For administering an oath or affirmation without a signature...................... $10

      2.  An electronic notary public shall not charge a fee to perform a service unless he or she is authorized to charge a fee for such a service pursuant to this section.

      3.  All fees prescribed in this section are payable in advance, if demanded.

      4.  An electronic notary public may charge an additional fee for traveling to perform an electronic notarial act if:

      (a) The person requesting the electronic notarial act asks the electronic notary public to travel;

      (b) The electronic notary public explains to the person requesting the electronic notarial act that the fee for travel is in addition to the fee authorized in subsection 1 and is not required by law;

      (c) The person requesting the electronic notarial act agrees in advance upon the hourly rate that the electronic notary public will charge for the additional fee for travel; and

      (d) The additional fee for travel does not exceed:

             (1) If the person requesting the electronic notarial act asks the electronic notary public to travel between the hours of 6 a.m. and 7 p.m., $10 per hour.

             (2) If the person requesting the electronic notarial act asks the electronic notary public to travel between the hours of 7 p.m. and 6 a.m., $25 per hour.

Ê The electronic notary public may charge a minimum of 2 hours for such travel and shall charge on a pro rata basis after the first 2 hours.

      5.  An electronic notary public is entitled to charge the amount of the additional fee for travel agreed to in advance by the person requesting the electronic notarial act pursuant to subsection 4 if:

      (a) The person requesting the electronic notarial act cancels the request after the electronic notary public begins traveling to perform the requested electronic notarial act.

      (b) The electronic notary public is unable to perform the requested electronic notarial act as a result of the actions of the person who requested the electronic notarial act or any other person who is necessary for the performance of the electronic notarial act.

      6.  For each additional fee for travel that an electronic notary public charges pursuant to subsection 4, the electronic notary public shall enter in the journal that he or she keeps pursuant to NRS 240.201:

      (a) The amount of the fee; and

      (b) The date and time that the electronic notary public began and ended such travel.

      7.  A person who employs an electronic notary public may prohibit the electronic notary public from charging a fee for an electronic notarial act that the electronic notary public performs within the scope of the employment. Such a person shall not require the electronic notary public whom the person employs to surrender to the person all or part of a fee charged by the electronic notary public for an electronic notarial act performed outside the scope of the employment of the electronic notary public.

      (Added to NRS by 2009, 3022)

      NRS 240.198  Notarization of signature of person not in presence of notary public unlawful; penalty; notarization of certain electronic documents prohibited; powers limited to areas within this State.

      1.  An electronic notary public shall not willfully electronically notarize the signature or electronic signature of a person unless the person is in the presence of the electronic notary public at the time of notarization and:

      (a) Is known to the electronic notary public; or

      (b) If unknown to the electronic notary public, provides a credible witness or documentary evidence of identification to the electronic notary public.

      2.  A person who:

      (a) Violates the provisions of subsection 1; or

      (b) Aids and abets an electronic notary public to commit a violation of subsection 1,

Ê is guilty of a gross misdemeanor.

      3.  An electronic notary public shall not electronically notarize any electronic document related to the following:

      (a) A will, codicil or testamentary trust; and

      (b) Any transaction governed by the Uniform Commercial Code other than NRS 104.1306, 104.2101 to 104.2725, inclusive, and 104A.2101 to 104A.2532, inclusive.

      4.  An appointment as an electronic notary public pursuant to NRS 240.181 to 240.206, inclusive, does not authorize the electronic notary public to perform notarial acts in another state.

      (Added to NRS by 2009, 3023)

      NRS 240.199  Evidence of electronic notarial act.  An electronic notarial act must be evidenced by the following, which must be attached to or logically associated with the electronic document that is the subject of the electronic notarial act and which must be immediately perceptible and reproducible:

      1.  The electronic signature of the electronic notary public;

      2.  The electronic seal of the electronic notary public; and

      3.  The wording of a notarial certificate pursuant to NRS 240.1655, 240.166 to 240.167, inclusive, 240.1685 or 240.169.

      (Added to NRS by 2009, 3024)

      NRS 240.201  Duty to keep journal of electronic notarial acts; suspension of appointment for failure to produce journal entry; delivery of notarial records to Secretary of State upon resignation, revocation or expiration of appointment.

      1.  An electronic notary public shall keep a journal of each electronic notarial act which includes, without limitation, the requirements of subsections 1 and 5 of NRS 240.120.

      2.  The Secretary of State may suspend the appointment of an electronic notary public who fails to produce any journal entry within 10 days after receipt of a request from the Secretary of State.

      3.  Upon resignation, revocation or expiration of an appointment as an electronic notary public, all notarial records required pursuant to NRS 240.001 to 240.206, inclusive, must be delivered to the Secretary of State.

      (Added to NRS by 2009, 3024; A 2011, 1613)

      NRS 240.202  Use of electronic signature and electronic seal; safeguarding of electronic signature, electronic seal and notarial records; maintenance of technology or device used to create electronic signature.

      1.  The electronic signature and electronic seal of an electronic notary public must be used only for the purposes of performing electronic notarial acts.

      2.  An electronic notary public shall safeguard his or her electronic signature, the electronic seal and all notarial records maintained by the electronic notary public as follows:

      (a) When not in use, the electronic notary public shall keep the electronic signature, electronic seal and all notarial records secure, under the exclusive control of the electronic notary public and protected by a password where applicable.

      (b) An electronic notary public shall not permit his or her electronic signature or electronic seal to be used by any other person.

      (c) An electronic notary public shall not surrender or destroy his or her notarial records except as otherwise required by the order of a court or as allowed pursuant to NRS 240.001 to 240.206, inclusive, or any regulations adopted pursuant thereto.

      (d) Except as otherwise provided in subsection 3, an electronic notary public, within 10 days after discovering that his or her electronic signature or electronic seal has been stolen, lost, damaged or otherwise rendered incapable of affixing a legible image, shall:

             (1) Inform the appropriate law enforcement agency in the case of theft or vandalism; and

             (2) Notify the Secretary of State in writing, including, without limitation, a signature using the name on the certificate of appointment issued pursuant to subsection 5 of NRS 240.192.

      3.  An electronic notary public shall take reasonable steps to maintain the technology or device used to create his or her electronic signature, and to ensure that the technology or device has not been recalled, revoked, terminated or otherwise rendered ineffective or unsecure by the entity that created the technology or device. Upon learning that the technology or device used to create his or her electronic signature has been rendered ineffective or unsecure, an electronic notary public shall cease performing electronic notarial acts until:

      (a) A new technology or device is acquired; and

      (b) The electronic notary public sends an electronic notice to the Secretary of State that includes, without limitation, the information required pursuant to paragraphs (d) and (e) of subsection 2 of NRS 240.192 relating to the new technology or device.

      (Added to NRS by 2009, 3024)

      NRS 240.203  Notice to Secretary of State of resignation or death of notary public or revocation or expiration of appointment; duty to erase, delete, destroy or otherwise render ineffective the notary’s electronic signature technology or device.

      1.  Except as otherwise provided in subsection 3, if an electronic notary public dies or resigns during his or her appointment, or if the appointment of the electronic notary public is revoked or expires, the electronic notary public, the executor of his or her estate or an authorized representative of the electronic notary public, as appropriate, shall:

      (a) Notify the Secretary of State of the resignation or death; and

      (b) Erase, delete, destroy or otherwise render ineffective the technology or device used to create his or her electronic signature.

      2.  Upon receipt of the notice required by subsection 1, the Secretary of State shall cancel the appointment of the electronic notary public, effective on the date on which the notice was received.

      3.  A former electronic notary public whose previous appointment as an electronic notary public was not revoked and whose previous application for appointment as an electronic notary public was not denied is not required to erase, delete, destroy or otherwise render ineffective the technology or device used to create his or her electronic signature if the former electronic notary public renews his or her appointment, using the same electronic signature, within 3 months after the expiration of his or her previous appointment as an electronic notary public.

      (Added to NRS by 2009, 3025)

      NRS 240.204  Unlawful acts.

      1.  A person who knowingly creates, manufactures or distributes software or hardware for the purpose of allowing a person to act as an electronic notary public without being appointed in accordance with NRS 240.181 to 240.206, inclusive, is guilty of a gross misdemeanor.

      2.  A person who wrongfully obtains, conceals, damages or destroys the technology or device used to create the electronic signature of an electronic notary public is guilty of a gross misdemeanor.

      (Added to NRS by 2009, 3025)

      NRS 240.205  Authentication of signature of electronic notary public by Secretary of State.

      1.  Except as otherwise provided in subsection 2, the Secretary of State shall, upon request, issue an authentication to verify that the electronic signature of the electronic notary public on an electronic document is genuine and that the electronic notary public holds the office indicated on the electronic document. The authentication must be:

      (a) Signed by the Secretary of State; and

      (b) In conformance with any relevant international treaties, agreements and conventions subscribed to by the Government of the United States, including, without limitation, the Hague Convention of October 5, 1961.

      2.  The Secretary of State shall not issue an authentication pursuant to subsection 1 if:

      (a) The electronic document has not been electronically notarized in accordance with the provisions of NRS 240.001 to 240.206, inclusive; or

      (b) The Secretary of State has reasonable cause to believe that the electronic document may be used to accomplish any fraudulent, criminal or unlawful purpose.

      (Added to NRS by 2009, 3025)

      NRS 240.206  Regulations.  The Secretary of State may adopt regulations to carry out the provisions of NRS 240.181 to 240.206, inclusive.

      (Added to NRS by 2009, 3026)

COMMISSIONED ABSTRACTERS

      NRS 240.240  Creation of office.  The office of commissioned abstracter, in and for the several counties of this State, is hereby created.

      [1:180:1927; NCL § 1450]

      NRS 240.250  Appointment and commission.  The Secretary of State is empowered to appoint and commission commissioned abstracters in and for the several counties of this State, in any number in which applications may be made to the Secretary of State, as in his or her judgment may be deemed advisable.

      [2:180:1927; NCL § 1451]—(NRS A 1997, 941)

      NRS 240.260  Term of office.  The term of office of a commissioned abstracter shall be for 4 years.

      [Part 3:180:1927; NCL § 1452]

      NRS 240.270  Fee for commission; oath and bond.

      1.  Each commissioned abstracter, before entering upon the acts authorized in NRS 240.240 to 240.330, inclusive, and at the time the commissioned abstracter receives his or her commission, shall:

      (a) Pay to the Secretary of State the sum of $10.

      (b) Take the official oath as prescribed by law, which oath shall be endorsed on his or her commission.

      (c) Enter into a bond to the State of Nevada in the sum of $2,000, to be approved by the district judge of the county for which the commissioned abstracter may be appointed.

      2.  Each commissioned abstracter shall have his or her commission, together with the bond, recorded in the office of the clerk of the county for which the commissioned abstracter has been appointed.

      [5:180:1927; A 1951, 8]—(NRS A 1979, 78)

      NRS 240.280  Seal.

      1.  Each commissioned abstracter shall provide an official seal with which the commissioned abstracter shall authenticate all his or her official acts. There shall be engraved on the official seal:

      (a) The name of the county for which the commissioned abstracter has been commissioned.

      (b) The name of the State.

      (c) The name of the commissioned abstracter.

      (d) The words “Commissioned Abstracter.”

      2.  An impression of the official seal shall be made on the official bond of each commissioned abstracter before recording the bond.

      [6:180:1927; NCL § 1455]

      NRS 240.290  Acts may be performed anywhere in State.  All acts of any commissioned abstracter performed anywhere within this State shall be of the same force and validity as if performed within the county for which the commissioned abstracter was appointed and in which he or she resides.

      [4:180:1927; NCL § 1453]

      NRS 240.300  Powers.  A commissioned abstracter shall have authority:

      1.  To make search and examination of all public records and compile abstracts of title to real property or other property therefrom.

      2.  To make abstracts or copies of any and all instruments of record in any public office within this state, and certify the same in the official name and title of the commissioned abstracter, and under his or her official seal.

      [7:180:1927; NCL § 1456]

      NRS 240.310  Fees.  Each commissioned abstracter shall be entitled to charge and receive, from a person or persons by whom the commissioned abstracter is employed, for services rendered, such fees as would be considered just and reasonable.

      [8:180:1927; NCL § 1457]

      NRS 240.320  Revocation of commission.  The Secretary of State may at any time, for cause, revoke the commission of a commissioned abstracter.

      [Part 3:180:1927; NCL § 1452]—(NRS A 1997, 941)

      NRS 240.330  Penalties.

      1.  For any misconduct or neglect in any of the matters in which any commissioned abstracter appointed under the authority of NRS 240.240 to 240.330, inclusive, is authorized to act, the commissioned abstracter shall be liable on his or her official bond to the person or persons injured thereby for all damages sustained.

      2.  For any willful violation or neglect any commissioned abstracter shall be subject to criminal prosecution, and may be punished by fine not exceeding $2,000 and removal from office.

      [9:180:1927; NCL § 1458]