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- Model Notary Act
Download the Model Notary Act of 2022. Model Notary Act of 2022 (2025 Revision)* Model Notary Act Adoptions Map Revision Committee The Model Notary Act is a comprehensive statute prototype designed to assist lawmakers and Notary program administrators in modernizing and strengthening the Notary Public statutes in their state. Conceived as the Uniform Notary Act in 1973 in a special collaboration with Yale Law School, it was renamed the Model Notary Act and progressively expanded in 1984, 2002 and 2010. The MNA review panels have included secretaries of state, law professors, technology experts, mortgage banking executives and government officials at every level. For nearly five decades, legislators and Notary-regulating officials have borrowed extensively from all versions of the Model Notary Act in reforming state and territorial Notary laws. Several U.S. jurisdictions have adopted the MNA virtually in its entirety, while many others have enacted discrete sections and articles from the Act to update and improve their Notary laws. * See the Foreword (Page viii) for the changes in the 2025 Revision. PRIOR VERSIONS Model Notary Act of 2022 Model Electronic Notarization Act Of 2017 The Model Notary Act Of 2010 The Model Notary Act Of 2010 Revision Committee The Model Notary Act Of 2002 The Model Notary Act Of 2002 Revision Committee The Model Notary Act Of 1984 The Uniform Notary Act Of 1973
- Nevada - U.S. Notary Reference
75 min Add a reaction Last Update: April 17, 2025 TABLE OF CONTENTS (Click/Tap to Expand and Contract) QUICK FACTS Notary Jurisdiction Statewide (NRS 240.020). Notary Term Length Four years (NRS 240.020). Notary Bond 10,000 (NRS 240.030.1[d]). Notary Seal Required (NRS 240.1655.1[d]). Notary Journal Required (NRS 240.120.1). Go to top. ADMINISTRATION AND RULES Commissioning and Regulating Official The Nevada Secretary of State appoints, regulates, and maintains records on the state’s Notaries (NRS 240.010.1; 240.017; 240.150). Contact Information Address Office of Secretary of StateNotary Division101 N. Carson Street, Suite 3Carson City, NV 89701-3714 Phone : 775-684-5708 Website : https://www.nvsos.gov/sos/licensing/notary Laws, Rules and Guidelines Laws Nevada Revised Statutes: Most Notary statutes are in the Nevada Revised Statutes (NRS) Chapter 240, “Notaries Public and Commissioned Abstracters,” including the “Uniform Law on Notarial Acts” and “Electronic Notarization Enabling Act”; Chapter 111, “Estates in Property; Conveyancing and Recording”; and Chapter 122, “Marriage.” Citations: Citations to the Statutes in this chapter follow this convention: NRS, chapter, section, and any subsection, paragraph, or subparagraph within the section, if applicable, separated by periods and/or brackets. Example: NRS 240.010.1[c][2]. Rules Nevada Administrative Code: Rules regulating Notaries are set forth in the Nevada Administrative Code, Chapter 240. Citations: Citations to the Rules in this chapter follow this convention: NAC, chapter, and rule number separated by periods, and any subsection, paragraph, or subparagraph within the rule number, if any, separated by periods and/or brackets. Example: NAC 240.310[a]. Guidelines : Guidelines for Notaries may be found in the Nevada “Notary Public Handbook” (NPH) (2023-2027), which may be downloaded from the Secretary of State’s website. Go to the top. COMMISSION AND APPOINTMENT Generally, all information filed with or obtained by the Secretary — except that relating either to investigations of alleged notarial misconduct or to the appointment of someone previously convicted of certain crimes — is public information and available for public examination (NRS 240.007[1] through [3] and 240.010[3]). However, Notaries are not required to submit a residential address or telephone number on any application document that will become available to the public (NRS 240.030[3]). Appointment Process Qualifications : An applicant for appointment as a Nevada Notary Public must (NRS 240.015): (a) Be at least 18 years old, (b) Be a resident of Nevada or be a resident of a bordering state and maintain or be employed at a licensed place of business in Nevada, (c) Possess his or her civil rights, and (d) Have completed a course of study pursuant to NRS 240.018. To qualify as a resident of Nevada pursuant to NRS 240.015, the applicant must have been “actually, physically and corporeally present in this state with the intent to establish permanent habitation for at least 30 days before the date on which he or she submitted his or her application” and, once appointed as a Notary, “must maintain residency in this state during the term of his or her appointment” (NAC 240.260). Persons holding public office in the U.S. federal government are not eligible to become Nevada Notaries, though federal employees are (NV Atty. Gen. Op. 56-229). Course : Required. All new and renewing applicants for a Notary appointment must pass an approved course of instruction, as must a person who has committed a violation of NRS Chapter 240 or whose appointment has been suspended and who has been required by the Secretary of State to enroll in such a course (NRS 240.018[3]). Provider: The Nevada Secretary of State’s office is the official provider of Notary courses. Fee: There is a $45 fee for the course. Registration instructions are on the Secretary’s website. Individual Notary applicants must take the online course; the in-person class is available only to organizational groups (website, “Training & Class Information”). Proof of Completion: “An applicant for appointment as a notary public who is required pursuant to NRS 240.018 to enroll in and successfully complete a course of study for the mandatory training of notaries public must include with his or her application a certificate of successful completion of such a course, which must contain a validation stamp from the Secretary of State” (NAC 240.270.2). Validity: “A certificate of successful completion of a course of study for the mandatory training of notaries public is valid for 90 days after the date of its issuance” (NAC 240.270.2). Exam : Required. Effective July 1, 2015, the course of study required for a Notary appointment must include at least three hours of instruction and an examination (NRS 240.018.1[a][1]). The fee for the training is $45 and is paid at the time of creating an application for appointment as a Notary (see below). At the conclusion of the training and successful passing of the exam, the applicant will receive a certificate of course completion to upload when creating an application for appointment. Certificates of completion are valid for 90 days after their date of issuance. Application Bond and Oath of Office Filing: All applicants must obtain a $10,000 surety bond and take and sign the required oath office, both of which must be filed with the county clerk in the applicant’s county of residence or employment prior to applying to become a Notary Public. The county clerk will then issue a filing notice to the applicant, as proof that the oath and bond have been filed and recorded. Online Application Filing: Applicants must create an account and log in to the Secretary of State’s SilverFlume online business registration system to apply for a Notary appointment. An applicant must declare under penalty of perjury that he or she has never had an appointment as a Notary revoked or suspended in Nevada or any other U.S. state or territory (NRS 240.030.1[e]). Commission Name: “A person applying for appointment as a notary public may use his or her given name, a short or familiar form of his or her given name or the first initial of his or her given name, followed by the person’s surname” (NAC 240.210.1). “A notary public may use his or her given name, a short or familiar form of his or her given name or the first initial of his or her given name, followed by the notary public’s surname, as his or her official signature which must be consistent with the original signature on the application for appointment as a notary public” (NAC 240.210.3). Print, Sign Application: Upon completing all required fields in the online Notary application, the applicant must print out the application, sign it, and upload the signed application, county clerk filing notice and certificate of course completion (if on hand). “During the notary application submission process, the system allows one upload attempt of the required documentation” (website, “Step-By-Step Guide To Become A Notary”). The Secretary of State recommends uploading the Certificate of Course Completion at this time since it will shorten the commission approval process. Fee: At the time of uploading the signed printed application, county clerk filing, and certificate of course completion, the applicant will pay the $35 application and $45 training fee ($80 combined). Background Screening : Nevada statute requires a background screening only if required by the Secretary of State (NRS 240.030(1)(f)). The Nevada Administrative rules adopted by the Nevada Secretary of State itself, state a background screening is required (NAC 240.215). Despite the legal requirement in the NAC, the Nevada Secretary of State has chosen not to implement the background screening requirement. Nonresidents Bordering States: Residents of bordering states (i.e., Arizona, California, Idaho, Oregon, Utah) may become Nevada Notaries if they maintain or are employed at a licensed place of business in Nevada (NRS 240.015[3]). Such nonresident applicants must include with their applications a notarized “Nonresident Notary Public Affidavit of Applicant.” Affidavit, Business License of Employer: Nonresident applicants who are employed by a licensed employer must also submit a notarized “Affidavit of Employer of Applicant” and a copy of the employer’s business license(s); applicants who are self-employed must also submit a notarized “Affidavit of Self-Employed Applicant” and a copy of the applicant’s business license(s) in the Secretary of State’s SilverFlume system (NAC 240.262; 240.264; and 240.266). Bond and Oath of Office: The applicant’s bond and oath must be filed in his or her county of employment (NRS 240.030[1][d], [2] and [4]). Annual Filing of Business License: “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 …, 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” (NRS 240.031). Reappointment : Notaries seeking to be reappointed to a new term must follow the same steps as with the initial appointment. Registration to Perform In-Person and Remote Notarial Acts In-Person Electronic Notarial Acts Qualifications: “Except as otherwise provided in subsection 5, each person registering as an electronic notary public must: “(a) At the time of registration, be a notarial officer in this State who has complied with the requirements pertaining to taking an oath and filing a bond set forth in NRS 240.030 and 240.033 and have complied with all applicable notarial requirements set forth in this chapter; “(b) Register with the Secretary of State by submitting an electronic registration pursuant to subsection 2; “(c) Pay to the Secretary of State a registration fee of $50, which is in addition to the application fee required pursuant to NRS 240.030 to be a notarial officer in this State; and “(d) Submit to the Secretary of State with the registration proof satisfactory to the Secretary of State that the registrant has: “(1) Successfully completed any required course of study on electronic notarization provided pursuant to NRS 240.195; and “(2) Complied with the requirements pertaining to taking an oath and filing a bond set forth in NRS 240.030 and 240.033” (NRS 240.192.1). Application: “Unless the Secretary of State establishes a different process for submitting a registration as an electronic notary public, the registration as an electronic notary public must be submitted as an electronic document by electronic email to nvnotary@sos.nv.gov or, if another electronic mail address is designated by the Secretary of State, to such other designated electronic mail address, and must contain, without limitation, the following information: “(a) All information required to be included in an application for appointment as a notary public pursuant to NRS 240.030. “(b) A description of the technology or device that the registrant intends to use to create his or her electronic signature in performing electronic notarial acts. “(c) The electronic signature of the registrant. “(d) Any other information required pursuant to any rules or regulations adopted by the Secretary of State” (NRS 240.192.2). Application Inclusions: “In addition to the information required by NRS 240.192, a person registering as an electronic notary public must include with his or her registration: “1. The notary public commission number assigned to the person by the Secretary of State; “2. The name of each solution provider whose electronic notarization solution the person intends to use to perform an electronic notarial act; “3. A copy of the electronic seal and electronic signature of the person that is: “(a) An exact representation of the handwritten signature of the person on file with the Secretary of State; and “(b) In a file format that can be read without additional software and be compared for authentication purposes to the person’s handwritten signature on file with the Secretary of State; “4. A certificate or other proof of successful completion of the course of study on electronic notarization provided pursuant to NRS 240.195, which indicates successful completion of the course not earlier than 90 days before submission of the registration; and “5. A statement certifying that the person will comply with the applicable provisions of this chapter and chapter 240 of NRS” (NAC 240.648). Payment of Fee: “Unless the Secretary of State establishes a different process for the payment of the registration fee required pursuant to paragraph (c) of subsection 1, the registration fee must be paid by check or draft, made payable to the Secretary of State and transmitted to the Office of the Secretary of State” (NRS 240.192.3). Effective Date: “Except as otherwise provided in subsection 5, registration as an electronic notary public shall be deemed effective upon the payment of the registration fee required pursuant to paragraph (c) of subsection 1 if the registrant has satisfied all other applicable requirements” (NRS 240.192.4). Commission Number: “A notary public who is registered by the Secretary of State as an electronic notary public retains the commission number assigned by the Secretary of State to the notary public” (NAC 240.660). Course and Exam Requirement: “Except as otherwise provided in subsection 3, a registrant for appointment as an electronic notary public must successfully: “(a) Complete any course of study on electronic notarization that is required pursuant to subsection 1 in accordance with the requirements of subsection 6; and “(b) Pass an examination at the completion of the course” (NRS 240.195.2). Persons Required to Take Course: “The following persons are required to enroll in and successfully complete any course of study on electronic notarization that is required pursuant to subsection 1: “(a) A person registering for the first time as an electronic notary public; “(b) A person renewing his or her registration as an electronic notary public; and “(c) A person who has committed a violation of this chapter or whose registration or an electronic notary public has been suspended, and who has been required by the Secretary of State to enroll in a course of study provided pursuant to this section” (NRS 240.195.3). Approved Online Course: “A course of study required to be completed pursuant to subsection 1 must: “(a) Be taken online and be of a duration of not more than 3 hours, including instruction and completion of an examination of the course content; “(b) Provide instruction in electronic notarization, including, without limitation, notarial law and ethics, technology and procedures; “(c) Comply with any regulations adopted pursuant to NRS 240.206 relating to course of study on electronic notarization; and “(d) Be approved by the Secretary of State” (NRS 240.195.4). Course Fee: “The Secretary of State may, with respect to a course of study required to be completed pursuant to subsection 1, charge a reasonable fee to each person who enrolls in such a course of study” (NRS 240.195.5). Term Coterminous with Notary Appointment: “The period of registration as an Electronic Notary is coterminous with his or her term of appointment as a notary public pursuant to NRS 240.010” (NRS 240.194.1). Suspension of Registration: “The registration 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 registration 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 registration 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” (NRS 240.194.2). Renewal: “Registration as an electronic notary public must be renewed at the same time a person renews his or her appointment as a notary public” (NRS 240.194.1). Remote Notarial Acts : “Before an electronic notary public performs electronic notarial acts using audio-video communication, he or she must register with the Secretary of State pursuant to NRS 240.192 and identify the technology that the electronic notary public intends to use, which must conform to any rules or regulations adopted by the Secretary of State” (NRS 240.1991.2). Online Search Not available. Jurisdiction “A person appointed as a notary public pursuant to this chapter may perform notarial acts in any part of this state.…” (NRS 240.020). Term Length “A person appointed as a notary public pursuant to this chapter may perform notarial acts … for a term of 4 years, unless sooner removed” (NRS 240.020). Bond Requirement : “Each person applying for appointment as a notary public must … [e]nter 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” (NRS 240.020.1[d]). Bond Filing : “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 or, if applicable, an act by the electronic notary public which violates a provision of NRS 240.001 to 240.206, inclusive” (NRS 240.033.1). “The bond that a person applying for appointment as a notary public must enter into pursuant to the provisions of paragraph (d) of subsection 1 of NRS 240.030 must be entered under the same form of the person’s name that appears on the application for appointment” (NAC 240.210.2). Exhaustion of Bond : “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” (NRS 240.033.2). Suspension Without Bond : “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” (NRS 240.033.5). A Notary whose commission has been suspended due to exhaustion or cancellation of a bond may apply to the Secretary of State for reinstatement by submitting an application for an amended certificate of appointment, a certificate from the county clerk stating the suspended Notary filed a new bond, and a $10 application fee (NRS 240.033.6). Release of Surety : “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” (NRS 240.033.4). Changes of Status Address and Employment Change : “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” (NRS 240.036.1). The cost is $10. “If I leave my current job and that employer paid for my becoming a notary, am I no longer a notary? — No, you are still a notary. However, be aware that the employer may cancel your bond, and you would be required to get a new one. If you are not allowed to take your stamp with you, it must be destroyed and you can purchase a new one. The stamp, journal, and Certificate of Appointment are the property of the notary (see NRS 240.143)” (website, “FAQs”). Name or Signature Change : Within 30 days after changing a signature or a name with the intention to use the new signature or name in performing notarial duties, the Notary must apply for an amended certificate of appointment with the Secretary of State. The cost is $10 (NRS 240.036.1 and 3). Electronic Notaries Change of Name, Address or Technology: “If, at any time during his or her appointment, an, a registered 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” (NRS 240.194.3). Termination of Resignation or Death of Notary Duties: “Except as otherwise provided in subsection 3, if an electronic notary public dies during his or her period of registration, or if the registration of the electronic notary public is surrendered or 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” (NRS 240.203.1). Date of Cancellation: “Upon receipt of the notice required by subsection 1, the Secretary of State shall cancel the registration of the electronic notary public, effective on the date on which the notice was received” (NRS 240.203.2). Destruction of Technology Not Required, When : “A former electronic notary public whose previous registration as an electronic notary public was not revoked and whose previous registration 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 registration, using the same electronic signature, within 3 months after the expiration of his or her previous registration as an electronic notary public” (NRS 240.203.3). Go to top. NOTARIAL ACTS Authorized Acts Notarial Acts : Nevada Notaries Public and notarial officers are authorized to perform the following notarial acts (NRS 240.004 unless otherwise noted; see also 240.060): Take acknowledgments and proofs; Administer oaths and affirmations; Execute jurats; Certify copies; Make or note protests of negotiable instruments, if employed by a depository institution; Perform marriage ceremonies after qualifying with a county clerk (NRS Chapter 122); Perform other duties as prescribed by a specific statute. In-Person Electronic and Remote Notarial Acts : Nevada Notaries who have registered with the Secretary of State as an Electronic Notary Public may perform the following notarial acts electronically and remotely (NRS 240.185; see also NRS 240.196): Taking an acknowledgment; Administering an oath or affirmation; Executing a jurat; Certifying a true and correct copy; and Performing such other duties as may be prescribed by a specific statute.” Acknowledgments Definitions Acknowledgment: “‘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” (NRS 240.002). In a Representative Capacity: “‘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” (NRS 240.003) Requirements Identity of Principal: “[A] notarial officer shall … 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” (NRS 240.1655.2[a]). Presentation of Document: The person who signed the document shall present the document to the notarial officer in person” (NRS 240.1655.2[a]). Acknowledgment of Principal: The individual making the acknowledgment must verbally “declare” (acknowledge) to the Notary (NRS 240.002): Signature: The individual must acknowledge that “he or she has executed an instrument for the purposes stated therein….” Representative Capacity and Authority: If the individual has or is signing the record in a representative capacity, the individual must declare “that the person signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein.” Proofs Authority : NRS 111.265 authorizes certain officers, including Notaries, to take proofs of conveyances affecting real property: “The proof or acknowledgment of every conveyance affecting any real property, if acknowledged or proved within this State, must be taken by one of the following persons: “1. A judge or a clerk of a court having a seal. “2. A notary public. “3. A justice of the peace.” Proof by Handwriting : There are provisions for a proof by handwriting in the event that a subscribing witness is dead or cannot be found (NRS 111.135 through 111.150). Acknowledged Documents Only : “If a document signer cannot personally appear before a notary, a subscribing witness may swear, or affirm, that the signature is that of the document signer. The subscribing witness had to be present when the document was signed by the principle and be Personally Known by the Notarial Officer to have subscribing witness’ signature notarized. Only documents requiring an acknowledgment can be notarized through a subscribing witness” (NPH). Oaths and Affirmations Definition : “‘Oath’ includes affirmation or declaration” (NRS 10.035). Requirements : “[A] notarial officer shall … In administering an oath or affirmation, determine, from personal knowledge or satisfactory evidence, the identity of the person taking the oath or affirmation” (NRS 240.1655.2[b]). “The individual taking the oath or affirmation raises one’s right hand while you, the notarial officer, state the words of the oath or affirmation. The oath-taker then repeats these words back to you, and the notarial officer completes the document as required” (website, “Duties”). “To be sensitive to people who wish not to take an oath by swearing, the Notary Public may substitute the word ‘affirm’ for ‘swear’ and exclude the phrase ‘so help you God.’ The person must still answer ‘Yes’ and sign the document in the presence of the Notary Public” (NPH). Jurats Definition : “‘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 … or affirmed that the statements in the document are true” (NRS 240.0035). Requirements Identity of Principal: “A notarial officer shall … 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” (NRS 240.1655.2[e]). Witness Signature: “ The affiant shall sign the document in the presence of the notarial officer” (NRS 240.1655.2[e]). Oath Form: “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)?” (NRS 240.1655.2[e]). Copy Certifications Requirements Make Photocopy: “A notarial officer shall … 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” (NRS 240.1655.2[c]). “In certifying a copy of a document, the Notarial Officer must 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. The Notary Public must create the copy and is prohibited from completing a certificate on copy produced by another person” (NPH). Public Records: Notaries may not certify photocopies of a certificate of birth, death or marriage or of a divorce or annulment decree (NRS 240.075.5 and 440.175.2). Not Evidence of Document Contents : “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” (NRS 240.063.2). Original Document Not Required : “Must I see the original document when notarizing a certified copy? — No, the law allows you to certify to a document presented to you. The notarial wording used to certify a copy does not indicate that you are certifying to an original document” (website, “FAQs”). Foreign Language Copies : Regarding the Notary certifying a copy of a document written in a foreign language, “[i]f you are asked to certify a copy [of a document written in a foreign language], you should make the photocopy yourself rather than try to compare two copies” (website, “FAQs”). Paper Printout of Electronic Record : Effective July 1, 2021, Chapter 243 of 2021 (Assembly Bill 325) authorized Electronic Notaries to certify that a tangible copy of an electronic record is a true and correct copy. See “Certificate of Notarial Act,” below for the notarial certificate for this new type of copy certification. “In certifying a copy of an electronic document, the Notarial Officer is certifying that a paper document is a true and correct copy of an electronic document and was printed by the Notarial Officer or under their supervision. The Notarial Officer must print the entire document and complete the certificate on the printed paper document” (NPH). Protests Definition : “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notarial officer or other person authorized to administer oaths by the law of the place where dishonor occurs” (NRS 104.3505.2). Requirements : “A notarial officer shall … in making or noting a protest of a negotiable instrument, verify compliance with the provisions of subsection 2 of NRS 104.3505” (NRS 240.1655.2[d]). “[A protest] may be made upon information satisfactory to him or her. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (NRS 104.3505.2). “A notary public shall not … 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” (NRS 240.075.10). Marriages Authority : A law taking effect on October 1, 2013, as Chapter 264 of the Acts of 2013 (Senate Bill 419) amends NRS Chapter 122 to authorize Notaries in good standing to qualify with the county clerk of their county of residence to solemnize marriages. Application, Fee : The application fee for such qualification is $25. Alternatively, any Notary in good standing may apply to the local county clerk, up to five times a year, to perform a specific marriage. The application fee for each such marriage is $25. In either case, the county clerk may require the applying Notary to pay for a background screening. The Notary must take a course offered by the county clerk, if the county clerk has a course. Marriage License, Ceremony : Upon being granted county certification of permission to perform marriages, the Notary may officiate at the marital rite of any couple who presents the Notary with a valid marriage license issued by a clerk of a Nevada county. In officiating at nuptial ceremonies, Notaries must comply with all laws of Nevada relating to solemnization of marriages. A Notary who performs a marriage without the couple presenting a valid license is guilty of a misdemeanor. After a marriage is solemnized, the Notary gives each couple a marriage certificate. Coterminous with Notary Appointment : A certificate of permission to perform marriages is valid as long as the Notary’s appointment is in effect. Upon appointment expiration and renewal, the Notary may renew the certificate of permission without a fee if the application is made within three months of appointment expiration. If the Notary moves from the county, the certificate of permission to perform marriages expires. Marriage Fee : A Notary may charge $75 to perform a marriage (NRS 240.100.1). “A notary public may only charge the fee … for performing a marriage ceremony if the notary public possesses a valid certificate to perform marriages that has been issued to the notary public pursuant to NRS 122.064” (NAC 240.320.1). Violations may result in revocation or suspension of the Notary’s appointment (NAC 240.310.2). In-Person Electronic Notarial Acts Definition : “‘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; “4. Certifying a true and correct copy; and “5. Performing such other duties as may be prescribed by a specific statute” (NRS 240.185). Go to top. STANDARDS OF PRACTICE Personal Appearance Definition : “'In the presence of' or ‘appear before’ means being: “1. In the same physical location as another person and close enough to see, hear, communicate with and exchange credentials with that person; or “2. In a different physical location from another person but able to see, hear and communicate with the person by means of audio-video communication that meets any rules or regulations adopted by the Secretary of State” (NRS 240.1882) Notarial Acts : “A notary public who is appointed pursuant to [Chapter 240] shall not willfully notarize the signature of a person unless the person is in the presence of the notary public….” (NRS 240.155.1). Remote Notarial Acts : “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….” (NRS 240.198.1). Note: In Nevada, an Electronic Notary may perform in-person electronic and remote notarial acts. Identification Notarial Acts Definitions Personal Knowledge: “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” (NRS 240.062). Credible Witness: “‘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” ” (NRS 240.0025). Requirement Acknowledgments, Jurats, Oaths/Affirmations: In taking an acknowledgment, executing a jurat, or administering an oath or affirmation, a Notary must identify the principal “from personal knowledge or satisfactory evidence” (NRS 240.1655.2). Proofs: “No proof by a subscribing witness shall be taken unless the witness shall be personally known to the person taking the proof to be the person whose name is subscribed to the conveyance as witness thereto, or shall be proved to be such by the oath or affirmation of a credible witness” (NRS 111.120). Satisfactory Evidence Personal Knowledge: “[A] notarial officer has satisfactory evidence that a person is the person whose signature is on a document if the person … Is personally known to the notarial officer” (NRS 240.1655.4[a]). Identification Documents: “[A] notarial officer has satisfactory evidence that a person is the person whose signature is on a document if the person … Is identified on the basis of an identifying document which contains a signature and a photograph … a consular identification card … [and] 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” (NRS 240.1655.4[c], [d], [f]). Number of IDs: “How many pieces of ID should I require? — As many as necessary to give you satisfactory evidence that the person whose signature is on the document is that person. One may be sufficient. If you rely on an identifying document, that document must contain a signature and a photograph of the document signer” (website, “FAQs”). Expired IDs: “Can I use an expired photo ID if the signature and photo match the person before me? — The statute doesn’t address expired IDs. You, the notary, have to make the determination of whether the ID presented is satisfactory or not” (website, “FAQs”). Seniors Over Age 65: In regard to the documentary identification standards allowed by statute for signers 65 years of age or older (i.e., any card issued by a governmental agency or senior citizen center), the Notary is cautioned to “[u]se this method of identification only if there is absolutely no other way to identify the document signer” (website, “FAQs”). Credible Witness: “[A] notarial officer has satisfactory evidence that a person is the person whose signature is on a document if the person … Is identified upon the oath or affirmation of a credible witness who personally appears before the notarial officer” (NRS 240.1655.4[b]). The credible witness must be present at the time of notarization (NRS 240.1655.4). An oath or affirmation administered by a Notary to a credible witness 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)?” (NRS 240.1655.5). “If a credible witness is used, that person must also sign your journal…. The credible witness needs to be present” (website, “FAQs”). Subscribing Witness: “[A] notarial officer has satisfactory evidence that a person is the person whose signature is on a document if the person … Is identified upon an oath or affirmation of a subscribing witness who is personally known to the notarial officer” (NRS 240.1655.4[e]). Remote Notarial Acts Definitions Certificate: “Certificate” has the meaning ascribed to it in NRS 720.030” (NRS 240.1997.2[a]). Credential: “‘Credential’ means a tangible record evidencing the identity of a person” (NRS 240.1823). “‘Credential’ has the meaning ascribed to it in NRS 240.1823 and includes, without limitation, a card or other document issued by a governmental entity as a means of identifying the principal that contains the photograph and signature of the principal and constitutes satisfactory evidence of the identity of a principal for the purposes of NRS 240.1655” (NAC 240.610). Credential Analysis: “Credential analysis” means a process or service that complies with any rules or regulations adopted by the Secretary of State through which a third party affirms the validity of a government-issued identification credential or any data thereon through the review of data sources” (NRS 240.1997.2[b]). Remote Presentation: “Remote presentation” means the transmission of a quality image of a government-issued identification credential to an electronic notary public through communication technology for the purpose of enabling the electronic notary public to identify the person appearing before the electronic notary public and to perform a credential analysis” (NRS 240.1997.2[c]; see also NAC 240.670[c][1]). Dynamic Knowledge-Based Authentication Assessment: “‘Dynamic knowledge-based authentication assessment’ means an identity assessment that is based on a set of questions formulated from public or private data sources for which the person taking the assessment has not previously provided an answer and that meets any rules or regulations adopted by the Secretary of State” (NRS 240.1825). Requirement: “1. For the purposes of performing an electronic notarial act for a person using audio-video communication, an electronic notary public has satisfactory or documentary evidence of the identity of the person if the electronic notary public confirms the identity of the person by: “(a) Personal knowledge; “(b) Each of the following: “(1) Remote presentation by the person of a government-issued identification credential that contains a photograph and the signature of the person; “(2) Credential analysis of the government-issued identification credential and the data thereon; and “(3) A dynamic knowledge-based authentication assessment; “(c) Any other method that complies with any rules or regulations adopted by the Secretary of State; or “(d) A valid certificate that complies with any rules or regulations adopted by the Secretary of State” (NRS 240.1997). Credential Analysis Standards: “1. To conduct a credential analysis for the purpose of identifying the principal pursuant to NRS 240.1997 and NAC 240.670 and 240.678, an electronic notary public shall use a reputable third-party vendor or software tool that: “(a) Demonstrates a proven credential analysis process that enables the electronic notary public to compare for consistency the information and photograph on a credential presented by a principal and the principal as viewed by the electronic notary public; and “(b) Employs a technology that: “(1) Requires a credential to pass a test of its authenticity that: “(I) Is consistent with sound commercial practices; “(II) Uses appropriate technologies to confirm the integrity of visual, physical or cryptographic security features; “(III) Uses appropriate technologies to confirm that the credential is not fraudulent or inappropriately modified; and “(IV) Uses information held or published by the issuer of the credential or another authoritative source, as available, to confirm the validity of the details of the credential; and “(2) Provides the output of the authenticity test to the electronic notary public” (NAC 240.695.1). “If an electronic notary public is unable to validate a credential presented by a principal or determines that the information and photograph on the credential are not consistent with the principal as viewed by the electronic notary public, the electronic notary public must not: “(a) Complete the electronic notarial act; or “(b) Make any further attempt to complete an electronic notarial act for the principal by using the credential to confirm the identity of the principal” (NAC 240.695.2). Dynamic Knowledge-Based Authentication Standards: “To conduct a dynamic knowledge-based authentication assessment for the purpose of identifying the principal pursuant to NRS 240.1997 and NAC 240.670 and 240.678, an electronic notary public shall use a procedure that: “1. Requires the principal to: “(a) Answer five questions concerning the principal that are drawn from public or private data sources and provide a minimum of five possible answers per question; and “(b) Obtain a passing score by answering correctly at least 80 percent of the questions within a period of 2 minutes; “2. If the principal does not obtain a passing score as required by paragraph (b) of subsection 1, authorizes the principal to make two additional attempts to obtain that passing score with the same electronic notary public within a 48-hour period but at least two of the questions previously answered by the principal must be replaced with different questions each time that the principal makes an additional attempt to obtain the passing score; “3. Confirms affirmatively whether the principal has correctly answered the questions; and “4. Keeps confidential the questions asked to the principal and the answers provided by the principal to the questions” (NAC 240.697). Approved System Provider: “An electronic notary public may use a solution provider who is registered with the Secretary of State pursuant to NAC 240.720 and 240.722 to confirm the identity of a principal as required by NRS 240.1997 and NAC 240.670 if the solution provider is approved by the Secretary of State to conduct identity proofing” (NAC 240.700.1). Incomplete Documents Prohibition : “A notary public shall not … 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” (NRS 240.075.9). “Filled Out Completely” Defined : “For the purposes of subsection 9 of NRS 240.075, the Secretary of State will deem a document that requires the signer to provide information within blank spaces to be filled out completely if the signer: “(a) Provides information in each blank space; or “(b) Designates any blank space in which information is not provided as not applicable or draws a line through the blank space” (NAC 240.310.1). Blank Signature Line : “If a document contains any blank signature line that is designated for an additional signer but the remainder of the document, exclusive of any such blank signature line, satisfies the requirements of subsection 1, the Secretary of State will deem the document to be filled out completely if it is clear that the notarization does not apply to any such blank signature line” (NAC 240.310.2). Blank Document : “A notary public shall not … [p]erform a notarial act on a document that contains only a signature” (NRS 240.075.8). “What if I am asked to notarize a signature that is on a blank piece of paper (no text)? — You must ask your customer to write an explanation as to why they want their signature notarized…. This statement may be as simple as: ‘I have been asked to have my signature notarized for verification’” (website, “FAQs”). Awareness or Competence “Must I determine if the person signing before me understands what he or she is signing? — You are not obligated to make this determination. If you are not comfortable performing a notarial service, you may refuse …” (website, “FAQs”). Signature by Mark Validity : “The signature of a party, when required to a written instrument, is equally valid if the party cannot write, if: “(a) The person makes his or her mark; “(b) The name of the person making the mark is written near it; and “(c) The mark is witnessed by a person who writes his or her own name as a witness” (NRS 52.305.1). Two Witnesses Required: “In order that a signature by mark may be acknowledged or may serve as the signature to any sworn statement, it must be witnessed by two persons who must subscribe their own names as witnesses thereto” (NRS 52.305.2). Signature by Proxy Authorization : “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” (NRS 240.1655.8). Signer and Witness Must Appear : “[B]oth the person who is physically unable to sign the document and the person directed to sign the person’s name on the document shall appear before the notarial officer at the time the document is signed” (NAC 240.340.1). Signature Stamp When Authorized : Under NRS Chapter 427A, a person who is unable to write a signature due to a physical disability may use a signature stamp to affix a signature “any time that a signature is required by law” (NRS 427A.755[1][a]). Validity : “A person, government, governmental agency and political subdivision of a government must treat each signature affixed by [such a person] through the use of a signature stamp in the same manner as it treats a signature made in writing” (NRS 427A.755[1][b]). Disqualifying Interest Personal : “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 [NRS 240.065] 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….” (NRS 240.065.1). Relatives Definition: “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” (NRS 240.065.4). Prohibition: “A notary public may not perform a notarial act if: … “(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” (NRS 240.065.1[c] and [d]). Attorneys : “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” (NRS 240.065.2). Other Notarial Officers : “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 notarial act performed in violation of this subsection is voidable” (NRS 240.061.2). Foreign-Language Document “Can I notarize a document that is written in a foreign language? — In most instances, yes. All you need is a title to put in your journal, and you can use the title the person gives you. However, you may not be able to witness a signature because you must be able to tell if that person is named in the document. If you are asked to certify a copy, you should make the photocopy yourself rather than try to compare two copies. You may need to check with an interpreter as to the type, or title, of the document. If this document is false or endorses or promotes a product, you will not know that. Finally, if the document is written in a language you cannot read, you must add the notarial wording in English” (website, “FAQs”). “Can I notarize a document written in a foreign language? – Yes. But, like all notarial acts you complete, this depends on if the Notary Public can obtain the information required to perform the Notarial Act.”● Can the notary obtain the title of document needed for the journal?”● When executing a Jurat, can the Notary Public determine the individual is named within the instrument?”● Is the Notary Public able to verify that the document does not use the Notary’s signature to endorse or promote a product?” (NPH) “If I am asked to certify a copy of a document that is in a language I do not understand, may I refuse to complete the Notarial Act because I am worried, I may be photocopying a document which I am prohibited for copying? – Yes. Again, you should not feel forced to complete a notarization” (NPH). Steps to Proper Notarization “Print and use the following Quick Reference Procedure to prevent errors in notarizing” (website, “Notarial Wording”). The steps listed are as follows: Read notarial wording. Examine signer’s ID, compare picture and description. Require signer to sign journal. Complete journal entry. Have document signer sign document, if unsigned. Complete notarial wording. Sign and stamp document. Notarizing After Hours “Can my employer deny me the right to notarize after hours? — No, your appointment belongs to you, the notary, not your employer (see NRS 240.101, 240.100.4, and 240.143)” (website, “FAQs”). Serving the Public “May I set aside certain hours to notarize documents for the general public and limit notarization to those hours (example: 1 p.m. to 2 p.m. only)? — This is a business decision to be made by each notary. The law does not prohibit such a practice” (website, “FAQs”). “Do I have to declare that I am a notary if a person off the street asks, ‘Where can I find a notary?’ — No. The notary law simply states that ‘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’ (see NRS 240.060)” (website, “FAQs”). Undue Influence “A notary public shall not … Influence a person to enter or not enter into a lawful transaction involving a notarial act performed by the notary public” (NRS 240.075.1). Deceit and Fraud “A notary public shall not … 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” (NRS 240.075.3). Testimonials “A notary public shall not … Pndorse or promote any product, service or offering if his or her appointment as a notary public is used in the endorsement or promotional statement” (NRS 240.075.4). Advertisements Non-English Ad – Mandatory Notice : “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” (NRS 240.085.1). Use of ‘Notario’ : “A notary public who is not an attorney licensed to practice law in this State shall not use the term “notario,” “notario publico,” “licenciado” 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” (NRS 240.085.2). Employer Restrictions : Effective July 1, 2015, laws governing employers of Notaries have been added to those cited above. Henceforth, an employer of a Notary may not: “(a) Prohibit the notary public from meeting the requirements set forth in subsection 1 [of NRS 240.085]; or “(b) Advertise using the term “notario,” “notario publico” or any other equivalent non-English term in any form of communication that advertises notary public services, including, without limitation, a business card, stationery, notice and sign, unless the notary public under his or her employment is an attorney licensed to practice law in this State” (NRS 240.085.5). In-Person Electronic Notarial Acts Applicable Law Uniform Electronic Transactions Act: In 2001, Nevada adopted the Uniform Electronic Transactions Act (UETA) (NRS 719.010 through 719.350), including the provision on notarization and acknowledgment. The UETA recognizes the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (NRS 719.280). Uniform Real Property Electronic Recording Act: Nevada enacted the Uniform Real Property Electronic Recording Act (NRS 111.366 through 111.3697) and clarified that an image of a seal is not required on an electronic real property document: “A physical or electronic image of a stamp impression or seal need not accompany an electronic signature” (NRS 111.3685.3). Electronic Notarization Enabling Act: Effective July 1, 2009, Nevada enacted the Electronic Notary Public Authorization Act (NRS 240.181 through 240.206). Effective July 1, 2018, the Act was renamed the Electronic Notarization Enabling Act. This Act regulates Electronic Notaries and Online Notaries in the state. These provisions are summarized below Nevada Administrative Code, Chapter 240: Effective December 14, 2018, the Secretary of State promulgated temporary regulations to implement the Electronic Notarization Enabling Act. These regulations are summarized below. Technology Systems Definitions Solution Provider: “‘Solution provider’ means a third-party vendor providing an electronic notarization solution” (NAC 240.635). Electronic Notarization Solution: “‘Electronic notarization solution’ means a set of applications, programs, hardware, software or technology designed to enable the performance of an electronic notarial act” (NAC 240.617). Approval of System Providers: Required. “An electronic notary public may use a solution provider who is registered with the Secretary of State pursuant to NAC 240.720 and 240.722 to confirm the identity of a principal as required by NRS 240.1997 and NAC 240.670 if the solution provider is approved by the Secretary of State to conduct identity proofing” (NAC 240.700.1). Registration of System Providers: The Nevada Administrative Code provides rules for registration as a technology system provider (NAC 240.700.2 240.720 and 240.722). Confirmation of Registered Notaries: “A solution provider shall take reasonable steps to ensure that an electronic notary public using its electronic notarization solution is registered with the Secretary of State and is in compliance with the requirements of this chapter and chapter 240 of NRS for the performance of an electronic notarial act” (NAC 240.725). List of Approved System Providers: The Secretary of State maintains a listing of technology system providers whose systems are approved for use by Nevada Notaries at https://www.nvsos.gov/sos/licensing/notary/electronic-notary-solution-provider-information-1678 . Unauthorized Acts and Transactions : “Except as otherwise specifically provided by law … 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” (NRS 240.198.1). “Registration 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” (NRS 240.198.3). Notary Statutes Apply : An Electronic Notary must comply with all provisions in NRS Chapter 240 that pertain to Notaries Public (NRS 240.189). “The penalties, prohibitions, liabilities, sanctions and remedies for the improper performance of an electronic notarial act are the same as provided by law for the improper performance of a notarial act that is not an electronic notarial act” (NAC 240.735). Security and Authenticity of Electronic Notarial Acts : “An electronic notary public shall take reasonable steps to … Ensure the integrity, security and authenticity of each electronic notarial act performed by the electronic notary public” (NAC 240.665.1). Approval of Technology of Device : The Electronic Notary Public Enabling Act requires the Nevada Secretary of State to approve the technology or device used by an Electronic Notary to create his or her electronic signature and Sections 21-24 of the temporary electronic notarization rules prescribe the requirements for technology providers. Remote Notarial Acts Applicable Law Electronic Notarization Enabling Act: The Electronic Notarization Enabling Act regulates Online Notaries in Nevada. These provisions are summarized below. Nevada Administrative Code, Chapter 240: Effective December 14, 2018, the Secretary of State promulgated temporary regulations to implement the Electronic Notarization Enabling Act. These regulations are summarized below. Technology Systems : For the rules related to approved solution providers, see “Technology Systems” under “In-Person Electronic Notarial Acts,” above. Agreement to Remote Notarial Act : “An electronic notary public may perform an electronic notarial act using audio-video communication only if the electronic notary public and the principal agree to the performance of the electronic notarial act using audio-video communication” (NAC 240.676). Audio-Video Communication Definitions “‘Audio-video communication’ means communication by which a person is able to see, hear and communicate with another person in real time using electronic means” (NRS 240.1821). “‘[R]eal time’ means the actual span of uninterrupted, simultaneous communication during which all parts of an electronic notarial act using audio-video communication occur” (NAC 240.722.3). Requirements: “If an electronic notarial act is performed using audio-video communication: “(a) The technology used must allow the persons communicating to see and speak to each other simultaneously; “(b) The signal transmission must be in real time; and “(c) The electronic notarial act must be recorded in accordance with NRS 240.1995” (NRS 240.1991[3]). Location of Signer : “An electronic notary public may perform an electronic notarial act using audio-video communication in accordance with NRS 240.181 to 240.206, inclusive, and any rules or regulations adopted by the Secretary of State for a person who is physically located: “(a) In this State; “(b) Outside this State but within the United States; or “(c) Outside the United States if: “(1) The electronic notary public has no actual knowledge of the electronic notarial act being prohibited in the jurisdiction in which the person is physically located; and “(2) The person placing his or her electronic signature on the electronic document confirms to the electronic notary public that the requested electronic notarial act and the electronic document: “(I) Are part of or pertain to a matter that is to be filed with or is currently before a court, governmental entity or other entity in the United States; “(II) Relate to property located in the United States; or “(III) Relate to a transaction substantially connected to the United States” (NRS 240.1993.1). “For the purposes of NRS 240.1993, an electronic notarial act using audio-video communication is performed for a person who is physically located outside the United States if the person is physically located outside the geographic boundaries of a state or commonwealth 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” (NAC 240.674). Location of Notary : “An electronic notary public who is registered with the Secretary of State pursuant to NRS 240.192 may perform an electronic notarial act using audio-video communication in accordance with NRS 240.181 to 240.206, inclusive, and any rules or regulations adopted by the Secretary of State if the electronic notary public is physically present in this State at the time of performing the electronic notarial act, regardless of whether the person who placed the electronic signature on the electronic document is physically located in another jurisdiction at the time of the electronic notarial act. The validity of the notarial act will be determined by applying the laws of this State” (NRS 240.1993.2). Restarting Remote Notarial Act : “1. An electronic notary public who is performing an electronic notarial act using audio-video communication must start the performance of the electronic notarial act from the beginning, including, without limitation, confirming the identity of the principal in accordance with NRS 240.1997 and NAC 240.670, if, at any time during the performance of the electronic notarial act: “(a) The principal or the electronic notary public exits the session; “(b) The audio-video communication link is broken; or “(c) The electronic notary public believes that the process of completing the electronic notarial act has been compromised and cannot be completed because of the resolution or quality of the audio or video transmission, or both. “2. As used in this section, “session” means the performance of one or more electronic notarial acts using audio-video communication on a single set of electronic documents as a single event by a single electronic notary public with one or more principals and any applicable witness” (NAC 240.680). Identification of Record : An electronic notary public who is performing an electronic notarial act using audio-video communication shall … Identify the electronic document that is the subject of the electronic notarial act as the document on which the principal executed his or her signature” (NAC 240.678.2). A Nevada Electronic Notary must use a solution provider whose system is ”capable of confirming that an electronic document presented for the performance of an electronic notarial act is the same electronic document on which the electronic notarial act was performed” (NAC 240.722.1[h]). Journal and Recording : For the requirements of keeping a journal and a recording of a remote online notarial act, see “Records of Notarial Acts,” below. Fees : For the maximum fees and ancillary fees that an electronic Notary may charge, see “Fees For Notarial Acts,” below. Employer, Solution Provider Access Authorized : For any authorized purpose and to ensure compliance with the provisions of this chapter and chapter 240 of NRS governing electronic notarial acts, the employer of an electronic notary public who performs an electronic notarial act using audio-video communication or the solution provider whose electronic notarization solution was used to perform such an electronic notarial act, or both the employer of the electronic notary public and the solution provider, may access: “1. The electronic seal of the electronic notary public; “2. The electronic signature of the electronic notary public; “3. If the electronic notary used an electronic notarization solution to perform the electronic notarial act, the electronic notarization solution; or “4. The recording made pursuant to NRS 240.1995 of the electronic notarial act” (NAC 240.689). Prohibited Acts : “An electronic notary public shall not: “1. Engage in any act prohibited by NRS 240.075. “2. Perform an electronic notarial act using audio-video communication while the electronic notary public is at a location outside this State. “3. Fail to record an electronic notarial act performed using audio-video communication as required by NRS 240.1995 or fail to keep such a recording in accordance with the requirements of NRS 240.1995. “4. Use an electronic seal or digital certificate that is invalid or fails to meet the requirements of this chapter or chapter 240 of NRS during the performance of an electronic notarial act. “5. Fail to notify the Secretary of State of a change in his or her electronic seal or digital certificate. “6. Use his or her electronic seal, alone or together with his or her electronic signature, except in the performance of an electronic notarial act. “7. Allow unauthorized access to the electronic journal kept by the electronic notary public pursuant to NRS 240.201, his or her electronic signature or his or her digital certificate, or to the electronic notarization solution used by the electronic notary public to perform an electronic notarial act. “8. Violate any other provision of this chapter or chapter 240 of NRS relating to the performance of an electronic notarial act” (NAC 240.730). Fraudulent Documents “What should I do if I determine a document is forged or fraudulent? — Don’t notarize it. As a responsible citizen, you should also report the crime to law enforcement although nothing in the notarial law requires this” (website, “FAQs”). False Titles : A law that took effect July 1, 2011, defines the crime of “making a false representation concerning title” and makes it a category C felony. This crime applies when any person “executes or notarizes a document purporting to create an interest in, or a lien or encumbrance against, real property, that is recorded in the office of the county recorder in which the real property is located and who knows or has reason to know that the document is forged or groundless, contains a material misstatement or false claim or is otherwise invalid …” (NRS 205.395). Document Correctness “It’s not the notary’s responsibility to check that the form is properly filled out, but it is the notary’s responsibility to make sure the notarial wording is correct and complete” (website, “FAQs”). Go to top. CERTIFICATE OF NOTARIAL ACT Certificate Requirements General Requirement : “A notarial act must be evidenced by a certificate….” (NRS 240.1655.1). Specific Requirements : “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. If the notarial officer is a notary public, 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” (NRS 240.1655.1). “Stamp and Sign” : “A notarial officer shall not … affix his or her stamp to any document which does not contain a notarial certificate” (NRS 240.075.11). “Your signature and stamp by themselves do not constitute a complete notarization. You also need to complete the notarial wording” (website, “FAQs”). Certificate Forms Nevada has adopted the Uniform Law on Notarial Act’s short-form certificates. These certificates appear below. Nevada also has adopted certificates for an acknowledgment by a signer who is identified by a credible witness, for an acknowledgment by an attorney in fact, for the jurat of a subscribing witness, and for an oath or affirmation of office (NRS 240.169, 240.1667, 240.1685 and 240.1663, respectively). The text of these certificates appears below. Specifically, for the acknowledgment of a durable power of attorney for either finances or health care, effective October 1, 2009, Nevada has adopted the Uniform Power of Attorney Act (NRS Chapter 162A). This act stipulates specific wording for the Notary certificate on such documents (NRS 162A.620). Effective June 4, 2015, Nevada has added to this chapter laws governing the acknowledgment of a durable power of attorney for health care by a person with an intellectual disability; the same Notary certificate wording applies.These certificates appear below. Acknowledgment by Individual (NRS 240.166) State of NevadaCounty of _________ This instrument was acknowledged before me on _________ (date) by _________ (name of person). (Stamp) _________________________ (Signature of notarial officer)_________________________ (Title and rank [optional]) Acknowledgment by Representative (NRS 240.1665) State of NevadaCounty of _________ This instrument was acknowledged before me on _________ (date) by _________ (name of person) as __________ (type of authority, e.g., officer, trustee, etc.) of __________ (name of party on behalf of whom instrument was executed). (Stamp) _________________________ (Signature of notarial officer)_________________________ (Title and rank [optional]) Acknowledgment by Attorney in Fact (NRS 240.1667) State of NevadaCounty 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 named in the document). (Stamp) _________________________ (Signature of notarial officer)_________________________ (Title and rank [optional]) Acknowledgment by Signer Identified by Credible Witness (NRS 240.169) State of NevadaCounty 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. (Stamp) _________________________ (Signature of notarial officer)_________________________ (Title and rank [optional]) Acknowledgment by Person Physically Unable to Sign Directing Another to Sign on His/Her Behalf (NAC 240.340[2]) State of NevadaCounty of _________ This instrument was acknowledged before me on _________ (date) by _________ (name of person physically unable to sign document), who directed that his or her signature be affixed to the above instrument by _________ (name of person directed to sign document). (Stamp) _________________________ (Signature of notarial officer)_________________________ (Title and rank [optional]) Jurat (NRS 240.167) State of NevadaCounty of _________ Signed and sworn to (or affirmed) before me on _________ (date) by __________ (name of person making statement). (Stamp) _________________________ (Signature of notarial officer)_________________________ (Title and rank [optional]) Copy Certification (NRS 240.168) State of NevadaCounty 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 __________ (Stamp) _________________________ (Signature of notarial officer)_________________________ (Title and rank [optional]) Jurat of Subscribing Witness (NRS 240.1685) State of NevadaCounty of _________ On _________ (date), _________ (name of 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/she was present and witnessed _________ (name of principal signer) sign his/her name to the above document. _________________________ (Signature of subscribing witness) Signed and sworn before me on _________ (date) by __________ (name of subscribing witness). (Stamp) _________________________ (Signature of notarial officer)_________________________ (Title and rank [optional]) Jurat of Person Taking Oath or Affirmation of Office (NRS 240.1663) State of NevadaCounty 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). (Stamp) _________________________ (Signature of notarial officer)_________________________ (Title and rank [optional]) Copy Certification of a Paper Copy of an Electronic Record (NRS 240.19902) State of NevadaCounty of _________ I certify that this is a true and correct copy of an electronic document printed by me or under my supervision. I further certify that, at the time of printing, no security features present on the electronic document indicated any changes or errors in an electronic signature or other information in the electronic document since its creation or execution. Dated _________________ (Stamp) _________________________ (Signature of notarial officer)_________________________ (Title and rank [optional]) Electronic Notarial Certificate Definitions Electronic Notarial Certificate: “‘Electronic notarial certificate’ means the portion of an electronic document that: “1. Is completed by an electronic notary public; and “2. Bears the electronic signature and electronic seal of the electronic notary public and the wording of the applicable notarial certificate as required by NRS 240.1655, 240.166 to 240.167, inclusive, 240.1685 or 240.169” (NAC 240.615). Electronic Seal: “‘Electronic seal’ means information within a notarized electronic document that includes the name, jurisdiction and expiration date of the registration of an electronic notary public and generally includes the information required to be set forth in a mechanical stamp pursuant to NRS 240.040 (NRS 240.187). Required Elements : “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: “(a) The electronic signature of the electronic notary public; “(b) The electronic seal of the electronic notary public; and “(c) The wording of a notarial certificate pursuant to NRS 240.1655, 240.166 to 240.167, inclusive, 240.1685 or 240.169, including, without limitation, language explicitly stating that the notarial act was performed using audio-video communication, if applicable” (NRS 240.199.1). Tamper-Evident : “Upon the completion of an electronic notarial act in accordance with subsection 1, an electronic notary public shall use technology to render the electronic document tamper-evident” (NRS 240.199.2). Sufficiency of Certificate “A certificate of a notarial act is sufficient if it meets the requirements of of [NRS 240.1655] 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 …” (NRS 240.1655.3). Providing a Certificate “When there is no room for the notarial certificate (such as on many DMV documents), may I attach one on another piece of paper? How should I indicate that this is what I have done? — The notary stamp must be readable, and the 1997 law prohibits placing your notary stamp or your signature over printed material. Note on the document that a notarial certificate is attached and note on the notarial certificate the kind of document to which it is attached. This will also apply if you notarized the back of the document. Keep in mind, the best place for the notary wording and your notary stamp is on the face of the document where the signature of the document signer appears” (website, “FAQs”). “A notary is not allowed to decide which notary wording will be added. It is up to the document signer to select the type of notary wording to be added” (website, “Notarial Wording”). Correcting a Certificate “May I change the venue if it is printed with the wrong state or county? – The Notary Public shall authenticate all acts with a Nevada compliant certificate. It is best practice to complete a new certificate rather than editing or correcting prepopulated wording” (NPH). Use of Certificate for Endorsements “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” (NRS 240.145.1). False Certificate “A notary public shall not … Certify an instrument containing a statement known by the notary public to be false” (NRS 240.075.2). Go to top. SEAL AND SIGNATURE .Stamp Requirement Notarial Acts Notaries Public: Required. “A notarial act must be evidenced by a certificate that … [i]f 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” (NRS 240.1655.1[d]). Other Notarial Officers: Permitted. “A notarial act must be evidenced by a certificate that … [i]f 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” (NRS 240.1655.1[e]). In-Person Electronic Notarial Acts Notaries Public: Required. “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 … [t]he electronic seal of the electronic notary public” (NRS 240.199.1[b]). Other Notarial Officers: Required (NRS 240.199.1[b]). According to NRS 240.192.1[a], a person registering as an Electronic Notary Public must be a notarial officer of Nevada. According to NRS 240.005, a notarial officer means a Notary Public or an officer authorized to perform notarial acts. Thus, notarial officers other than Notaries Public may register to become an Electronic Notary and the requirement for an electronic seal applies to these notarial officers just as it does to a Notary Public who registers to become an Electronic Notary. Remote Notarial Acts Notaries Public: Required (NRS 240.199.1[b]). Other Notarial Officers: Required (NRS 240.199.1[b]). Electronic Real Property Records : Not required. “A physical or electronic image of a stamp impression or seal need not accompany an electronic signature” (NRS 111.3685.3). Stamp Format Notarial Acts Rubber or Other Mechanical Stamp: The seal must be “imprinted in indelible, photographically reproducible ink with a rubber or other mechanical stamp” (NRS 240.040.1[a]). “As used in this section, ‘mechanical stamp’ includes an imprint made by a computer or other similar technology” (NRS 240.040.6). In all cases, the stamp must produce a legible imprint (NRS 240.040.3[b]). In Nevada, the Notary’s official imprinting device is generally referred to as the “Notary stamp,” which typically is a rubber inking stamp. The term “Notary seal” is reserved for embossers, which Notaries in the state were required to use prior to July 1, 1965 (NRS 240.040.2). Shape and Size: Rectangular, not larger than 1 inch by 2½ inches. A border design for the stamp is optional (NRS 240.040.3[a]). Components: “1. The statement [imprinted with the stamp of the notary public] must … “(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’” (NRS 240.040.1[b]). The use of the Great Seal of the State of Nevada is optional. In-Person Electronic Notarial Acts : “Except as otherwise provided in this section, the electronic seal of an electronic notary public must include the information required to be set forth in a mechanical stamp pursuant to NRS 240.040 and must generally conform to the size and other requirements set forth in NRS 240.040 for a mechanical stamp” (NAC 240.705.1). Notarial officers other than Notaries Public are not authorized under Nevada’s Notary statutes and rules to perform in-person electronic notarial acts. Remote Notarial Acts : The format requirements of an electronic seal for an in-person electronic notarial act apply to Electronic Notaries who perform remote notarial acts. Notarial officers other than Notaries Public are not authorized under Nevada’s Notary statutes and rules to perform remote notarial acts. Example The below typical, actual-size examples of rubber stamp, embossing, and electronic Notary seals are allowed by Nevada law. Other formats may also be permitted. The Great Seal and border are optional. Traditional Notary Seal Electronic Notary Seal Ink Color “How important is it that I use black ink for my stamp as opposed to some other color? — The notary law states that you may use any color ink as long as it is indelible and photographically reproducible” (website, “FAQs”; see also NRS 240.040.1[a]). Seal Embosser “After July 1, 1965, an embossed notarial seal is not required on notarized documents” (NRS 240.040.2). Placement of Stamp “A notary public shall not affix his or her stamp over printed material” (NRS 240.040.4). “When there is no room for the notarial certificate, may I use my stamp on the back or attach one on another piece of paper? How should I indicate that this is what I have done? – The notary stamp must be readable, and Statute prohibits placing a Notary Public’s stamp or signature over printed material. You may use the back of the document or an attached sheet. When a notarial certificate is attached, please note on the notarial certificate the document to which it is attached” (NPH). Obtaining a Stamp Commission Certificate Required : “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” (NRS 240.045.3). Multiple Stamps Allowed : A Notary may obtain and use more than one stamp (website, “FAQs”). Lost or Damaged 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…. 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” (NRS 240.045). Security of Stamp “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” (NRS 240.040.5). “As used in NRS 240.040 and 240.120, the Secretary of State will interpret the term ‘secure location’ to include, without limitation: “1. In the sole possession of the notary public to whom a stamp or journal belongs; or “2. A locked location over which the notary public to whom a stamp or journal belongs has sole control” (NAC 240.300). Unauthorized Use of Stamp “A notary public shall not … Allow any other person to use his or her notary’s stamp” (NRS 240.075.6). New Stamp Required for Amended Certificate “When the notary public receives the amended certificate of appointment, the notary public shall … Destroy his or her notary’s stamp and obtain a new notary’s stamp which includes the information on the amended certificate” (NRS 240.036.5[a]). Withholding Notary’s Stamp “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” (NRS 240.143.2). Destruction of Stamp Upon the resignation or death of a current Notary, the Notary — or the executor of the Notary’s estate — must notify the Secretary of State and destroy the official stamp (NRS 240.051[1]). “The stamp must be destroyed immediately” (website, “FAQs”). Notary’s Signature Conformity to Signature on File : On every notarial certificate, an official signature must “be signed and dated in ink by the notarial officer performing the notarial act. If the notarial officer is a notary public, 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” (NRS 240.1655.1[c]). Overlapping Text : “A notarial officer shall not affix his or her signature over printed material” (NRS 240.1655.6). Evidentiary Value : “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” (NRS 240.063.1). Unauthorized Use of Signature : “A notary public shall not … Allow any other person to sign the notary’s name in a notarial capacity” (NRS 240.075.7). Electronic Signature and Seal Tamper-Evident : “After the electronic seal, electronic signature and electronic notarial certificate are affixed or attached to or logically associated with an electronic document and the electronic notarial act is complete, the electronic document must be rendered tamper-evident” (NAC 240.705.2). “‘[T]amper-evident’ means that an electronic document on which an electronic notarial act is performed will display evidence of any change made to the electronic document after the performance of the electronic notarial act” (NAC 240.705.4). Indication of Remote Notarial Act : “If an electronic notary public performs an electronic notarial act using audio-video communication, the electronic notary public must include adjacent to the electronic seal or in the electronic notarial certificate a notation indicating that the electronic notarial act was performed using audio-video communication. The notation required by this subsection must be the following statement or a substantially similar statement: 'Notarial act performed by audio-video communication'” (NAC 240.705.3). Exclusive Use of Electronic Signature, Seal : “The electronic signature and electronic seal of an electronic notary public must be used only for the purposes of performing electronic notarial acts” (NRS 240.202[1]). Compromise of Electronic Signature : “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 the electronic signature of the electronic notary public required pursuant to paragraph (e) of subsection 2 of NRS 240.192” (NRS 240.202.3). Safeguarding Electronic Signature, Seal, and Records : “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” (NRS 240.202.2[a]-[c]). Lost, Stolen Electronic Signature and Seal : “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 and the entity from which the electronic notary public obtained the electronic signature or electronic seal in writing, including, without limitation, a signature using the name on the certificate of appointment issued pursuant to subsection 5 of NRS 240.192” (NRS 240.202.2[d]). Go to top. RECORDS OF NOTARIAL ACTS Records Requirement Journal Notarial Acts: Required. “[E]ach notary public shall keep a journal in his or her office….” (NRS 240.120.1). In-Person Electronic Notarial Acts: Required. “An electronic notary public shall keep an electronic journal of each electronic notarial act….” (NRS 240.201.1). Remote Notarial Acts: Required (NRS 240.201.1) Recording of Remote Notarial Acts : “An electronic notary public shall arrange for a recording to be made of each electronic notarial act performed using audio-video communication” (NRS 240.1995.1). Journal Format Notarial Acts : “The journal must … Be in a bound volume with preprinted page numbers” (NRS 240.120.6[b]). In-Person Electronic and Remote Notarial Acts : “An electronic journal must: “(a) Enable access by a password or other secure means of authentication; and “(b) Be capable of providing tangible or electronic copies of any entry made therein” (NRS 240.201.5). Journal Entries Required Entries : “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” (NRS 240.120.1). Personal Information : “An electronic notary public shall not include in the electronic journal kept by the electronic notary public pursuant to NRS 240.201: “1. The personally identifying information of any person unless such information is required to be included in the electronic journal pursuant to this chapter or chapter 240 of NRS” (NAC 240.710.1). “An electronic journal kept by an electronic notary public pursuant to NRS 240.201 … Must not allow the electronic notary public or any other person to delete a record included in the electronic journal or alter the content or sequence of such a record after the record is entered into the electronic journal” (NAC 240.708.1). Refusal for Failure to Sign : “May I refuse to complete a notarization for someone who refuses to sign my journal? – You must. Chapter 240 of Nevada Revised Statute requires the journal be signed. It is a good practice to complete the journal entry before you complete the notarial certificate” (NPH). Delegating Journal Duties : “To save time, can I have another employee enter the information required in the journal, then have the document signer sign the journal in my presence? – No, you may not have any other person than yourself enter information into your journal” (NPH). One Entry, Multiple Acts : “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” (NRS 240.120.2). Signature Exception : “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” (NRS 240.120.3). “If, pursuant to [NRS 240.120] 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” (NRS 240.120.4). “Personally Known” : “A notary public may enter in his or her journal ‘known personally’ as the description of the evidence used by the notary public to verify the identification of a person whose signature is being notarized pursuant to NRS 240.120 if the notary public has personal knowledge of the identity of the person” (NAC 240.330). Credible Witness : “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” (NRS 240.120.5). Travel Fees : Any travel fee charged must be noted in the journal, along with the “date and time that the notary public began and ended such travel” (NRS 240.100.5[b]). In-Person Electronic and Remote Notarial Acts : For each electronic notarial act performed, an Electronic Notary must create a journal entry that conforms to the requirements of NRS 240.120 (NRS 240.201). Secure Backup of Electronic Journal “An electronic notary public shall take reasonable steps to … Maintain a secure backup of each recording of an electronic notarial act performed by the electronic notary public which is made pursuant to NRS 240.1995” (NAC 240.665.3). “An electronic journal kept by an electronic notary public pursuant to NRS 240.201 … Must be securely backed-up by the electronic notary public and the solution provider whose electronic notarization solution was used by the electronic notary public” (NAC 240.708.2). Inspection and Copying of Journal Paper Journal : “The journal must … [b]e open to public inspection” (NRS 240.120.6[a]). “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” (NRS 240.120.7). Any person may inspect the Notary’s journal during the time that the Notary “would normally be at work” (website, “FAQs”). Electronic Journal : “An electronic notary public shall allow for the inspection of the electronic journal of the electronic notary public, as required by NRS 240.201” (NAC 240.712). Lost or Stolen Journal “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” (NRS 240.120.10). Retention of Journal Notary Public : “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” (NRS 240.120.9). “If I stop being a notary or if I die, what happens to my journal? — Notify the Secretary of State writing as to the location of the journal if it is within [7 years]. After this time frame, your estate may dispose of the journal(s) (website, “FAQs”). Electronic Notary Public : “Upon surrender, revocation or expiration of a registration as an electronic notary public, all notarial records required pursuant to NRS 240.001 to 240.206, inclusive, and sections 30 to 38.7, inclusive, of this act must, except as otherwise provided by law, be kept by the electronic notary public for a period of 7 years after the termination of the registration of the electronic notary public” (NRS 240.201.7). Security of Journal Requirement : “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” (NRS 240.120.1.8). Secretary of State Interpretation : “As used in NRS 240.040 and 240.120, the Secretary of State will interpret the term ‘secure location’ to include, without limitation: “1. In the sole possession of the notary public to whom a stamp or journal belongs; or “2. A locked location over which the notary public to whom a … journal belongs has sole control” (NAC 240.300). Willful Alteration of Journal “A notary public shall not … 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” (NRS 240.075.3). Withholding Notary’s Journal “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.” (NRS 240.143.2). Destruction and Concealment of Journal “It is unlawful for a person to knowingly destroy, deface or conceal a notarial record” (NRS 240.147). Other Notarial Officers None of the journal requirements and provisions of NRS 240.120 that apply to Notaries Public apply to the following “notarial officers”: a judge, clerk or deputy clerk of any court in Nevada; a justice of the peace; any other person authorized to perform notarial acts by Nevada law; and any person authorized to notarize by the law of a federally recognized Indian tribe (NRS 240.120.11 and 240.1635.1). Recording of Remote Notarizations Notice of Recording : “Before performing any electronic notarial act using audio-video communication, the electronic notary public must inform all participating persons that the electronic notarization will be electronically recorded” (NRS 240.1995.1). Contents of Recording Identified by Personal Knowledge: “If the person for whom the electronic notarial act is being performed is identified by personal knowledge, the recording of the electronic notarial act must include an explanation bythe electronic notary public as to how he or she knows the person and how long he or she hasknown the person” (NRS 240.1995.2). Identified by Credible Witness: “If the person for whom the electronic notarial act is being performed is identified by a credible witness: ”(a) The credible witness must appear before the electronic notary public; and “(b) The recording of the electronic notarial act must include: “(1) A statement by the electronic notary public as to whether he or she identified the crediblewitness by personal knowledge or satisfactory evidence; and “(2) An explanation by the credible witness as to how he or she knows the person for whomthe electronic notarial act is being performed and how long he or she has known the person” (NRS 240.1995.3). Personal Information Protected : “An electronic notary public shall not include in the electronic journal kept by the electronic notary public pursuant to NRS 240.201 … The recording required by NRS 240.1995 for an electronic notarial act performed using audio-video communication” (NAC 240.710.2). Security of Recording : “An electronic notary public shall take reasonable steps to … Ensure that any audio-video communication for the purpose of performing an electronic notarial act is secure from unauthorized access or interception” (NAC 240.665.4). Backup of Recording : “An electronic notary public shall take reasonable steps to … Maintain a secure backup of each recording of an electronic notarial act performed by the electronic notary public which is made pursuant to NRS 240.1995….” (NAC 240.665.3). Availability of Recording : “The recording made pursuant to NRS 240.1995 of an electronic notarial act performed using audio-video communication may be made available: “1. To the principal for whom the electronic notarial act was performed; “2. To the Secretary of State; “3. To a law enforcement or federal, state or local governmental agency in the course of an enforcement action or the performance of any lawful duty; “4. Pursuant to a court order or subpoena; “5. To the electronic notary public who performed the electronic notarial act for any purpose set forth in subsections 1 to 4, inclusive; or “6. To any other person who is authorized by the parties to the electronic notarial act to obtain the recording” (NAC 240.686). Repository of Journals, Recordings : “1. An electronic notary public may use a solution provider to store the electronic journal of the electronic notary public and the recording made pursuant to NRS 240.1995 of an electronic notarial act performed using audio-video communication if the solution provider has registered with the Secretary of State pursuant to NAC 240.722 and the registration is in active status. “2. Except as otherwise provided in this subsection, a solution provider that stores the electronic journal of an electronic notary public and the recording made pursuant to NRS 240.1995 of an electronic notarial act performed using audio-video communication must allow the electronic notary public sole control of his or her electronic journal and the recording made pursuant to NRS 240.1995. The solution provider may allow access to the electronic journal of an electronic notary public or a recording made pursuant to NRS 240.1995 if the electronic notary public has authorized such access or the access to the electronic journal or recording is authorized pursuant to this chapter or chapter 240 of NRS. 3. As used in this section, ‘sole control’ has the meaning ascribed to it in NRS 240.201” (NAC 240.684). Go to top. FEES FOR NOTARIAL ACTS Maximum Fees Notarial Acts : A notary public may charge the following fees and no more (NRS 240.100.1): For taking an acknowledgment, for the first signature of each signer $15.00 For each additional signature of each signer $7.50 For administering an oath or affirmation $7.50 For a certified copy $7.50 For a jurat, for each signature on the affidavit $15.00 For performing a marriage ceremony $75.00 In-Person Electronic and Remote Notarial Acts : An electronic notary public may charge the following fees (NRS 240.197.1[a]): For taking an acknowledgment, for each signature $25 For executing a jurat, for each signature $25 For administering an oath or affirmation $25 Travel Fees Authorized Fees : Notaries and electronic Notaries may charge an additional fee for traveling to perform a notarial act if (NRS 240.100[3]; see also NRS 240.197.1[d]): (a) They are asked to travel by the person requesting the notarial act; (b) They explain to the person requesting the act that the fee is in addition to the statutory fee and not required by law; (c) There is an agreement in advance upon the hourly rate to be charged for the travel; and (d) The fee does not exceed $15 per hour for travel between 6 a.m. and 7 p.m. ($10 per hour for an electronic notarization) or $30 per hour for travel between 7 p.m. and 6 a.m. ($25 per hour for an electronic notarization). (e) The Notary may charge a minimum of two hours for such travel and must charge on a pro-rata basis after the first two hours (NRS 240.100.3[d]). Advance Payment : “A Notary is entitled to the travel fee agreed upon in advance 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” (NRS 240.100.4; see also NRS 240.197.1[e]). “If a travel fee is going to be assessed, pursuant to NRS 240.100(3)(d)(1)(2), full disclosure of the travel fee must be made in advance of the travel and be agreed upon by the person requesting the service” (website, “FAQs”). Journal Entry : The travel fee must be noted in the Notary’s official journal, along with the “date and time that the notary public began and ended such travel” (NRS 240.100.5). Advance Payment of Fee All fees are payable in advance, if demanded (NRS 240.100.2). Unauthorized Fees Notaries Public : “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” (NRS 240.130). Electronic Notaries Public : “An electronic notary public shall not charge a fee to perform an electronic notarial act unless he or she is authorized to charge a fee for such an electronic notarial act pursuant to this section” (NRS 240.197.1[b]). Discriminatory Fees “The statute doesn’t require that you charge a fee. But if you charge one person and not another, other laws such as those prohibiting discrimination may be applicable. Check with an attorney” (website, “FAQs”). Employers and Fees '“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” (NRS 240.100.6). “The statutes state that the notary can charge a fee. The issue of who keeps the fee [notary or employer] can be negotiated between you and your employer” (website, “FAQs”). Posting 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” (NRS 240.110). “If you don’t charge fees, you don’t have to post the fees” (website, “FAQs”). Wedding Fees “A notary public may only charge the fee set forth in NRS 240.100 for performing a marriage ceremony if the notary public possesses a valid certificate to perform marriages that has been issued to the notary public pursuant to NRS 122.064” (NAC 240.320.1). Go to top. REAL ESTATE PRACTICES Notary Signing Agents Nevada does not have statutes, rules, or guidelines regulating Notary Signing Agents within the state. Recording Requirements Acknowledgment : Every conveyance in writing whereby any real property is conveyed or may be affected must be acknowledged or proved and certified in the manner provided in this chapter and in NRS 240.161 to 240.169, inclusive” (NRS 111.240). Certificate, Signature, and Seal : “[A] certificate of the acknowledgment of any conveyance or other instrument in any way affecting the title to real or personal property, or the proof of the execution thereof,… signed by the person taking the same, and under the seal or stamp of that person, if the person is required by law to have a seal or stamp, entitles the conveyance or instrument, with the certificate or certificates, to be recorded in the office of the recorder of any county in this state” (NRS 111.310.1) Document Formatting : “Except as otherwise provided in this section, … a document, except a map, certificate or affidavit of death, military discharge or document regarding taxes that is issued by the Internal Revenue Service of the United States Department of the Treasury, that is submitted for recording must be on a form authorized by NRS 104.9521 for the type of filing or must: “(a) Be on white, 20-pound paper that is 8 1/2 inches by 11 inches in size. “(b) Have a margin of 1 inch on the left and right sides and at the bottom of each page. “(c) Have a space of 3 inches by 3 inches at the upper right corner of the first page and have a margin of 1 inch at the top of each succeeding page. “(d) Not be on sheets of paper that are bound together at the side, top or bottom. “(e) Not contain printed material on more than one side of each page. “(f) Not have any documents or other materials physically attached to the paper. “(g) Not contain: “(1) Colored markings to highlight text or any other part of the document; “(2) A stamp or seal that overlaps with text or a signature on the document, except in the case of a validated stamp or seal of a professional engineer or land surveyor who is licensed pursuant to chapter 625 of NRS; “(3) Text that is smaller than a 10-point Times New Roman font and is printed in any ink other than black; or “(4) More than nine lines of text per vertical inch” (NRS 247.110.3) Legibility : “Except as otherwise provided in NRS 247.145, each county recorder shall, upon the payment of the prescribed statutory fees, record separately, in a manner which will allow a legible copy to be made…” (NRS 247.120.1). Go to top. RECOGNITION OF NOTARIAL ACTS Notarial Acts in Nevada “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” (NRS 240.1635). Court Reporters : A law that took effect July 1, 2007, gives Nevada court reporters automatic power to administer oaths and affirmations in the course of taking depositions without the need to apply for an appointment as a limited-power Notary, as was the case prior to that date (NRS 656.315). All such limited-power Notary appointments became null and void on the law’s effective date. The powers of these former Notaries had been limited solely to administering oaths and affirmations; they did not have to post a bond or keep a journal. Notarial Acts in U.S. State or Jurisdiction “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” (NRS 240.164). Notarial Acts Under Federal Law “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” (NRS 240.1645). Notarial Acts in Foreign State “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” (NRS 240.165). Go to top. AUTHENTICATION OF NOTARIAL ACTS Secretary of State Authenticating certificates for Notaries, including apostilles, are issued only by the Nevada Secretary of State’s office (NRS 240.1657[1]). Address :Office of Secretary of State202 N. Carson St.Carson City, NV 89701 Phone : 775-684-5708 Las Vegas Address :Office of Secretary of State2250 Las Vegas Blvd. North, Suite 400North Las Vegas, NV 89030 Phone : 1-702-486-2880 Procedure Order Form: Persons requiring authenticating certificates must complete and print out an “Apostille/Certification Order Form,” downloadable from the website. The form contains a statement that must be signed under penalty of perjury by the individual submitting the request, stating that the document for which authentication or certification is requested will not be used to harass a person or accomplish any fraudulent, criminal or other unlawful purpose. Mailed and In-Person Requests: Requests may be mailed or presented in person with the original notarized document and fee. Fees Standard Fee: There is a fee of $20 per certification or apostille (NRS 240.1657[1]). Expedited Fee: In addition to the standard fee, fees for expedited service per Notary name are as follows: $75 for 24-hour expedite (1-100 documents); $125 for 4-hour expedite (1-100 documents); $500 for 2-hour expedite; and $1,000 for 1-hour expedite. Payment by credit card requires completion of a “Credit Card Checklist,” also downloadable from the website. Return Delivery: “It is necessary to provide an email address, a return address or self-addressed, stamped envelope AND the name of the country in which the Apostille/Certification will be used... All documents are returned by First Class Mail, regardless if the document is expedited. If you would like your documents returned using a special handling company please include a pre-paid self-addressed mailing envelope …” (website, “Apostille”). Processing Time: Standard requests may take 10-14 days to process. See “Fees,” above for expedited service options. Improper Acts: “The Secretary of State shall not issue an authentication … if: “(a) The document has not been notarized in accordance with the provisions of [Chapter 240]; “(b) The Secretary of State has reasonable cause to believe that the document may be used to accomplish any fraudulent, criminal or other unlawful purpose; or “(c) The request to issue an authentication does not include a statement, in the form prescribed by the Secretary of State and signed under penalty of perjury, that the document for which the authentication is requested will not be used to: “(1) Harass a person; or “(2) Accomplish any fraudulent, criminal or other unlawful purpose” (NRS 240.1657.2). Electronic Authentications The Nevada Secretary of State must issue a certificate of authentication or apostille, as appropriate, certifying that an Electronic Notary’s signature is genuine and that the Electronic Notary holds an appointment to perform electronic notarial acts (NRS 240.205). 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- NV Assembly Bill 482
Legislation State: Nevada Signed: May 16, 2019 Effective: July 01, 2019 Chapter: 84 Summary AB 482 revises certain requirements for Notaries wanting to perform marriages or a single marriage ceremony. Affects Amends Sections 19.016, 122.060, and 122.064 of the Nevada Revised Statutes. Changes Authorizes a county clerk to charge a $5 fee for the filing of a certificate of permission to perform marriages or a specific marriage. Requires a Notary who applies with the county clerk to perform marriages or a single marriage to take a course offered by the county clerk and to pay the fee required for the course, if the county clerk has a course. Analysis In recent years Nevada enacted a law permitting Notaries to perform marriage ceremonies. The qualification of such Notaries to perform marriages is done by the county clerks throughout Nevada. Assembly Bill 482 requires a Notary wanting to apply to perform marriage ceremonies to take a course and pay the fee for the course, if the county clerk offers one. In addition, the bill also authorizes the county clerk to charge the Notary $5 for issuing a certificate of permission to perform marriages or a specific marriage. Read Assembly Bill 482.
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- H2H NOTARY LLC | Notarial Officer
Virtual Remote Online Notary Public Loan Signing Agent H2H NOTARY LLC Welcome to H2H NOTARY LLC SAFE, SECURE, SATISIFED, SERVICE Established in 2019, H2H NOTARY LLC is a prestigious, dynamic Notary Office, specializing Remote Online Notarization. By working with our exceptionally talented team of notarial officers, our clients achieve remarkable results. H2H NOTARY LLC SHOP All Products Quick View IN PERSON NOTARIAL SERVICE Price $20.00 Excluding Sales Tax | Credit Card Charge Fee Quick View MOBILE NOTARIAL OFFICER Price $20.00 Excluding Sales Tax | Credit Card Charge Fee Quick View REMOTE ONLINE NOTARIZATION (1-10 STAMPS) Price $30.00 Excluding Sales Tax | Credit Card Charge Fee Quick View REMOTE ONLINE NOTARIZATION Price $330.00 Excluding Sales Tax | Credit Card Charge Fee Quick View H2H NOTARY RON FEMALE T-SHIRT Price $19.99 Excluding Sales Tax | Credit Card Charge Fee Quick View H2H NOTARY LLC V-NECK FEMALE T-SHIRT Price $23.99 Excluding Sales Tax | Credit Card Charge Fee Quick View H2H NOTARY LLC SWEATER HOOD MALE Price $54.99 Excluding Sales Tax | Credit Card Charge Fee Quick View H2H NOTARY LLC LONG SLEAVE MALE T-SHIRT Price $35.99 Excluding Sales Tax | Credit Card Charge Fee Quick View H2H NOTARY LLC SWEATER HOOD FEMALE Price $54.99 Excluding Sales Tax | Credit Card Charge Fee Quick View H2H NOTARY LLC LONG SLEAVE FEMALE SHIRT Price $35.99 Excluding Sales Tax | Credit Card Charge Fee Quick View H2H NOTARY VIRUAL RON MALE T-SHIRT Price $22.99 Excluding Sales Tax | Credit Card Charge Fee Quick View VIRTUAL RON MALE T-SHIRT Price $23.99 Excluding Sales Tax | Credit Card Charge Fee Quick View LOAN SIGNING NOTARIAL SERVICES Price $150.00 Excluding Sales Tax | Credit Card Charge Fee Quick View APOSTILLE NOTARIAL SERVICES Price $200.00 Excluding Sales Tax | Credit Card Charge Fee Quick View HOSPITAL NOTARIAL SERVICE Price $20.00 Excluding Sales Tax | Credit Card Charge Fee Quick View LAW FIRM NOTARIAL SERVICES Price $100.00 Excluding Sales Tax | Credit Card Charge Fee BOOK YOUR APPOINTMNT IN PERSON NOTARIAL SERVICES 30 min From 60 US dollars From $60 Book Now CAR DEALERSHIP NOTARIAL SERVICES 1 hr 75 US dollars $75 Book Now DMV NOTARIAL SERVICES 1 hr 30 min 80 US dollars $80 Book Now CONTRACTOR NOTARIAL SERVICES 1 hr From 40 US dollars From $40 Book Now Will Drafting 1 hr 150 US dollars $150 Book Now MOBILE NOTARIAL SERVICES 1 hr From 80 US dollars From $80 Book Now LAS VEGAS STRIP NOTARIAL SERVICES 1 hr 30 min From 100 US dollars From $100 Book Now REMOTE ONLINE NOTARIZATION (RON) 45 min From 60 US dollars From $60 Book Now CERTIFY LOAN SIGNING NOTARIAL SERVICES 1 hr 30 min 150 US dollars $150 Book Now HOSPITAL NOTARIAL SERVICES 1 hr 30 min From 100 US dollars From $100 Book Now LAW FIRM NOTARIAL SERVICES 1 hr From 80 US dollars From $80 Book Now JAIL HOUSE NOTARIAL SERVICES 2 hr 250 US dollars $250 Book Now ADOPTION NOTARIAL SERVICES 2 hr 275 US dollars $275 Book Now NOTARIAL OFFICERS SERVICES SAFE, SECURE, SATISIFIED, SERVICE A Satisfied customer is the best business strategy a Virtual Remote Notary Public Loan Signing Agent can give. Contact H2H NOTARY LLC NOTARIAL SAFE Safe We work so you don't have too. No matter what happened, it's important to know that a Virtual Remote Notary Public company will be their when you need the Notary for your important documents. To know that you will be safe. All Videos Play Video Play Video Play Video Play Video Play Video Play Video Play Video Play Video Play Video Play Video Play Video Play Video Play Video Play Video Play Video Play Video Load More Get in Touch Submit Thanks for submitting! What is your hours of operation? H2H NOTARY LLC is open 24/7. What is your address where we will meet you in person? H2H NOTARY LLC address is: 713 E Sahara Ave, Las Vegas, Nevada 89104. I will meet you in the front office of The Glenn Apartments. What is Sufficient Evidence of Identification? When a Notary Public is taking an acknowledgment, administering an oath or affirmation, or executing a jurat, the Notary Public must determine, from personal knowledge or satisfactory evidence, that the person is the individual whose signature is on the document. A Notary Public has satisfactory evidence that a person is the individual whose signature is on a document if: The person is personally known to the notarial officer, or identified upon the oath or affirmation of a credible witness who personally appears before the notarial officer . The person is identified by an identifying document which contains both a signature and a photograph of the individual. The person is identified by a consular identification card. The person is identified upon an oath or affirmation of a subscribing witness who is personally known to the Notary Public. The person, in the case of an individual who is 65 years of age or older and cannot satisfy the requirements by other means, is identified upon the basis of an identification card issued by a governmental agency or a senior citizen center. What kind of identification do I need for the Notarial Officer? State ID card State Drivers License Passport Prison Identification card Consular identification card CCDC card The person, in the case of an individual who is 65 years of age or older and cannot satisfy the requirements by other means, is identified upon the basis of an identification card issued by a governmental agency or a senior citizen center. The other way that a Notarial Officer can identify you is by a creditable witness. What are the fees for a Notarial Officer can charge? 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........ $15.00 For each additional signature of each signer.........................................................7.50 For administering an oath or affirmation................................................................7.50 For a certified copy.....................................................................................................7.50 For a jurat, for each signature on the affidavit.................................................... 15.00 For performing a marriage ceremony.................................................................... 75.00 2. All fees prescribed in this section are payable in advance, if demanded. 3. If you come after hours ( which is from 5:00 p.m. to 9:00 a.m ) the fees are as followed. For taking an acknowledgment, for the first signature of each signer......... $25.00 For each additional signature of each signer........................................................15.00 For administering an oath or affirmation...............................................................15.00 For a certified copy....................................................................................................15.00 For a jurat, for each signature on the affidavit..................................................... 15.00 For performing a marriage ceremony...................................................................$150.00 If you need a witness the fee is $30.00 for each witness that I provide. Can a Notarial Officer Notarize in other States? 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) No, a notary public commissioned in one state cannot notarize documents in another state. Each state has different laws and regulations governing the practice of notarization. You must find a notary public that is commissioned in the state where the document needs to be notarized. H2H NOTARY LLC is a notary service located in the state of NEVADA and is only authorized to notarize documents in this state. Yes, H2H NOTARY LLC is able to notarize documents in different states with Remote Online Notarization. We are registered as a remote notary in all 50 states and the District of Columbia. Our notarial officers are authorized to provide Remote Online Notarizations in any state or jurisdiction that allows for it. What are the Roles of a Notarial Officer? A Notarial Officer is an independent second party verifying an instrument of a first party for a third party. To complete this, the Notarial Officer would need to check to see if they are prohibited or restricted from completing the notarial act, obtain sufficient evidence to identify the person making the request, ensure the notarial certificate is completed correctly, record the event into their journal or electronic journal, then, and only then, Sign and Stamp. Is a Notary Public also a Witness? The principal signer may request to enact an instrument with the presence of “witnesses”. A notary cannot serve as both a “witness” and the Notary Public on the same document because a Notarial Officer is restricted from being named within the instrument. What are the laws for a Notarial Officer to notarize foreign documents? NRS 240.165 Foreign notarial acts. 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) What are Notarial Acts? NRS 240.1655 Notarial acts. 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. If the notarial officer is a notary public, 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; 2015, 3244) What is an Acknowledgment? 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) An Acknowledgment is a declaration made by a person who has signed a document, confirming that the signature is their own and that they understand the content of the document. An Acknowledgment is administered by a Notarial Officer, such as those at H2H NOTARY LLC, to provide an additional layer of credibility for the document. 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) What is acknowledgment in representative capacity? An acknowledgment in representative capacity is a type of notarization used when a signer is signing a document on behalf of another person or organization. The signer must provide a written statement, commonly referred to as a power of attorney, that authorizes them to do so. The notary public must verify the identity of the signer and the power of attorney document. 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) What if a person is unable to physically sign a document? If a person is unable to physically sign a document, H2H Notary LLC can provide a signature by proxy. This means that an authorized notary public can sign the document on the person's behalf. This type of signature is only valid when the person is unable to sign for themselves due to physical disability or other extenuating circumstances. The following format and notary language are sufficient for taking an acknowledgment when notarizing the signature of a person unable to sign. State of Nevada County of ________________ This instrument was acknowledged before me on [Date] by [Name of Person Physically Unable to Sign the Document] who directed that his or her signature be affixed to the above instrument by [Name of Person(s) Directed to Sign the Document]. __________________________________ [Signature of Notarial Officer] Notary Stamp What is acknowledgment containing power of attorney? An acknowledgment containing power of attorney is a notarized document that authorizes a person to act on another's behalf. It is typically used in a business context, allowing one person or entity to act as an agent for another. The person giving the power of attorney is referred to as the principal, and the person receiving the power of attorney is referred to as the attorney-in-fact or agent. The notary public's acknowledgment of the power of attorney document ensures that all parties involved are aware of the authority being given and that the document is legally binding. 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) What is a Jurat? 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) A Jurat is a certification that attests to the truthfulness of a document. It is signed by a Notarial Officer and includes an oath or affirmation that the signer swears or affirms was made in their presence. The Jurat also includes the date, signature of the Notarial Officer, and the Notarial Officer's seal. H2H Notary LLC is qualified to provide Jurat services. A “Jurat” is a declaration by the Notarial Officer that the signer of an instrument signed the document in the presence of the notarial officer and swore to, or affirmed to, the statements in the document being true. The Notarial Officer must first determine that the document signer is the person named in the document. Then, for the Notarial Officer to state a document was signed and sworn (or affirmed) before them, they must administer an oath by swearing in the document signer. To do this, the Notarial Officer will ask, “Do you swear (or affirm) that the statements in this document are true (so help you God)?” The document signer must then answer, “Yes” to complete the act. To be sensitive to people who wish not to take an oath by swearing, the Notarial Officer may substitute the word “affirm” for “swear” and exclude the phrase “so help you God.” The person must still answer “Yes” and sign the document in the presence of the Notarial Officer. 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) What is a subscribing witness? A subscribing witness is a person who is present when a document is signed and witnessed. This witness must be present to ensure that the document is properly executed and witnessed. The subscribing witness must then sign the document as a witness to the signing of the document. At H2H Notary LLC, our staff can provide subscribing witness services for all types of documents. 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) What is Copy Certified? Copy Certification is a type of notarization that involves the Notary Public certifying that the copy of a document is a true copy of the original. The Notary will compare the original document to the copy and certify that the two documents are identical. H2H NOTARY LLC offers Copy Certification services to ensure that your documents are accurately copied and certified. 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) What is a Credible Witness? 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) A Credible Witness is an individual who meets the legal qualifications to serve as a witness to a document signing or other notarization. A Credible Witness must be present at the notarization and have personal knowledge of the identity of the signer or signers. The Credible Witness must also sign the document or notarial certificate as a witness to the signing. At H2H NOTARY LLC, we provide qualified Credible Witnesses to ensure that all notarial acts are performed legally and correctly. 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) What is administering oath or affirmation of office? Administrating oath or affirmation of office is when a Notarial Officer administers an oath or affirmation to a public official upon their swearing-in ceremony. This is to ensure that the public official is abiding by their duties and responsibilities of their office. H2H NOTARY LLC can provide Notarial Officer services to administer oath or affirmation of office for any public official. 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) What is a Translator's Acknowledgment? A Translator's Acknowledgment is a sworn statement made by a translator that they have translated a document from one language to another accurately and completely. This statement is typically required for documents that need to be notarized in a different language. H2H Notary LLC offers Translator's Acknowledgments for a variety of languages. The following format and wording is sufficient for a Translator's Acknowledgment: I [TRANSLATOR'S NAME] certify that I am fluent in English and (translated language on document) that I am competent to perform the translation and that the above translation is the complete and accurate translation of the document entitled (document title). Signature of Translator _______________________________ State of Nevada County of ________________ This instrument was acknowledged before me on ____[DATE]___ by ________[NAME OF TRANSLATOR]_______. ________________________ (Notary stamp) (Signature of notarial officer) How to book online with H2H NOTARY website (www.h2hnotary.com)? BOOK APPOINTMENT ONLINE https://www.h2hnotary.com/book-online GO TO WEBSITE: h2hnotary.com. GO TO THE LINK ON HOME PAGE: Book Online. PICK YOUR SERVICES YOU WANT PICK TIME AND DATE FILL OUT DETAIL PAGE HIT THE BOOK APOINTMENT BUTTON PAY FOR SERVICE How do I order from your STORE or SHOP? HOW TO ORDER IN SHOP https://www.h2hnotary.com/shop SHOP NOTARIAL SERFICES YOU CAN ORDER WE WILL BE USING IN PERSON NOTARIAL SERVICES GO TO: https://www.h2hnotary.com/shop How much does it cost to have a Notarial Officer come to my house or business? NRS 240.100Fees for services; additional fees for travel expenses; notarial acts performed within and outside scope of employment. 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., $15 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., $30 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. $30.00 the hours from 6:00 a.m. to 7:00 p.m. $60.00 the hurs from 7:00 p.m to 6:00 a.m. What is Remote Online Notarization? Remote Online Notarization (RON) is a process that allows notarization to be performed over the internet. This technology enables legally binding notarizations to be conducted remotely and securely, eliminating the need for in-person visits to a notarial officer,s office. With RON, the signer, Notarial Officer , and any necessary witnesses can all be in different locations and still participate in the notarization process. At H2H NOTARY LLC, we are proud to offer this convenient and secure service. What are the fees for Remote Online Notarization? NRS 240.197 Fees for services; additional fees for travel expenses; electronic notarial acts performed within and outside scope of employment; exceptions. 1. Except as otherwise provided in this section: (a) An electronic notary public may charge the following fees: (1) For taking an acknowledgment, for each signature................................... $25 (2) For executing a jurat, for each signature..................................................... $25 (3) For administering an oath or affirmation.................................................... $25 (b) An electronic notary public shall not charge a fee to perform an electronic notarial act unless he or she is authorized to charge a fee for such an electronic notarial act pursuant to this section. (c) All fees prescribed in this section are payable in advance, if demanded. (d) An electronic notary public may charge an additional fee for traveling to perform an electronic notarial act if: (1) The person requesting the electronic notarial act asks the electronic notary public to travel; (2) 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 paragraph (a) and is not required by law; (3) 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 (4) The additional fee for travel does not exceed: (I) 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. (II) 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. (e) 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 paragraph (d) if: (1) The person requesting the electronic notarial act cancels the request after the electronic notary public begins traveling to perform the requested electronic notarial act. (2) 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. (f) For each additional fee for travel that an electronic notary public charges pursuant to paragraph (d), the electronic notary public shall enter in the electronic journal that he or she keeps pursuant to NRS 240.201: (1) The amount of the fee; and (2) The date and time that the electronic notary public began and ended such travel. (g) An electronic notary public may charge a reasonable fee to recover any cost of providing a copy of an entry or a recording of an audio-video communication in an electronic journal maintained pursuant to NRS 240.201. 2. 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. 3. An electronic notary public who is an officer or employee of the State or a local government shall not charge a fee for an electronic notarial act that the electronic notary public performs within the scope of such employment. 4. This section does not apply to any compensation for services provided by an electronic notary public which do not constitute electronic notarial acts or comply with the other requirements of this chapter. (Added to NRS by 2009, 3022; A 2017, 3452; 2019, 30) How to do Remote Online Notarization? What our Remote Online Notary strive to be. At H2H NOTARY LLC, we strive to provide the best remote online notary service possible. Our team is comprised of experienced, knowledgeable, and certified notaries that are dedicated to providing you with the highest level of service. We are committed to providing you with a convenient, secure, and reliable notary experience. Whether you need a document notarized, or want to obtain an apostille, our team is here to provide you with the best experience. What is a Electronic Notarial Officer? NRS 240.186 “Electronic notary public” defined. “Electronic notary public” means a person registered with the Secretary of State pursuant to NRS 240.181 to 240.206, inclusive, to perform electronic notarial acts. (Added to NRS by 2009, 3018; A 2017, 3448) A Electronic Notarial Officer (ENO) is an individual licensed by the state to perform notarial acts on electronic documents such as e-signatures and online notarizations. At H2H NOTARY LLC, our electronic Notarial Officers are experienced professionals who can guide you through the process of digitally notarizing your documents. What is Dynamic Knowledge-based Authentication Assessment? NRS 240.1825 “Dynamic knowledge-based authentication assessment” defined. “Dynamic knowledge-based authentication assessment” means an identity assessment that is based on a set of questions formulated from public or private data sources for which the person taking the assessment has not previously provided an answer and that meets any rules or regulations adopted by the Secretary of State. (Added to NRS by 2017, 3444) Dynamic Knowledge-based Authentication Assessment (DKBAA) is a form of authentication used to verify an individual’s identity. It requires a user to answer a series of questions related to their personal information, such as address, date of birth, or Social Security number. This process is designed to provide an extra layer of security, ensuring that only authorized individuals have access to confidential documents and data. At H2H Notary LLC, we use DKBAA to ensure that all documents are properly notarized and secure. What is Audio-Video Communication? NRS 240.1821 “Audio-video communication” defined. “Audio-video communication” means communication by which a person is able to see, hear and communicate with another person in real time using electronic means. (Added to NRS by 2017, 3444) Audio-Video Communication (AVC) is a form of communication that uses both audio and video technology to transmit information. It is often used in teleconferencing and video conferencing, allowing two or more people to communicate in real time over a distance. AVC can also be used for remote notarization, allowing an individual to securely sign and notarize documents from anywhere in the world. H2H NOTARY LLC offers AVC services to allow clients to securely conduct notarizations remotely. What can a Notarial Officer do as a Electronic Notary Public? NRS 240.196 Powers of electronic notary public. A person registered as an electronic notary public pursuant to NRS 240.181 to 240.206, inclusive, may perform the following electronic notarial acts for a person who requests the electronic notarial act and tenders any authorized fee: 1. Taking an acknowledgment; 2. Executing a jurat; 3. Administering an oath or affirmation; 4. Certifying a true and correct copy; and 5. Performing such other duties as prescribed by law. (Added to NRS by 2009, 3022; A 2017, 84, 3452) A Notarial Officer at H2H NOTARY LLC can serve as an Electronic Notary Public and perform the same services as a traditional Notary Public. This includes verifying identities, taking affidavits, witnessing signatures, and more. Our Electronic Notary Public is equipped to provide remote notarization services, enabling documents to be notarized from anywhere in the world. What is a electronic document? 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) An electronic document is a document that exists electronically, such as a word processing document, spreadsheet, PDF, or other digital file. Electronic documents can be created, stored, and shared in a variety of ways, and can be used to communicate information quickly and securely. At H2H Notary LLC, we offer services to notarize electronic documents in accordance with state law. What is Electronic Seal? 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 registration 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; A 2017, 3448) An Electronic Seal is an electronic version of the traditional seal used by notaries to authenticate documents. It is a digital signature that is used to secure and verify documents and other electronic transactions, and is unique to the notary and their jurisdiction. H2H NOTARY LLC offers Electronic Seals to our customers to ensure the authenticity of their documents. What is a Electronic Signature? 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) A electronic signature, also known as an e-signature, is a legally binding digital signature that allows you to sign documents and agreements online. Electronic signatures are a safe and secure way to execute documents without the need for a physical signature. At H2H NOTARY LLC, we are able to provide electronic signature services to ensure that your documents are legally valid and secure. How do you safeguard my electronic signature, seals, and notarial records? 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 and the entity from which the electronic notary public obtained the electronic signature or electronic seal in writing, including, without limitation, a signature using the name under which the electronic notary public is registered pursuant to NRS 240.192. At H2H Notary LLC, we take the security and privacy of your electronic signature, seals, and notarial records seriously. We use the latest security measures and technologies to protect the confidentiality of your documents. All electronic signature, seals, and notarial records are encrypted, stored securely on our protected servers, and are accessible only by authorized personnel. We also maintain strict policies and procedures to ensure that only authorized personnel have access to your confidential information. What is a digital certificate and why do I need one to perform electronic notarial acts? A digital certificate, or a digital signature, is how you will sign an electronic document. Your digital certificate is to the document in a way which makes the electronic file tamper evident. It is not just an image of your signature or stamp. Your solution provider will direct you in how to obtain a digital certificate from a third-party or directly through them. What is meant by "In the presence of" or "Appear before"? NRS 240.1882 “In the presence of” or “appear before” defined. “In the presence of” or “appear before” means being: 1. In the same physical location as another person and close enough to see, hear, communicate with and exchange credentials with that person; or 2. In a different physical location from another person but able to see, hear and communicate with the person by means of audio-video communication that meets any rules or regulations adopted by the Secretary of State. (Added to NRS by 2017, 3445) When a document states that it must be notarized "In the presence of" or "Appear before" a notary public, it means that the signer of the document must physically appear before the notary public in order to have their signature notarized. This is a legal requirement in order for the notary public to properly witness the signing of the document. At H2H Notary LLC, we ensure that all documents are properly witnessed and notarized in accordance with all applicable laws. What kind of documents can you do relating to real property? NRS 240.1999 Recording certain electronic documents relating to real property. 1. If an electronic document relating to real property located in this State contains an electronic acknowledgment, notwithstanding any omission or error in the certificate of acknowledgment or failure of the document to show an acknowledgment in compliance with applicable law, upon the document being recorded with the county recorder of the county in which the real property is located or filed with the Secretary of State: (a) The electronic document shall be deemed to be lawfully recorded or filed; and (b) All persons, including, without limitation, any creditor, encumbrancer, mortgagee, subsequent purchaser for valuable consideration or any other subsequent transferee thereof or of any interest therein, are deemed to have notice of its contents. 2. For the purposes of this section, a document is deemed to comply with all applicable requirements upon the acceptance for recording by the county recorder of the county in which the real property is located or the filing of the document with the Secretary of State, as required by law. (Added to NRS by 2017, 3447) At H2H NOTARY LLC, we are licensed to provide notary services for deeds, mortgages, deeds of trust, assignments of mortgages and deeds of trust, and other documents related to real property. We can also provide witness signings for real estate transactions. What is certifying copy of electronic document? A certifying copy of an electronic document is a copy of an original document that has been authenticated by a Electronic Notarial Officer. (ENO) This authentication is provided by signing and affixing a notarial seal to the document, verifying its authenticity and attesting to the fact that it is a true and accurate representation of the original. At H2H NOTARY LLC, our notary public can certify copies of electronic documents, ensuring that they are legally valid and accepted for official use. This is done thru Remote Online Notarizaiton (RON). In certifying a copy of an electronic document, the Notarial Officer is certifying that a paper document is a true and correct copy of an electronic document and was printed by the Notarial Officer or under their supervision. The Notarial Officer must print the entire document and complete the certificate on the printed paper document. NRS 240.19902 Short form for certifying copy of electronic document. Upon compliance with the requirements of NRS 240.199, the following certificate is sufficient for certifying that a paper document is a true and correct copy of an electronic document: State of Nevada County of................................ I certify that this is a true and correct copy of an electronic document printed by me or under my supervision. I further certify that, at the time of printing, no security features present on the electronic document indicated any changes or errors in an electronic signature or other information in the electronic document since its creation or execution. Dated................................. ..................................................... (Signature of notarial officer) (Seal, if any) ..................................................... (Title and rank (optional)) (Added to NRS by 2021, 1163) Electronic Notary Solution Provider Information Digital Delivery, Inc. Email: blake.alexander@digitaldeliveryinc.com Clear Sign Web: amrock.comPhone: (214) 585-2047 Email: ClearSignSupport@amrock.com Phone: (844) 913-1386 DocVerify Email: Become a notary Web: docVerify.com Notarize Inc. Email: Become a notary Email: https://www.notarize.com/become-an-agent Web: https://www.notarize.com/ eNotary Log Email: info@enotarylog.com Phone: (813) 467-9150 NotaryCam Email: https://www.notarycam.com/ Web: https://www.notarycam.com/contact-us/ Escrowtab Web: https://www.escrowtab.com Pavaso Email: support@pavaso.com Email: Support | Contact UsPhone: (866) 288-7051 - Option 3 Online Notary Center, Inc. Web: https://www.onlinenotarycenter.com/ Email: notary@onlinenotarycenter.com Stavvy Email: info@stavvy.com Web: https://stavvy.com Phone: (800) 809-7019 First American Title Insurance Company Email: Vo-customerservice@firstam.com (Exclusively for First American Clients & Notaries) SYNRGO Email: RON@synrgo.com Phone: (866) 505-9107 Web: www.synrgo.com LiveNotary, LLC Email: support@livenotary.com Web: https://livenotary.com MetLife Legal Plans, Inc. Customer Service Platform (Exclusively for Figure clients & notaries) Blend Email: opsdesk@blendnotary.com Web: www.blend.com Phone: (877)-890-5350 SIGNiX, Inc. Email: customersupport@signix.com Web: https://www.signix.com/secure-electronic-notarization Phone: (910) 475-8520 Figure Technologies, Inc. Phone: (877)-890-5350 Cyberize It, LLC Customer Service Platform Email: support@cyberizeit.com(Exclusively for Figure clients & notaries) Web: https://cyberizeit.com Phone: (614) 368-1106 Qualia Labs, Inc. Web: https://www.qualia.com Email: info@qualia.com Phone: (800) 460-5657 Simplifile LC Web: https://simplifile.com/ Email: NotarySupport@ice.com Phone: (855) 441-5498 PandaDoc, Inc. Web: https://pandadoc.com/notary Email: PandaDoc.com - Phone: (469) 512-8054 E-Notary Seal Web: www.E-NotarySeal.com Contact Us felicia.grimes@evolvemortgageservices.com Phone: (210) 379-4858 BlueNotary Email: info@bluenotary.us Web: https://bluenotary.us Pactima Email: support@pactima.com Web: https://pactima.com/products/ron How to Apply or Renew a Nevada Notary Commission if You are a Resident of Nevada. To become a notary or renew your notary commission in this state, you must meet the following requirements: (1) be at least 18 years of age (2) be a resident of this state (3) possess your civil rights (a felon cannot be a notary) (4) have never had your notary commission revoked in another state You must complete the online notary training class through the Secretary of State’s training site and pass an exam. You must also enter into a bond to the State of Nevada in the sum of $10,000 (at a minimum). The bond is filed with the county clerk of the county in which you reside. You are then given your oath of public office and the clerk gives you a filing notice. You must submit an online notary application (signed by hand) with the original filing notice from the county, and submit the application fee of $35 plus the training fee of $45.00 to the Secretary of State. Once your application is correctly processed, the Secretary of State will issue a Certificate of Appointment. Each notary must obtain a stamp for authenticating notarial acts. You will need a certified copy of your Certificate of Appointment to obtain a notary stamp. You must also maintain a journal of all transactions. Your application remains on file with the Secretary of State. How to Apply or R How to Apply or Renew a Nevada Notary Commission if You are a Resident of an Adjoining State. To become a non-resident notary or renew your non-resident notary commission, you must meet the same qualifications as stated above, except you must be a resident of a bordering state instead of Nevada and you must be regularly employed in Nevada. You will need submit Two Affidavits and a Nevada State Business License. If you are employed within the State, you will need to submit the "Non-resident Notary Public Affidavit". Your employer will need to complete the "Affidavit of Applicant's Employer." If you are self-employed, you will need to submit the "Non-resident Notary Public Affidavit" and you will complete the "Affidavit of Self-Employer Applicant." You are also required to provide a copy of the Nevada State Business license from the company in which you are employed. Only the following states qualify as Adjoining: California Oregon Utah Idaho Arizona For additional questions regarding notary public appointments, please contact 775-684-5708. What is H2H NOTARY LLC EDUCATION? H2H NOTARY LLC EDUCATION will provide educational training in the fields of public notary, electronic notary, and certified loan signing agent. H2H NOTARY LLC EDUCATION will guide you through the process and teach you from point A to point Z. We will teach how’s, what’s, and where’s in the growing and ever-changing field of Notary work. You will have the most up to date information. Classes are fill with Video, Audio, PowerPoints, Multimedia, Graph’s, Pictures, PDF documents, Word Documents, and Articles and Knowledgeable Information.H2H NOTARY LLC EDUCATION courses will be instructed by video, audio, PowerPoint presentation, multimedia, graphs, pictures, PDF and WORD documents, articles full of knowledgeable information, Zoom meetings, chats, and quizzes. All the materials can be download to your choice of device. By the end of the structured modules, you will be a Virtual Remote Online Notary Loan Signing Agent. H2H NOTARY LLC EDUCATION has a firm belief and policy on “Service is the Key to Success”. The structure that H2H NOTARY LLC EDUCATION implemented is so that clients, customer’s, borrower’s, associate’s, colleges and students should be SAFE, SECURE, SATISFIED in SERVICE that is provided by H2H NOTARY LLC EDUCATION. What training does H2H NOTARY LLC EDUCATION Offer? How much does it cost to get training from H2H NOTARY LLC EDUCATION? $50.00 a month until you unsubscribe from the program. Where do I go to get signed up for training classes?
- Legal Resources | H2H NOTARY LLC
Available Resources AVAILABLE FOR DOWNLOAD ESTATE PLANNING NOTARY DECEMBER 02, 2023 NEVADA REVISED STATUES CHAPTER 240 NOTARY PUBLIC DECEMBER 02, 2023 NEVADA NAC MARCH 23, 2024 Download Download Download ESTATE PLANNING NOTARY DECEMBER 31, 2023 Download NOTARIAL CERTIFICATES NRS DECEMBER 31, 2023 Download ESTATE PLANNING DOCS DECEMBER 31, 2023 Download RULINA REVISED UNIFORM LAW ON NOTARIAL ACTS DECEMBER 31, 2023 Download THE MODEL NOTARY ACT SEPTEMBER 1, 2022 DECEMBER 31, 2023 Download THE MODEL ELECTRONIC NOTARIZATION ACT 2017 DECEMBER 31, 2023 Download DECEMBER 31, 2023 AB245 Download DECEMBER 31, 2023 MISMO REMOTE ONLINE Download APOSTILLE AGENTS SURVIVAL GUIDE DECEMBER 31, 2023 Download REMOTE ONLINE NOTARIZATION 101 DECEMBER 31, 2023 Download LOAN SIGNING CHEAT SHEETS DECEMBER 31, 2023 Download ADOPED REGULATIONS FOR NAC CHAPTER 240 DECEMBER 31, 2023 Download NEVADA OF CIVIL PROCEDURE ADOPTED BY SURPREME COURT DECEMBER 31, 2023 Download MISMO REMOTE ONLINE NOTARIZATION STANDARDS DECEMBER 31, 2023 Download NEVADA ADMINSTRATION CODE NAC DECEMBER 31, 2023 Download NEVADA CHAPTER US NOTARY REFERNCE DECEMBER 31, 2023 Download RON REMOTE ONLINE NOTARIATION DECEMBER 31, 2023 Download DOCUSIGN REMOTE ONLINE NOTARIZATION DECEMBER 31, 2023 Download ELECTRONIC NOTARIZATION ENABLING ACT DECEMBER 31, 2023 Download FIDELITY APPROVED DECEMBER 31, 2023 Download NOTARIZATION IN MEDICAL FACILITIES DECEMBER 31, 2023 Download NOTARIZE DECEMBER 31, 2023 Download HOW TO USE RON DECEMBER 31, 2023 Download WHAT IS AN OMBUDSMAN? DECEMBER 31, 2023 Download DECEMBER 31, 2023 FAQ RON 2020 CHANGES NOTARIAL CERTIFICATES Download DECEMBER 31, 2023 NOTARIES GOING TO JAIL Download THE NOTARY JOURNAL: MY BFF DECEMBER 31, 2023 Download POWER OF ATTORNEY DECEMBER 31, 2023 Download WILL, ATTESTATION, CODICILS AND WITNESSES DECEMBER 31, 2023 Download NEXT GENERATION MILITARY ID DECEMBER 31, 2023 Download NEVADA REVISED STATUES DECEMBER 31, 2023 Download HOW LAW FIRMS USE REMOTE ONLINE NOTARIZATION DECEMBER 31, 2023 Download MORGAGE BANKERS ASSOCIATION RON DECEMBER 31, 2023 Download NEVADA REVISED STATUES CHAPTER 118 DECEMBER 31, 2023 Download SECOND REVISED SECRATARY OF STATE NEVADA DECEMBER 31, 2023 Download DRAFT FOR UNIFORM NOTARY ACT DECEMBER 31, 2023 Download
