Knowing whether you need a witness on a document has more than one aspect to it and that fact has a lot of Notaries a bit confused. Let's break it down for you here. 1 - You may need a document witness or two (witness to a signature) on a document in a loan signing package. Often on conveyance documents (Quit Claim Deeds, Warranty Deeds, etc.) and on Security instruments (Deed of Trust, Mortgage, etc.) you will see witness signature lines. Those documents are created by the lender and if the lender is based in a state that requires witnesses, this document will likely come pre-formatted with the witness lines, regardless of where the property is located. So just having those witness signature lines on your document doesn't necessarily mean they will be used at your signing. So you are tasked with finding out or deciding whether you are using those witness lines or not. A quick call to your hiring party can answer the question, but as you become more experienced you can use some critical thinking skills to determine the answer. The first thing you should set out to discover is where the property is located and is it in a 'Witness State'. Currently there are five (5) states that require a witness on a Deed. They are; Connecticut, Florida, Georgia, Louisiana, and South Carolina. Regardless of what state you are commissioned in, you will need witness(es) if you are assigned to assist in a closing for a property in one of those states. The second discovery - Can you, as the Notary on that document, also be one of the witnesses? That question can only be answered by your Secretary of State or other governing agency...not the title company. If you can't find the answer in your State Notary Manual, then you will have to make a call. The following list is current as of the writing of this article, but always double check your state regulations. Connecticut; Deeds require two (2) witnesses and if you are a Notary in that state you may also be one (1) of the witnesses. Florida; Deeds require two (2) witnesses and if you are a Notary in that state you may also be one (1) of the witnesses. Georgia; Deeds require one (1) witness and if you are a Notary in that state the Notary can't be the witness. Louisiana; Deeds require two (2) witnesses and if you are a Notary in that state the Notary can't be the witness. South Carolina; Deeds require two (2) witnesses and if you are a Notary in that state you may also be one (1) of the witnesses. If you are signing on a property located in a witness state but YOU are NOT in a witness state, you should follow the regulations for your state to know if you can also be the witness; Arizona; Notary cannot be the witness when notarizing a document for property in a witness state. California; Notary cannot be the witness when notarizing a document for property in a witness state. Oregon; Does not have a law that addresses whether or not a Notary can act as the witness and the Notary on a single document. Washington; Notary cannot be the witness when notarizing a document for property in a witness state. Kansas; Notary cannot be the witness when notarizing a document for property in a witness state. Maine; Notary cannot be the witness when notarizing a document for property in a witness state. This is not a complete list so you will need to check to see if your state regulations address this. The NNA suggests that it is "generally better to say no" because it can create a possible conflict. 2 - The next confusing element comes when we look at a document known as a Power of Attorney (POA). This is not a document where you are deciding whether or not you need the witness lines. This usually falls in the category of General Notary Work (GNW) and is never at the discretion of the Notary. If there are witness lines on the document then there needs to be witness(es) present to witness the signing. Witnesses to these documents should never be the Notary. They are private individuals, over the age of 18-yrs and not a party to the document. Close relatives might be prohibited as well. 3 - And yet there is another process that involves the word "witnessing" and that is a notarial act called, Signature Witnessing. Witnessing a signature is a different act from an Acknowledgement or a Jurat and not every state has this act available to their Notaries. There are thirteen (13) states that have Signature Witnessing as a notarial act. Georgia, Colorado, Idaho, Illinois, Kansas and Pennsylvania are among those. Signature witnessing is used when it is required to prove that a document was signed on a particular day. An acknowledgement does not require that the document be signed in your presence in most states. A Jurat establishes that the document was signed in your presence but is also a sworn oath. So Signature Witnessing is a different act with different requirements. California, Arizona, Florida, Texas are just a few of the stated that are not authorized to perform Signature Witnessing. How do you know if the certificate is Signature Witnessing? It will say 'Signed (or attested) before me' and will not require an Oath. 4 - Then there is a Subscribing Witness. Sometimes called ' Proof of Execution by Subscribing Witness'. This is a person who watches the signing of a document and then takes it to a Notary and acknowledges the principal did in fact sign it. Not many states allow this and can you imagine what opportunities for illegal activity would exist. Pretty much leaving the door wide open for fraud. 5 - And the last one (that I can think of) is the Credible Witness. This is not a signature or a notarial act. This is actually a human ID that is used to identify the signer when they do not possess valid government ID. It has been strongly recommended that a Credible Witness Affidavit be completed and retained by the Notary.

For Notary Signing Agents just getting started or even those in the business for a while, we have come to know and love our Rescission Calendars. These are important because they tell us when our Signer's last day to cancel is. We use it every time we go to a signing to check the dates, or enter the correct dates on the Signers' Notice of Right to Cancel form. We have printed copies that we carry with us. We have it on our smart phones. And we check it every time we print a new package that requires a NRTC to be in the package. But, are we too attached to it? We should be educated enough to figure out the correct date for the last day to cancel a transaction on our own without referring to a Rescission Calendar. Why? Because those pre-printed rescission calendars COULD potentially be wrong. And, in 2021 the NNA Rescission calendar was wrong TWICE. The first time was when the US Congress arbitrarily threw in a new holiday...Juneteenth, two days before it was to be observed. That left everyone scrambling. The second time was for the Fourth of July Holiday. There are eleven Federally recognized Holidays; New Year's Day, Martin Luther King Day, Washington's Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. When a Holiday falls on a Saturday, it is observed on the Friday before. When it falls on a Sunday, it is observed the following Monday. We, in the industry call these "PUSH" Holidays because they are pushed forward or back by one day. The NNA Calendar for 2021 incorrectly listed the rescission date for Thursday 07/01/2021 as 07/05/2021 when it should have actually been 07/06 (because 7/5 was a PUSH Holiday). And for Friday 07/02, it was listed as 07/06 and should have been 07/07 (because 07/05 was a PUSH Holiday). And for Saturday 07/03 it was listed as 07/07 when it should have been for midnight on 07/08. The regulations state that certain loans must give the borrower a (3) three day right to cancel. Nothing in the regulations state that they can't have a day or two longer. It just can't be less than three days. So when we are figuring out the last day to cancel for ourselves (not relying on the rescission calendar), we are counting (3) three days from the date of the signing BUT you skip Sundays, Holidays, and skip PUSH Holidays. So all you really need to know is what the Federal Holidays are and what day they fall on.

HECM (pronounced "heck-um") is an acronym for Home Equity Conversion Mortgage. It is more commonly known as a Reverse Mortgage. A Reverse Mortgage is simply the opposite of a Forward (regular) Mortgage. Where the forward mortgage loan balance reduces as the years go by (by making monthly payments), a Reverse mortgage balance grows larger because you are not required to make any payments at all. So why would anyone want a Reverse Mortgage? Most of those reasons are financial in nature and the pendulum swings from the very poor to the very rich. A Reverse Mortgage allows the homeowner to access the equity in their home and pay off any current mortgage. And they are not required to pay anything back. No monthly payments....ever. Standard HECM loans can go up to $726,000.00 and the Jumbo products go up to $4 million. Let’s look at a couple of reasons to get a Reverse Mortgage; Seniors living on a fixed income, often just their Social Security would benefit from never having to make another mortgage payment, and having access to more cash can supplement their retirement. The opposite of that is the very well-to-do homeowner who wants to access the equity in their home as a means of liquidity. Maybe for investments or just to free up some tax-free cash. At the same time, it pays off their current mortgage (if any) and they never have to make another mortgage payment. Reverse Mortgages are available to anyone who is 62 or older. It must be a primary residence and there must be some equity in the home. So, if they currently have a mortgage, the equity is the difference between the value of the home and the amount of the current mortgage. Most HECM products require roughly 50% equity to qualify. You can also purchase a home using a Reverse Mortgage as well as refinance a current Reverse mortgage to capture any additional equity growth if the housing market has gone up. Not only will the homeowner never have to make another mortgage payment, but they may also have cash coming to them as a result of the Reverse Mortgage. They will have a few options on how to receive that money. The most popular is in regular monthly payments or they can open a Line of Credit that they can draw from. That Line of Credit will have a growth rate that far exceeds traditional Savings accounts. The other great thing is that most HECMs are backed by FHA/HUD. That means IF the lender does not do their job, is late on making payments to the homeowner, or becomes insolvent, then FHA/HUD will step in and administrate the remainder of the loan for the homeowner. These types of loans are also NON-RECOURSE Loans. That means that the homeowner or their Heirs will never owe more on the loan than the house is worth. Knowing that the loan balance increases over time, if the homeowner wants to sell the home or the family needs to decide what to do with it after they pass away, it is only a matter of what the market will bear. If the family can sell for $310,000 but the loan has increased to $340,000.00, the family will NOT owe the $30,000 difference. Likewise, if the loan balance is $310,000 and they sell for $340,000 then the Heirs keep the profit. Maybe this has helped you know a little more about that weird mortgage called a HECM. If you are interested as a Notary on learning more about Reverse Mortgages please consider becoming a member of our site to review our training videos and train LIVE with us once a month specifically on Reverse Mortgages. Article by Beth Hathoot for Notary Stars 05/27/2021

If you have never purchased or refinanced a home you may not have a full picture of how the loan process develops and what happens when. This is a great article written by Ms. Carol Ray, owner of Notary2Pro. Carol was an escrow officer for many years before creating one of the best-known and recognized training programs in the county for Notary Signing Agents. In this article, you will have an overview of the progression of the loan from application to close. And you should get a good sense of how important your role is in this process. Notary2Pro Articles 0 Comment(s)

Corrections are going to be much more a part of your Notary Loan Signing Agent career than your encounters with requests for backdating. Therefore, we want to clarify the difference between a correction and backdating to help enlighten the Notary community. First and foremost, if you miss guiding a signer to sign in the correct spot or date a document (even if notarized) and you must obtain the signature or date at a later time- as long as the document was present and reviewed you are fine to have the signer sign and/or date for the date the document was between you both for the date that it originally appeared. The same thing applies if you have miss-dated a notarial certificate, forgot to stamp a document, or misspelled a name and you are asked to correct it. You may apply your corrections if allowed or requested. Corrections can only be applied to documents that existed between the notary and signers. Now if you have a completely new document requesting a date in the past or future you absolutely may only date that document for the date your notarial certificate for the date the signer appears before you. Otherwise, that is backdating or postdating and just should not and can't be done. It is unethical and can cost you your Notary commission. Notaries will face requests for backdating and postdating documents throughout their term. It is not an uncommon request. Remember: the people or companies that ask you to do this are in some sort of need and although you may not be able to help them you should always decline them with care and concern. Never make people feel poorly about their request; however, you may educate them on your State laws (which is dangerous in all States). There are no circumstances that a notary should ever backdate or postdate any document. If a document is already dated for a signer, however, the notary in most cases can still notarize the document by entering the date the signer appeared before them on their notarial certificate as long as the date for the signer matches or is a previous date. For instance, in Arizona, documents may be signed on the date they are issued or any date thereafter as long as the notary enters the date in their notarial certificate for the date the signer signed in front of them. Notaries may not notarize documents that have future dates printed for the signers. REAL-LIFE EXAMPLE: We recently received a call on the notary line here at NotaryStars.com where one of our members did in-fact make a mistake on a Deed of Trust. She was more than willing to help fix it but something wasn't quite right. When she received a copy of the document for correction she realized that the Deed had actually changed. The vesting and signature line of the Deed of Trust had changed from John J. Star to John Joe Star. She also recognized that the document's bar code had been altered. It was twice the size of the bar code on the original documents. This was a tricky case and our greatest minds came together to help the notary make the decision not to correct the new version of the document. We advised the notary obtaining the missing signature and date would be okay; however, if she executed the Notarial Certificate for a new document that would be backdating. We further advised her to let the Title Agency and Signing Agency she would only be able to apply corrections to the original Deed of Trust that appeared between her and the signers. That could have either been a fresh copy of the original copy as long as it was identical. (REPRINT IS YOUR BEST OPTION IF YOU HAVEN'T DELETED THE DOCUMENTS YET). This was a bit stressful for the notary but we helped her compose her email to the Title Agency and Signing Company explaining politely her position and they digressed.

It is important for new Notaries to understand the difference between Listing Sites, Signing Platforms, Signing Agencies, and Title Agencies in order to manage their business leads. Below we've broken out the differences and listed some examples (or where to find more information about each). Listing Sites- Listing sites include sites like NotaryStars.com (which also offers training) but also include sites like 123Notary.com, NotaryRotary.com, Google My Business, Yelp, and even NotaryQuest.com. These sites generally charge a fee for listing in their directory and offer you the ability for their external clients to search you and hire you directly. The sites themselves will not send you direct business but the customers who use these sites will reach out to you directly. It is your responsibility to answer the inquiries quickly in order to ensure you capture the lead and it turns into business. Signing Platforms- There are several Signing Platforms available to notaries. Snapdocs.com, SigningOrder.com, SignatureClosers.com are two of the most popular. Signing platforms are where companies pay a fee to the platform to locate Notaries in their database. There are other databases like ZigSig.com which are starting to come up in the ranks as well. Multiple companies buy into these platforms and in the beginning, it can be confusing for a newer Notary. Sometimes newer notaries refer to whom they are working for as Snapdocs but this just isn't true or correct. They are working for a particular company through Snap Docs and it's important to always know what company each order is coming from through the platforms. If only to look as professional as possible. Signing Agencies- Many Signing Agencies do not work through the Signing Platforms. For instance Mortgage Connect, Inspire Closings, or Amrock have their won platforms to assign notaries. You will always want to sign up with these companies as well as they are often much stronger than companies on Signing Platforms because they've built their own infrastructure. Title Agencies- You can work with many Title Agencies through Listing Platforms, Signing Platforms, and Signing Agencies but you can also work with them directly as well. Direct business is for sure the most sought-after business for Notaries as it pays the most (most of the time). The problem is it's harder to find as most busy Title Agencies either turn to Signing Platforms or Signing Agencies for ease and stream-linging. If you are able to get a direct Title office using you you will definitely want to protect it. If you are seeking more companies to work with check out the hiring list at Notary2Pro.com and our hiring list at NotaryStars.com once you are a member. Combined there are over 140+ companies for notaries to get started with outside of what's listed in this blog. *This article contains affiliate links for companies we truly believe in in order to help the valuable content we produce for you free. Notary Public Loan Signing Agent Hiring Companies Signing Agencies Title Agencies Listing Sites 0 Comment(s)

BLACKLISTED... It is a word every Notary Loan Signing Agent should wish never to hear associated with their name. And, unfortunately, if you have been Blacklisted you may not even know that you've been Blacklisted. This is why so many Notaries, especially during a Refinance Boom, fail to ever realize that BLACKLISTING is very real and it can happen on so many levels to a Notary. This Notary Stars Blog is to open your eyes to the level of Blacklisting that can happen to any notary and the most common reasons we are seeing it happen across the country. Levels of Blacklisting: Individual Signing Agency Blacklist- Notaries who are Blacklisted by an individual Signing Agency may not suffer too much unless they are one of your big clients. However, if the Signing Agency is on a program like Signing Order or Snapdocs it may be shown to other highering companies that you've been Blacklisted which it is not a great thing. Also, many Signing Agency owners share information with each other (such as preferred Notary list) which could do further damage. Entire Platform Blacklist- It may not seem possible that Signing Order or Snapdocs could remove a notary from their platform but it is indeed possible and you want to be careful to not get Blacklisted by too many companies (or do any of the items we will list below). Title Agency Blacklist- Working direct with Title is an amazing aspect of the Notary Loan Signing Agent industry. It pays more and a lot of times faster as there is no middle man. However, whether you are working with a Title Agency through a Signing Platform or direct you can get Blacklisted from ever working with that Title Agency again. If you messed up big time with a Fidelity file this would strip you from working Fidelity files with any of their Signing Agencies or Platforms. The same goes for First American. Lender Blacklist- Getting Blacklisted by a Lender is probably the worst possible scenario for a Notary. You would generally have to do something terrible or malicious. Many lenders have the same Underwriters and believe us (Notary work is on the radar). If you were Blacklisted by a large company like Chase, Wells Fargo, or Bank of America you may never work again. Reason We've Seen Notaries Being Blacklisted For: Not Reading Notary Instructions Carefully- Notary instructions vary from company to company. It is important for all notaries to read instructions sent to them with their orders to ensure they give the hiring party what they need to service their file. It is sometimes apparent when Notaries do not read instructions and if it becomes apparent you can easily get Blacklisted. Excessive Errors- When you represent yourself as a Notary Loan Signing Agent it means you know what you are doing when it comes to closing a loan package. It does not mean you are still learning. There are many training courses available (including Notary2Pro and Notary Stars) to help ensure you know what you are doing. Missing a signature is one thing but missing several is really bad and can ruin your career. No Call/ No Shows- Just as with any job there are major repercussions for not showing up to a work. If you have a confirmed appointment you need to be there or have a very good excuse. Because most closings are time-sensitive not showing up could delay a closing. Most Signing Agencies we know will not hire notaries who have Negative Feedback as a No Call, No Show. Trust is lost immediately! Excessive Fees- We've actually seen a lot of Notaries who tried to jack-up fees at the beginning of the COVID-19 lock-down who were Blacklisted right away. If you are not able to service a file for a reasonable price you should just not be available. We've seen notaries attempting to charge up to $350-$500 for a closing that's less than a mile from their house. These notaries get Blacklisted and eventually only are used in dire need. Pigeon Holding- When you take an order for a fee you have to see it through. Changing your price to ship documents will land you without work. This kind of feedback on your record will remain forever. Over-booking- Notaries need to know how to schedule themselves properly. Over-booking and being late for assignments will eventually lead to Blacklisting. No one likes a late notary (even if they are nice about it). Rude, Condesening, Know-It-All Attitude- Notaries who do have a background in Title, Escrow, Lending, or even being a Realtor need to watch how they speak to the hiring parties. You are only working as a Notary Loan Signing Agent. You can't tell your assigning or hiring party how to conduct their transaction. You must bend to their needs instead. Cursing or Swearing- If you curse or swear at a Signing Agency you will be removed from Signing Agency platforms without question. Many companies record their calls these days and if it's forwarded to the platform you will lose your listing and they could even choose to escalate the issue to the Title Agencies and Lenders they work with. Not Returning Documents On-Time- Once a signing package is signed it's important to treat it like a hot potato. You have to get it returned ASAP. Notaries HAVE to know about disbursement dates (funding dates). If you don't know then you will look terrible at your job at some point. This will come from good training like at Notary2Pro or here at Notary Stars. We see notaries being Blacklisted regularly for not understanding disbursement dates and holding packages until it's too late. Drinking On the Job- It should go without saying but it happens. Notaries go to lunch with a friend, start eating dinner and the phone rings, or you weren't expecting any calls and you just start having a glass of wine.... ALL BIG NO-NO'S! Make it a rule that if you have a sip of Alcohol that you wait 8 hours before driving or conducting business. If a customer smells alcohol on you (even if you don't have a problem at the signing), you can probably kiss your relationship with the Title Agency, Signing Agency, or Lender good-bye.

One of the biggest questions we receive about working for Fidelity National Title is "How Do I Become Fidelity Approved?" From what we know currently, since the inception of BancServ, Fidelity is no longer approving Notaries or Signing Agencies directly on a regular basis. Only existing Notariesand Signing Services who have kept their approval renewed on-time before this rule started a few years ago is the exception. This does not mean there is a definite no as with any company as strong as Fidelity they may have growth spurts in areas where they have to recruit outside of BancServe. There are many rumors that if an Escrow Officer wants you bad enough and they have any pull with the company at all they may be able to push you through to direct approval. Signing Services that existed before Fidelity switched to BancServ are still in existence and can also get you approved through their service; however, it is important to understand you will need to get Fidelity Approved through each individual service you want to work with. If you are approved through BancServ but receive an order that requires a Fidelity Approved Notary through another platform you could derail an entire loan by taking the order. Fidelity is extremely strict and you must be on the list to work with them. They are strict and very powerful as well because they've been in business longer than most Title companies. It is in your best interest never to try to slide under the radar trying to get noticed because you could ruin a potential relationship forever. And they really are one of the best companies to work for as a Notary Signing Agent. You may ask- why BancServ? From what we know BancServ is Fidelity's choice for Signing Services. Be Careful Of These Important Things: 1) It is okay to seek out business but do not become annoying when searching for a Fidelity Officer to advocate for you. This could get you barred from ever doing a Fidelity File. Experience is key when working with Fidelity and you will get noticed in your Notary community in due time by even Fidelity offices. 2) Never approach an Escrow Officer for a direct business that comes through BancServ or any other signing service. This is not only unprofessional but also against the Signing Agent Code of Conduct set for by the NNA. Let your relationships develop naturally and if someone thinks you stand out while working with any platform and approaches you- then you are Golden. 3) Never accept a Fidelity File unless you know for sure you are approved to take a Fidelity File with that SPECIFIC company while working with them. For instance, if you are Fidelity Approved through XYZ Signing Company you are not Fidelity Approved through ABC Signing Service unless both have given you explicit approval. This has gotten many notaries in trouble and not knowing is not a respectable reply when you've botched someone's signing. That's exactly why you are reading this particular article because you wanted to know.

Do you feel like you're lost in a maze of confusing certificate wording and varying requirements? Do you experience anxiety and stress when you receive notarization requests from other states? Yupixit is here to provide relief! With its powerful tips and tricks, Yupixit can help you master out-of-state online notarizations and feel like a notary superhero! Side effects may include increased confidence, a sense of notary invincibility, and an urge to electronically stamp everything in sight. Don't wait, read this helpful leaflet to see if Yupixit is right for you! Tip #1: Get to Know Your Notarization The first step to conquering out-of-state notarizations is to understand the type of notarization required. And with the help of Yupixit, this task just got a whole lot easier! By reading through the certificate for key words and phrases, such as "acknowledged," "subscribed and sworn to," or "signed and sworn to," Yupixit can help you determine the type of notarization needed for your client's document. With Yupixit by your side, you'll never have to second-guess which notarial act to perform again! But what do these words even mean? Let's break it down. "Acknowledged" means the signer has confirmed that the contents of the document are true and accurate. "Subscribed and sworn to" means the signer has signed the document in front of you and has sworn to the truth of the contents of the document. "Signed and sworn to" means the same thing as "subscribed and sworn to," just with a different wording. Tip #2: Check the Venue Field Another crucial step in out-of-state notarizations is to double-check the venue field on the notarial certificate. With Yupixit, you can ensure that the venue field always reflects the state and county where the notarization is performed, not where the document was prepared or will be filed. Yupixit can guide you on how to properly cross through any incorrect information and enter the correct venue information. With Yupixit, you'll never have to worry about getting the venue wrong again! For example, if you're in Miami, Florida, and the document is being notarized in Miami-Dade County, the venue field should read "State of Florida, County of Miami-Dade." If it says "State of Florida, County of Broward," then Houston, we have a problem! Tip #3: Determine if the certificate wording variations are major or minor. If you are ever in doubt, check the certificate on the document against the statutory form, usually found in your state’s Notary handbook. If your state’s example form requires you to enter the date the notarization took place, but the certificate provided to you in the document does not, this could be an indication that the notarial certificate you are currently working with is “out of compliance” for your state. However, if your state’s sample form reads, “Before me, Sophia Seals, Notary Public…” and the notarial certificate provided reads, “Before me, the undersigned Notary Public of said state…,” then the certificate is probably acceptable. It’s important to pay attention to these variations in wording to ensure that the notarization is valid. Tip #4: Use a Separate Certificate When in Doubt When in doubt, don't let the document's certificate bring you down. Use a separate, looseleaf certificate that you know complies with your state's laws. Remember with the help of Yupixit, you pick the certificate you need to stay in compliance with your state laws. Just make sure to check with the signer that it's all good before proceeding. That’s right, mastering out-of-state notarizations is no longer an unattainable goal. With Yupixit, you can say goodbye to confusion, stress, and anxiety and hello to the confidence, empowerment, and invincibility that comes with being a notary superhero. Whether you're a seasoned notary or a new notary on the block, these tips will help you navigate the maze of notarial certificates and requirements like a pro. Remember, always follow your state's laws and regulations when performing notarizations, and never hesitate to reach out for help if you need it. With Yupixit, the sky's the limit!

IPEN: What you need to know about the original electronic notarization From shopping, to ordering food, to notarizations – the global COVID-19 pandemic made electronic transactions a regular and expected part of our lives. For Notaries and their customers, remote notarizations became an option to complete notarizations during the height of the pandemic, when face-to-face interactions sometimes became difficult due to local lockdown measures. While many states now allow remote online notarizations (RONs) through permanent laws, you may not realize that you were already empowered to perform another form of electronic notarization. In-person electronic notarization (IPEN) has been around for more than 20 years and is approved for use in all 50 states in some form (check your individual state’s laws for the specific requirements for IPENs or other electronic notarizations). The idea of IPEN was born during the 1990s digital revolution. With the creation of the internet and other digital tools, IPENs were seen as a way to create greater trust in notarial acts. And they were on their way to being widely accepted, but the twin disasters of the bursting real estate bubble and the robo-signing scandal in the mid-2000's, set back the wide adoption of IPENs. However, with IPEN laws on the books, this type of notarization is just waiting for another chance at adoption. IPEN and RON explained IPEN and RON aren’t the same thing. While they share some similarities — namely being electronic notarizations — they have fundamental differences. IPEN (in-person electronic notarizations) means exactly what it says. They are in-person notarial acts. In other words, they require the signer to appear in front of the Notary in the same physical location at the time of the notarization, and be identified by the Notary in the same way as a traditional notarization. The documents are presented in a digital format and signed using an electronic signature. The Notary uses an electronic seal and signature to notarize the document. RONs (remote online notarizations) are notarial acts that allow the signer to “appear” before the Notary over the internet using audio-visual technology. A RON does not require the signer to be in the same physical location as the Notary. Depending on state law and the service being used, the process involves the system establishing the identity of the signer prior to interacting with the Notary, who also verifies the signer’s identity using the same identification documents that are required for a traditional in-person notarization. The signer “signs” the document electronically and the Notary affixes his or her electronic signature and seal to the digital document. The audio and video of the notarial act is typically recorded. RON has received more attention of late due mainly to the worldwide COVID-19 pandemic when many states had temporary emergency authorization for remote notarizations. Many of the states that put temporary remote measures into place have since enacted permanent laws. To date, 43 states have RON laws on the books. However, mortgage industry players and the big banks have been slow to utilize RONs in a widespread way, due to the inherent technical complexity of a RON, the lack of a 50-state operational footprint, concerns in some quarters that remotely notarized documents may not be legally recognized across all state lines and other factors. Making a comeback In the words of LL Cool J, “Don’t call it a comeback, I’ve been here for years”. But why is IPEN growing in popularity now? There are a number of reasons. First, title companies are looking for ways to be more efficient, and IPEN offers both efficiency and a legally verifiable signing process while maintaining their relationships with key partners. Second, IPENs allow loans to close and be sold to investors in the secondary mortgage market just as quickly as RONs, and there aren’t the same concerns with documents notarized with IPEN being rejected when they cross state borders as some have raised with RON. Third, and just as important, IPEN makes the process easier for Notaries with a robust, intuitive, reliable platform that improves efficiency. Further, there’s a need for IPEN. Prior to the pandemic about 70% of loan closings were done at the lender’s or title company’s offices. Now that number is about 50%, with the remaining occuring in-person, but outside the traditional office. A robust, intuitive, flexible, and secure digital solution that utilizes traditional Notary practices makes IPEN an attractive option for title companies, recorders, signers, and Notaries alike. How IPEN works An illustration of how an IPEN works from beginning to end will clearly show the benefits of the process. Because this article has discussed IPEN’s growing acceptance in the mortgage industry, I will use a loan signing as an example: Step 1: The title company or closing agent loads the loan documents in digital format into a technology platform (either its own or one provided by a third-party vendor such as EscrowTab, Jot, or BlueNotary) that will be used for the signing and assigns it to the Notary Signing Agent. Step 2: The Notary Signing Agent reviews the documents that are ready for the signer on the platform. If there is a last-minute change to a document prior to the loan signing appointment, there is no need for the Notary to print a revised form, or pick up the revised document at a FedEx location. The documents are updated by the title company or closing agent instantaneously and uploaded to the platform prior to the signing. Step 3: The Notary Signing Agent travels to the borrower for the signing appointment, logs in to the platform from which the electronic documents will be presented to the borrower and signed, and verifies the identity of the borrower in exactly the same way as they would for a traditional notarization. Step 4: The Notary Signing Agent walks the borrower through the documents in the loan package appearing on the Notary’s device. The borrower signs the documents electronically and the Notary Signing Agent performs any notarizations that are required electronically. The devices that can be used might vary from one platform to another In addition, digital closing systems can perform quality control checks, verifying that all the signatures and fields have been filled in, eliminating potential errors and giving the Notary and the signer the confidence that the notarization has been completed properly. Step 5: Once the documents are signed and notarized on the platform, the title company, closing agent, and lender are notified that the documents are signed and ready for their review. While I have used a loan signing as the example, IPEN can be used for the notarization of a document in any industry setting. Verifiable signatures In the early 2000s there was pushback by some states because the statutes hadn’t caught up to the technology. But that isn’t the case anymore. One of the specific benefits that was first realized with IPEN technology, and then adopted by RON technology later, is that the electronic signatures and notarizations can be verified. An entire audit trail of all actions taken on the electronic document by all the parties is created at the time they occur and can be reviewed by others. This imparts trust to electronically signed and notarized documents that is simply not possible with paper documents. Before You Get Started Before you perform IPENs, make sure that you’ve reviewed the laws of your state to determine whether you can perform in-person electronic notarizations. There may be a process you must follow to qualify with your state’s Notary commissioning official, a training course you may be required to take, and an exam you may have to pass. You’ll also want to read up on what your laws say about completing journal entries and notarial certificates for IPENs, as well as any other rules you must follow. Most of the technology providers can also help you through this process. Once you learn your state’s statutes and regulations related to IPENs, you can begin the process of getting on board with the technology you will need to perform IPENs. This typically will be through any companies you work with that are using IPEN. Depending on the technology provider, you may need specific hardware to perform IPENs. It could be a laptop or mobile computing device. The information can be obtained from the technology provider, such as EscrowTab. You also will need an electronic seal. Depending on the state, you could receive your electronic seal from the technology provider or obtain it from the NNA. Then you can sign up with the provider of your choice. (EscrowTab does not charge a fee to create an account, and once created, other signing platforms can see that you are able to perform electronic notarizations.) Notably, although the focus of this article has been the use of IPEN in the mortgage market, that doesn’t mean IPEN can’t be used in other industries. Because IPENs replicate traditional notarizations, more markets can use and accept IPENs. But more than that, you’re future proofing your business by being ready for what your clients expect and positioning yourself at the front of the pack compared to other notary signing agents. How IPEN benefits Notaries IPEN saves time and money for Notaries, especially Signing Agents. For example, there is no need to print documents or pick up loan packages from the title company. If a document needs to be updated, it can be done electronically. So, what does this mean for the Notary? Fewer business expenses, documents that are ready and correct, more on-time appointments, and happier signers. With the time you save by not having to print documents or pick up new loan packages, you can schedule more jobs, improving your profitability. Notarizations Enter the Digital Age Remote online notarization demonstrated that there was an appetite for electronic notarizations, but in-person electronic notarization shows how they can be done in a way that is easy and secure — and most of all familiar, because IPENs allow Notaries to follow the same practices and procedures in performing notarizations that they have done for years. The Notaries I’ve worked with love IPEN for all these reasons, and I expect that the demand will transform Notary businesses, making them more efficient and profitable without sacrificing the trust and security that is expected from the work of professional Notaries.

Congress proposes federal remote notarization bill — what Notaries need to know In February, Congress introduced the SECURE Notarization Act, a bill that could have a major impact on interstate in-person electronic (IPEN) and remote online notarizations (RON) if it becomes law. Here’s what Notaries should know: What is the SECURE Notarization Act? How will the Act affect Notaries if it becomes law? What’s the current status of the Act? Does the NNA support or oppose the Act? What is the SECURE Notarization Act? The “Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2023” (SECURE Notarization Act) was introduced in the 2023 Congress in February. It would authorize Notaries nationwide to perform IPENs and RONs if the notarization occurs in or affects interstate commerce, even if the Notary’s home state does not have in-person electronic or remote online notarization laws on the books. Back to Top How will the Act affect Notaries if it becomes law? If the Act becomes law, Notaries in states without in-person electronic or remote online notarization laws would have blanket authorization to perform IPENs and RONs exclusively for transactions involving interstate commerce. Notaries in states that have existing IPEN and RON laws would continue to perform these notarizations under the authority of their state law. The Act would further set minimum federal standards for performing technology-based notarizations. For in-person electronic notarizations, Notaries would be required to attach or logically associate their electronic signature and all other required information to the electronic record (for example, the Notary’s printed name, commission expiration date, and electronic seal) in a manner that produces evidence of any change after the notarization is performed. For remote online notarizations, the remotely located signer would have to personally appear at the time of notarization before the Notary Public using communication technology. Notaries must identify a remotely located signer through (1) at least 2 distinct processes or services to verify the identity of the remotely located signer, (2) the oath or affirmation of a credible witness who is either physically present before the Notary or present before the Notary using communication technology, or (3) the Notary’s personal knowledge. In addition, Notaries would have to create and retain a recording of the notarization and confirm that the signer’s statement and/or signature was made on the same document that was notarized. If enacted, the SECURE Notarization Act may preempt the in-person electronic or remote online notarization laws of states that do not contain the minimum standards in the Act, affecting how Notaries in preempted states perform these notarizations. Two examples are Alabama and South Dakota. Alabama’s law does not conform to the minimum identification standards under the SECURE Notarization Act. South Dakota’s law does not require the Notary or the Notary’s agent to create and maintain a recording of each remote notarization. In addition, state laws giving greater legal effect to the implementation or application of a specific technology or technical specification would be preempted by the Act. This could require states to rewrite their laws. Back to Top What’s the current status of the Act? It was introduced on February 17, 2023, passed the U.S. House of Representatives on February 27, and is currently in the U.S. Senate and assigned to the Senate Committee on the Judiciary. If you’d like to read more about the bill, Congress.gov has information on the SECURE Notarization Act’s current text and status. Back to Top Does the NNA support or oppose the SECURE Notarization Act? The NNA has not taken a position on the SECURE Notarization Act. The NNA believes the interstate recognition provision in the Act could be needed to protect the Notary Public office nationwide if bills seeking to undermine the acceptance of RONs across state lines currently being considered in California and Connecticut are enacted. On the other hand, the NNA does not support Congress in determining who may perform notarizations and how they are conducted. These matters traditionally have been determined individually by each state. The NNA also has questions about how the Act will affect Notary liability. For example, the Act allows a Notary of a state without a remote online notarization law to perform a RON if the notarization occurs in or affects interstate commerce. Could a Notary commissioned in a state that does not have a RON law be liable if a court decides later that the transaction wasn’t related to interstate commerce? The NNA invited industry experts to offer statements about why they support or oppose the bill: Statement from Renée Hunter, General Counsel of Notarize, supporting the SECURE Notarization Act: “As RON continues to grow in popularity, the benefits of the SECURE Notarization Act are clear. The legislation will provide greater clarity around remote notarizations and ensure that minimum standards are applied equally across all 50 states. It is important that the Act establish a floor while giving states the flexibility to implement additional standards — a crucial component of a state's role in regulating Notaries Public. SECURE will guarantee that Notaries nationwide can access RON and give the people they serve the confidence they deserve when traveling or doing business between states. While Notarize is committed to working with each state on implementing RON, companion legislation at the federal level is needed to deliver these important protections.” Statement from Timothy Reiniger, Director, Reiniger LLC, opposing the SECURE Notarization Act: “If enacted in its current form, the SECURE Act will cause serious damage to the notarial profession in the United States. By preventing (or preempting) states from setting technology performance requirements and, in effect, shifting technology determinations to the private sector, Notaries will be subject to using the multiple proprietary technology platforms and fee structures of the banking, land title insurance, and legal services industries. It is far more economical for Notaries to be able to select just one interoperable standards-based state technology that all sectors must recognize.”

TITLE 19. MISCELLANEOUS MATTERS RELATED TO GOVERNMENT AND PUBLIC AFFAIRS CHAPTER 240. NOTARIES PUBLIC, COMMISSIONERS OF DEEDS AND COMMISSIONED ABSTRACTERS GENERAL PROVISIONS NRS 240.001 Definitions. As used in NRS 240.001 to 240.206, inclusive, unless the context otherwise requires, the words and terms defined in NRS 240.002 to 240.0067, inclusive, have the meanings ascribed to them in those sections. 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. 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. NRS 240.0028 “Domestic partners” defined. “Domestic partners” has the meaning ascribed to it in NRS 122A.030. NRS 240.003 “In a representative capacity” defined. “In a representative capacity” means: 1. For and on behalf of a corporation, partnership, trust or other entity, as an authorized officer, agent, partner, trustee or other representative; 2. As a public officer, personal representative, guardian or other representative, in the capacity recited in the instrument; 3. As an attorney-in-fact for a principal; or 4. In any other capacity as an authorized representative of another. NRS 240.0035 “Jurat” defined. “Jurat” means a declaration by a notarial officer that the signer Revised 5/25/2022 -14- 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. NRS 240.004 “Notarial act” defined. “Notarial act” means an act that a notarial officer of this state is authorized to perform. The term includes: 1. Taking an acknowledgment; 2. Administering an oath or affirmation; 3. Certifying a copy; 4. Executing a jurat; 5. Noting a protest of a negotiable instrument; and 6. Performing such other duties as may be prescribed by a specific statute. NRS 240.005 “Notarial officer” defined. “Notarial officer” means a notary public or an officer authorized to perform notarial acts. NRS 240.0055 “Notarial record” defined. “Notarial record” means: 1. The journal that a notary public is required to keep pursuant to NRS 240.120; 2. The journal that an electronic notary public is required to keep pursuant to NRS 240.201; and 3. A document or other evidence retained by a notary public or an electronic notary public to record the performance of a notarial act or an electronic notarial act. NRS 240.0063 “Notary public” defined. “Notary public” means a person appointed to perform a notarial act by the Secretary of State pursuant to NRS 240.010. NRS 240.0065 “Person” defined. “Person” means a natural person. NRS 240.0067 “State” defined. “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. NRS 240.007 Information and documents filed with or obtained by Secretary of State: Public examination; confidentiality; disclosure. 1. Except as otherwise provided in subsections 2 and 3, information and documents filed with or obtained by the Secretary of State pursuant to NRS 240.001 to 240.206, inclusive, are public information and are available for public examination. 2. Information and documents filed with or obtained by the Secretary of State pursuant to or in accordance with subsection 3 of NRS 240.010 are not public information and are confidential. 3. Except as otherwise provided in subsections 4 and 5 and in NRS 239.0115, information and documents obtained by or filed with the Secretary of State in connection with an investigation concerning a possible violation of the provisions of NRS 240.001 to 240.206, inclusive, are not public information and are confidential. 4. The Secretary of State may submit any information or evidence obtained in connection with an investigation concerning a possible violation of the provisions of NRS 240.001 to 240.206, inclusive, to the appropriate district attorney for the purpose of prosecuting a criminal action. 5. The Secretary of State may disclose any information or documents obtained in connection Revised 5/25/2022 -15- with an investigation concerning a possible violation of the provisions of NRS 240.001 to 240.206, inclusive, to an agency of this State or a political subdivision of this State. APPOINTMENT AND PRACTICE NRS 240.010 Appointment by Secretary of State; cancellation of appointment; unlawful acts; injunctive relief. 1. The Secretary of State may appoint notaries public in this State. 2. The Secretary of State shall not appoint as a notary public a person: (a) Who submits an application containing a substantial and material misstatement or omission of fact. (b) Whose previous appointment as a notary public in this State or another state has been revoked for cause. (c) Who, except as otherwise provided in subsection 3, has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to: (1) A crime involving moral turpitude; or (2) Burglary, conversion, embezzlement, extortion, forgery, fraud, identity theft, larceny, obtaining money under false pretenses, robbery or any other crime involving misappropriation of the identity or property of another person or entity, if the Secretary of State is aware of such a conviction or plea before the Secretary of State makes the appointment. (d) Against whom a complaint that alleges a violation of a provision of this chapter is pending. (e) Who has not submitted to the Secretary of State proof satisfactory to the Secretary of State that the person has enrolled in and successfully completed a course of study provided pursuant to NRS 240.018. 3. A person who has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a crime involving moral turpitude may apply for appointment as a notary public if the person provides proof satisfactory to the Secretary of State that: (a) More than 10 years have elapsed since the date of the person’s release from confinement or the expiration of the period of his or her parole, probation or sentence, whichever is later; (b) The person has made complete restitution for his or her crime involving moral turpitude, if applicable; (c) The person possesses his or her civil rights; and (d) The crime for which the person was convicted or entered a plea is not one of the crimes enumerated in subparagraph (2) of paragraph (c) of subsection 2. 4. A notary public may cancel his or her appointment by submitting a written notice to the Secretary of State. 5. It is unlawful for a person to: (a) Represent himself or herself as a notary public appointed pursuant to this section if the person has not received a certificate of appointment from the Secretary of State pursuant to this chapter, or if his or her appointment is expired, revoked or suspended or is otherwise not in good standing. (b) Submit an application for appointment as a notary public that contains a substantial and material misstatement or omission of fact. (c) Violate any provision of this chapter, including, without limitation, the provisions of NRS 240.085. Revised 5/25/2022 -16- 6. Any person who violates a provision of paragraph (a) of subsection 5 is liable for a civil penalty of not more than $2,000 for each violation, plus reasonable attorney’s fees and costs. 7. Any person who is aware of a violation of this chapter by a notary public or a person applying for appointment as a notary public may file a complaint with the Secretary of State setting forth the details of the violation that are known by the person who is filing the complaint. 8. The Secretary of State may request that the Attorney General bring an action to enjoin any violation of paragraph (a) of subsection 5 and recover any penalties, attorney’s fees and costs. NRS 240.015 General qualifications; expiration of appointment after termination of lawful admission for permanent residency in United States; conditions for appointment of resident of adjoining state. 1. Except as otherwise provided in this section, a person appointed as a notary public must: (a) Be a resident of this State. (c) Be at least 18 years of age. (d) Possess his or her civil rights. (e) Have completed a course of study pursuant to NRS 240.018. 2. The Secretary of State may appoint a person who resides in an adjoining state as a notary public if the person: (a) Maintains a place of business in the State of Nevada that is registered pursuant to chapter 76 of NRS and any applicable business licensing requirements of the local government where the business is located; or (b) Is regularly employed at an office, business or facility located within the State of Nevada by an employer registered to do business in this State. If such a person ceases to maintain a place of business in this State or regular employment at an office, business or facility located within this State, the Secretary of State may suspend the person’s appointment. The Secretary of State may reinstate an appointment suspended pursuant to this subsection if the notary public submits to the Secretary of State, before his or her term of appointment as a notary public expires, the information required pursuant to subsection 2 of NRS 240.030. NRS 240.0155 Prohibition on collecting social security numbers or alternative personally identifying number from notary public or applicant for appointment as notary public. The Secretary of State shall not collect the social security number or an alternative personally identifying number, including, without limitation, an individual taxpayer identification number, from a notary public or an applicant for appointment as a notary public. NRS 240.017 Regulations of Secretary of State. The Secretary of State: 1. May adopt regulations: (a) Prescribing the procedure for the appointment and mandatory training of a notary public. (b) Establishing procedures for the notarization of digital or electronic signatures. 2. Shall adopt regulations prescribing the form of each affidavit required pursuant to subsection 2 of NRS 240.030. NRS 240.018 Courses of study for mandatory training of notaries public; fees; persons required to enroll in and successfully complete course of study; Notary Public Training Account; disposition of excess fees. Revised 5/25/2022 -17- 1. The Secretary of State may: (a) Provide courses of study for the mandatory training of notaries public. Such courses of study: (1) Must include at least 3 hours of instruction and an examination relating to the functions and duties of notaries public; and (2) May be conducted in person or online by the Secretary of State or a vendor approved by the Secretary of State. (b) Charge a reasonable fee to each person who enrolls in a course of study for the mandatory training of notaries public. 2. A course of study provided pursuant to this section must comply with the regulations adopted pursuant to subsection 1 of NRS 240.017. 3. The following persons are required to enroll in and successfully complete a course of study provided pursuant to this section: (a) A person applying for appointment as a notary public for the first time. (b) A person renewing his or her appointment as a notary public. (c) A person who has committed a violation of this chapter or whose appointment as a 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. 4. The Secretary of State shall deposit the fees collected pursuant to paragraph (b) of subsection 1 in the Notary Public Training Account which is hereby created in the State General Fund. The Account must be administered by the Secretary of State. Any interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward. All claims against the Account must be paid as other claims against the State are paid. The money in the Account may be expended: (a) To pay for expenses related to providing courses of study for the mandatory training of notaries public, including, without limitation, the rental of rooms and other facilities, advertising, travel and the printing and preparation of course materials; or (b) For any other purpose authorized by the Legislature. 5. At the end of each fiscal year, the Secretary of State shall reconcile the amount of the fees collected pursuant to paragraph (b) of subsection 1 and the expenses related to administering the training of notaries public pursuant to this chapter and deposit any excess fees received with the State Treasurer for credit to the State General Fund. NRS 240.020 Powers limited to areas within this State; term of office. A person appointed as a notary public pursuant to this chapter may perform notarial acts in any part of this state for a term of 4 years, unless sooner removed. Such an appointment or registration as an electronic notary public pursuant to NRS 240.192 does not authorize the person to perform notarial acts in another state. NRS 240.030 Application for appointment; oath and bond; fingerprints; additional requirements for resident of adjoining state; commencement of term; fee for original, duplicate or amended certificate of appointment. 1. Each person applying for appointment as a notary public must: (a) At the time the applicant submits his or her application, pay to the Secretary of State $35. Revised 5/25/2022 -18- (b) Take and subscribe to the oath set forth in Section 2 of Article 15 of the Constitution of the State of Nevada as if the applicant were a public officer. (c) Submit to the Secretary of State proof satisfactory to the Secretary of State that the applicant has enrolled in and successfully completed a course of study provided pursuant to NRS 240.018. (d) Enter into a bond to the State of Nevada in the sum of $10,000, to be filed with the clerk of the county in which the applicant resides or, if the applicant is a resident of an adjoining state, with the clerk of the county in this State in which the applicant maintains a place of business or is employed. The applicant must submit to the Secretary of State a certificate issued by the appropriate county clerk which indicates that the applicant filed the bond required pursuant to this paragraph. (e) Submit to the Secretary of State a declaration under penalty of perjury stating that the applicant has not had an appointment as a notary public revoked or suspended in this State or any other state or territory of the United States. (f) If required by the Secretary of State, submit: (1) A complete set of the fingerprints of the applicant and written permission authorizing the Secretary of State to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and (2) A fee established by regulation of the Secretary of State which must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints. 2. In addition to the requirements set forth in subsection 1, an applicant for appointment as a notary public who resides in an adjoining state must submit to the Secretary of State with the application: (a) An affidavit setting forth the adjoining state in which the applicant resides, the applicant’s mailing address and the address of the applicant’s place of business or employment that is located within the State of Nevada; (b) A copy of the applicant’s state business license issued pursuant to chapter 76 of NRS and any business license required by the local government where the business is located, if the applicant is self-employed; and (c) Unless the applicant is self-employed, a copy of the state business license of the applicant’s employer, a copy of any business license of the applicant’s employer that is required by the local government where the business is located and an affidavit from the applicant’s employer setting forth the facts which show that the employer regularly employs the applicant at an office, business or facility which is located within the State of Nevada. 3. In completing an application, bond, oath or other document necessary to apply for appointment as a notary public, an applicant must not be required to disclose his or her residential address or telephone number on any such document which will become available to the public. 4. The bond, together with the oath, must be filed and recorded in the office of the county clerk of the county in which the applicant resides when the applicant applies for the appointment or, if the applicant is a resident of an adjoining state, with the clerk of the county in this State in which the applicant maintains a place of business or is employed. On a form provided by the Secretary of State, the county clerk shall immediately certify to the Secretary of State that the required bond and oath have been filed and recorded. Upon receipt of the application, fee and certification that the required bond and oath have been filed and recorded, the Secretary of State shall issue a certificate of appointment as a notary public to the applicant. Revised 5/25/2022 -19- 5. The term of a notary public commences on the effective date of the bond required pursuant to paragraph (d) of subsection 1. A notary public shall not perform a notarial act after the effective date of the bond unless the notary public has been issued a certificate of appointment. 6. Except as otherwise provided in this subsection, the Secretary of State shall charge a fee of $10 for each duplicate or amended certificate of appointment which is issued to a notary. If the notary public does not receive an original certificate of appointment, the Secretary of State shall provide a duplicate certificate of appointment without charge if the notary public requests such a duplicate within 60 days after the date on which the original certificate was issued. NRS 240.031 Annual submission of copy of business license by resident of adjoining state. A notary public who is a resident of an adjoining state shall submit to the Secretary of State annually, within 30 days before the anniversary date of his or her appointment as a notary public, a copy of the state business license of the place of employment of the notary public in the State of Nevada issued pursuant to chapter 76 of NRS, a copy of any license required by the local government where the business is located and the information required pursuant to subsection 2 of NRS 240.030. NRS 240.033 Requirements for bond; notification of exhaustion of penal sum; release of surety; suspension of appointment; reinstatement of appointment. 1. The bond required to be filed pursuant to NRS 240.030 must be executed by the person applying to become a notary public as principal and by a surety company qualified and authorized to do business in this State. The bond must be made payable to the State of Nevada and be conditioned to provide indemnification to a person determined to have suffered damage as a result of an act by the notary public which violates a provision of NRS 240.001 to 240.169, inclusive or, if applicable, an act by the electronic notary public which violates a provision of NRS 240.001 to 240.206, inclusive. The surety company shall pay a final, nonappealable judgment of a court of this State that has jurisdiction, upon receipt of written notice of final judgment. The bond may be continuous but, regardless of the duration of the bond, the aggregate liability of the surety does not exceed the penal sum of the bond. 2. If the penal sum of the bond is exhausted, the surety company shall notify the Secretary of State in writing within 30 days after its exhaustion. 3. The surety bond must cover the period of the appointment of the notary public, except when a surety is released. 4. A surety on a bond filed pursuant to NRS 240.030 may be released after the surety gives 30 days’ written notice to the Secretary of State and notary public, but the release does not discharge or otherwise affect a claim filed by a person for damage resulting from an act of the notary public which is alleged to have occurred while the bond was in effect. 5. The appointment of a notary public is suspended by operation of law when the notary public is no longer covered by a surety bond as required by this section and NRS 240.030 or the penal sum of the bond is exhausted. If the Secretary of State receives notice pursuant to subsection 4 that the bond will be released or pursuant to subsection 2 that the penal sum of the bond is exhausted, the Secretary of State shall immediately notify the notary public in writing that his or her appointment will be suspended by operation of law until another surety bond is filed in the same manner and amount as the bond being terminated. 6. The Secretary of State may reinstate the appointment of a notary public whose appointment has been suspended pursuant to subsection 5, if the notary public, before his or her Revised 5/25/2022 -20- current term of appointment expires: (a) Submits to the Secretary of State: (1) An application for an amended certificate of appointment as a notary public; and (2) A certificate issued by the clerk of the county in which the applicant resides or, if the applicant is a resident of an adjoining state, the county in this State in which the applicant maintains a place of business or is employed, which indicates that the applicant filed a new surety bond with the clerk. (b) Pays to the Secretary of State a fee of $10. NRS 240.036 Amended certificate of appointment: Required for certain changes in information; suspension for failure to obtain; fee; issuance. 1. If, at any time during his or her appointment, a notary public changes his or her mailing address, county of residence or signature or, if the notary public is a resident of an adjoining state, changes his or her place of business or employment, the notary public shall submit to the Secretary of State a request for an amended certificate of appointment on a form provided by the Secretary of State. The request must: (a) Include the new information; (b) Be submitted within 30 days after making that change; and (c) Be accompanied by a fee of $10. 2. The Secretary of State may suspend the appointment of a notary public who fails to provide to the Secretary of State notice of a change in any of the information specified in subsection 1. 3. If a notary public changes his or her name during his or her appointment and the notary public intends to use his or her new name in the performance of notarial duties, the notary public shall submit to the Secretary of State a request for an amended certificate of appointment on a form provided by the Secretary of State. The request must: (a) Include the new name and signature and the address of the notary public; (b) Be submitted within 30 days after making the change; and (c) Be accompanied by a fee of $10. 4. Upon receipt of a request for an amended certificate of appointment and the appropriate fee, the Secretary of State shall issue an amended certificate of appointment. 5. When the notary public receives the amended certificate of appointment, the notary public shall: (a) Destroy his or her notary’s stamp and obtain a new notary’s stamp which includes the information on the amended certificate. (b) Notify the surety company which issued his or her bond of the changes. NRS 240.040 Use of stamp; embossed notarial seal not required; requirements of stamp; storage of stamp. 1. The statement required by paragraph (d) of subsection 1 of NRS 240.1655 must: (a) Be imprinted in indelible, photographically reproducible ink with a rubber or other mechanical stamp; and (b) Set forth: (1) The name of the notary public; (2) The phrase “Notary Public, State of Nevada”; (3) The date on which the appointment of the notary public expires; Revised 5/25/2022 -21- (4) The number of the certificate of appointment of the notary public; (5) If the notary public so desires, the Great Seal of the State of Nevada; and (6) If the notary public is a resident of an adjoining state, the word “nonresident.” 2. After July 1, 1965, an embossed notarial seal is not required on notarized documents. 3. The stamp required pursuant to subsection 1 must: (a) Be a rectangle, not larger than 1 inch by 2 1/2 inches, and may contain a border design; and (b) Produce a legible imprint. 4. A notary public shall not affix his or her stamp over printed material. 5. A notary public shall keep his or her stamp in a secure location during any period in which the notary public is not using the stamp to perform a notarial act. 6. As used in this section, “mechanical stamp” includes an imprint made by a computer or other similar technology. NRS 240.045 Replacement of lost or inoperable stamp; prerequisite to production of stamp. 1. If the stamp of a notary public is lost, the notary public shall, within 10 days after the stamp is lost, submit to the Secretary of State a request for an amended certificate of appointment, on a form provided by the Secretary of State, and obtain a new stamp in accordance with NRS 240.036. The request must be accompanied by a fee of $10. 2. If the stamp is destroyed, broken, damaged or otherwise rendered inoperable, the notary public shall immediately notify the Secretary of State of that fact and obtain a new stamp. 3. A person or governmental entity shall not make, manufacture or otherwise produce a notary’s stamp unless the notary public presents his or her original or amended certificate of appointment or a certified copy of his or her original or amended certificate of appointment to that person or governmental entity. NRS 240.051 Actions required upon resignation or death of notary public. 1. If a notary public resigns or dies during his or her appointment, the notary public, or the executor of the estate of the notary public, as appropriate, shall: (a) Notify the Secretary of State of the resignation or death; and (b) Destroy the notary’s stamp. 2. Upon the receipt of the notice required by subsection 1, the Secretary of State shall cancel the appointment of the notary public, effective on the date on which the notice was received. NRS 240.060 Powers of notary public. A notary public may, during normal business hours, perform notarial acts in lawful transactions for a person who requests the act and tenders the appropriate fee. NRS 240.061 Performance of authorized notarial acts; restricted notarial acts. 1. A notarial officer may perform a notarial act authorized by NRS 240.001 to 240.169, inclusive, or by law of this State other than NRS 240.001 to 240.169, inclusive. 2. A notarial officer other than a notary public may not perform a notarial act with respect to a document to which the officer or the officer’s spouse or domestic partner is a party, or in which either of them has a direct beneficial interest. A notary public may not perform a notarial act if the notarial act is prohibited by NRS 240.001 to 240.169, inclusive. A notarial act performed in violation of this subsection is voidable. Revised 5/25/2022 -22- NRS 240.062 Personal knowledge of identity. For the purposes of NRS 240.001 to 240.169, inclusive, a notarial officer has personal knowledge of the identity of a person appearing before the officer if the person is personally known to the officer through dealings sufficient to provide reasonable certainty that the person has the identity claimed. NRS 240.063 Evidentiary effect of signature; limitations on evidentiary effect of certification of documents. 1. The signature of a notary public on a document shall be deemed to be evidence only that the notary public knows the contents of the document that constitute the signature, execution, acknowledgment, oath, affirmation or affidavit. 2. When a notary public certifies that a document is a certified or true copy of an original document, the certification shall not be deemed to be evidence that the notary public knows the contents of the document. NRS 240.065 Restrictions on powers of notary public; exception. 1. A notary public may not perform a notarial act if: (a) The notary public executed or is named in the instrument acknowledged, sworn to or witnessed or attested; (b) Except as otherwise provided in subsections 2 and 3, the notary public has or will receive directly from a transaction relating to the instrument or pleading a commission, fee, advantage, right, title, interest, property or other consideration in excess of the fee authorized pursuant to NRS 240.100 for the notarial act; (c) The notary public and the person whose signature is to be acknowledged, sworn to or witnessed or attested are domestic partners; or (d) The person whose signature is to be acknowledged, sworn to or witnessed or attested is a relative of the domestic partner of the notary public or a relative of the notary public by marriage or consanguinity. 2. A notary public who is an attorney licensed to practice law in this State may perform a notarial act on an instrument or pleading if the notary public has or will receive directly from a transaction relating to the instrument or pleading a fee for providing legal services in excess of the fee authorized pursuant to NRS 240.100 for the notarial act. 3. A notary public who is registered to engage in the business of a document preparation service may perform a notarial act on a document if the notary public has received or will receive directly from a transaction relating to the document a fee for providing document preparation services in addition to the fee authorized pursuant to NRS 240.100 for the notarial act. 4. 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 240.075 Prohibited acts. A notary public shall not: 1. Influence a person to enter or not enter into a lawful transaction involving a notarial act Revised 5/25/2022 -23- performed by the notary public. 2. Certify an instrument containing a statement known by the notary public to be false. 3. Perform any act as a notary public with intent to deceive or defraud, including, without limitation, altering the journal that the notary public is required to keep pursuant to NRS 240.120. 4. Endorse or promote any product, service or offering if his or her appointment as a notary public is used in the endorsement or promotional statement. 5. Certify photocopies of a certificate of birth, death or marriage or a divorce decree. 6. Allow any other person to use his or her notary’s stamp. 7. Allow any other person to sign the notary’s name in a notarial capacity. 8. Perform a notarial act on a document that contains only a signature. 9. Perform a notarial act on a document, including a form that requires the signer to provide information within blank spaces, unless the document has been filled out completely and has been signed. 10. Make or note a protest of a negotiable instrument unless the notary public is employed by a depository institution and the protest is made or noted within the scope of that employment. As used in this subsection, “depository institution” has the meaning ascribed to it in NRS 657.037. 11. Affix his or her stamp to any document which does not contain a notarial certificate. NRS 240.085 Advertisements in language other than English to contain notice if notary public is not an attorney; use of certain non-English terms in advertisements prohibited; penalties. 1. Every notary public who is not an attorney licensed to practice law in this State and who advertises his or her services as a notary public in a language other than English by any form of communication, except a single plaque on his or her desk, shall post or otherwise include with the advertisement a notice in the language in which the advertisement appears. The notice must be of a conspicuous size, if in writing, and must appear in substantially the following form: I AM NOT AN ATTORNEY IN THE STATE OF NEVADA. I AM NOT LICENSED TO GIVE LEGAL ADVICE. I MAY NOT ACCEPT FEES FOR GIVING LEGAL ADVICE. 2. A notary public who is not an attorney licensed to practice law in this State shall not use the term “notario,” “notario publico,” “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. 3. If the Secretary of State finds a notary public guilty of violating the provisions of subsection 1 or 2, the Secretary of State shall: (a) Suspend the appointment of the notary public for not less than 1 year. (b) Revoke the appointment of the notary public for a third or subsequent offense. (c) Assess a civil penalty of not more than $2,000 for each violation. 4. Unless a greater penalty is provided pursuant to NRS 240.175, a notary public who is found guilty in a criminal prosecution of violating subsection 1 or 2 shall be punished by a fine of not more than $2,000. 5. An employer of a notary public shall not: (a) Prohibit the notary public from meeting the requirements set forth in subsection 1; or (b) Advertise using the term “notario,” “notario publico,” “licenciado” 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. Revised 5/25/2022 -24- 6. If the Secretary of State finds the employer of a notary public guilty of violating a provision of subsection 5, the Secretary of State shall: (a) Notify the employer in writing of the violation and order the immediate removal of such language. (b) Assess a civil penalty of not more than $2,000 for each violation. 7. Unless a greater penalty is provided pursuant to NRS 240.175, the employer of a notary public who is found guilty in a criminal prosecution of violating a provision of subsection 5 shall be punished by a fine of not more than $2,000. 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. A notary public may charge an additional fee for traveling to perform a notarial act if: (a) The person requesting the notarial act asks the notary public to travel; (b) The notary public explains to the person requesting the notarial act that the fee is in addition to the fee authorized in subsection 1 and is not required by law; (c) The person requesting the notarial act agrees in advance upon the hourly rate that the notary public will charge for the additional fee; and (d) The additional fee does not exceed: (1) If the person requesting the notarial act asks the notary public to travel between the hours of 6 a.m. and 7 p.m., $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. The notary public may charge a minimum of 2 hours for such travel and shall charge on a pro rata basis after the first 2 hours. 4. A notary public is entitled to charge the amount of the additional fee agreed to in advance by the person requesting the notarial act pursuant to subsection 3 if: (a) The person requesting the notarial act cancels the request after the notary public begins his or her travel to perform the requested notarial act. (b) The notary public is unable to perform the requested notarial act as a result of the actions of the person who requested the notarial act or any other person who is necessary for the performance of the notarial act. 5. For each additional fee that a notary public charges for traveling to perform a notarial act pursuant to subsection 3, the notary public shall enter in the journal that he or she keeps pursuant to NRS 240.120: (a) The amount of the fee; and (b) The date and time that the notary public began and ended such travel. Revised 5/25/2022 -25- 6. A person who employs a notary public may prohibit the notary public from charging a fee for a notarial act that the notary public performs within the scope of the employment. Such a person shall not require the notary public whom the person employs to surrender to the person all or part of a fee charged by the notary public for a notarial act performed outside the scope of the employment of the notary public. NRS 240.110 Posting of table of fees. If a notary public charges fees for performing notarial acts, the notary public shall publish and set up in some conspicuous place in his or her office a table of those fees, according to this chapter, for the inspection of all persons who have business in his or her office. The schedule must not be printed in smaller than 1/2-inch type. A notary public shall not charge fees unless the notary public has published and set up a table of fees in accordance with this subsection. NRS 240.120 Journal of notarial acts: Duty to maintain; contents; verification based upon credible witness; copy of entry; storage; period of retention; report of loss or theft; exceptions. 1. Except as otherwise provided in subsection 2, each notary public shall keep a journal in his or her office in which the notary public shall enter for each notarial act performed, at the time the act is performed: (a) The fees charged, if any; (b) The title of the document; (c) The date on which the notary public performed the act; (d) Except as otherwise provided in subsection 3, the name and signature of the person whose signature is being notarized; (e) Subject to the provisions of subsection 4, a description of the evidence used by the notary public to verify the identification of the person whose signature is being notarized; (f) An indication of whether the notary public administered an oath; and (g) The type of certificate used to evidence the notarial act, as required pursuant to NRS 240.1655. 2. A notary public may make one entry in the journal which documents more than one notarial act if the notarial acts documented are performed: (a) For the same person and at the same time; and (b) On one document or on similar documents. 3. When performing a notarial act for a person, a notary public need not require the person to sign the journal if: (a) The notary public has performed a notarial act for the person within the previous 6 months; (b) The notary public has personal knowledge of the identity of the person; and (c) The person is an employer or coworker of the notary public and the notarial act relates to a transaction performed in the ordinary course of the person’s business. 4. If, pursuant to subsection 3, a notary public does not require a person to sign the journal, the notary public shall enter “known personally” as the description required to be entered into the journal pursuant to paragraph (e) of subsection 1. 5. If the notary verifies the identification of the person whose signature is being notarized on the basis of a credible witness, the notary public shall: (a) Require the witness to sign the journal in the space provided for the description of the Revised 5/25/2022 -26- evidence used; and (b) Make a notation in the journal that the witness is a credible witness. 6. The journal must: (a) Be open to public inspection. (b) Be in a bound volume with preprinted page numbers. 7. A notary public shall, upon request and payment of the fee set forth in NRS 240.100, provide a certified copy of an entry in his or her journal. 8. A notary public shall keep his or her journal in a secure location during any period in which the notary public is not making an entry or notation in the journal pursuant to this section. 9. A notary public shall retain each journal that the notary public has kept pursuant to this section until 7 years after the date on which he or she ceases to be a notary public. 10. A notary public shall file a report with the Secretary of State and the appropriate law enforcement agency if the journal of the notary public is lost or stolen. 11. The provisions of this section do not apply to a person who is authorized to perform a notarial act pursuant to paragraph (b), (c), (d) or (e) of subsection 1 of NRS 240.1635. NRS 240.130 Only authorized fees to be charged. A notary public shall not charge a fee to perform a service unless the notary public is authorized to charge a fee for such a service pursuant to this chapter. NRS 240.143 Unlawful possession of certain personal property of notary public. 1. The following items are the personal property of a notary public: (a) His or her official stamp; (b) His or her journal; and (c) His or her certificate of appointment. 2. It is unlawful for a person who comes into possession of the official stamp, journal or certificate of appointment of a notary public to withhold such an item from the notary public, whether or not the person provided the notary public with the money to acquire the item. NRS 240.145 Unlawful reproduction or use of completed notarial certificate; penalty. 1. It is unlawful for any person to: (a) Photocopy or otherwise reproduce a completed notarial certificate with a notary’s statement and signature if that certificate is reproduced for use in a mailing to endorse, promote or sell any product, service or offering; or (b) Include a photocopy or other reproduction of a completed notarial certificate with a notary’s statement and signature in a mailing to endorse, promote or sell any product, service or offering. 2. Unless a greater penalty is provided pursuant to NRS 240.175, any person who violates any of the provisions of subsection 1 is guilty of a gross misdemeanor. NRS 240.147 Unlawful destruction, defacement or concealment of notarial record. It is unlawful for a person to knowingly destroy, deface or conceal a notarial record. NRS 240.150 Liability for misconduct or neglect; liability of employer; penalties for willful violation or neglect of duty; procedure upon revocation or suspension. 1. For misconduct or neglect in a case in which a notary public appointed pursuant to the Revised 5/25/2022 -27- authority of this State may act, either by the law of this State or of another state, territory or country, or by the law of nations, or by commercial usage, the notary public is liable on his or her official bond to the parties injured thereby, for all the damages sustained. 2. The employer of a notary public may be assessed a civil penalty by the Secretary of State of not more than $2,000 for each violation specified in subsection 4 committed by the notary public, and the employer is liable for any damages proximately caused by the misconduct of the notary public, if: (a) The notary public was acting within the scope of his or her employment at the time the notary public engaged in the misconduct; and (b) The employer of the notary public consented to the misconduct of the notary public. 3. The Secretary of State may refuse to appoint or may suspend or revoke the appointment of a notary public who fails to provide to the Secretary of State, within a reasonable time, information that the Secretary of State requests from the notary public in connection with a complaint which alleges a violation of this chapter. 4. Except as otherwise provided in this chapter, for any willful violation or neglect of duty or other violation of this chapter, or upon proof that a notary public has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a crime described in paragraph (c) of subsection 2 of NRS 240.010: (a) The appointment of the notary public may be suspended for a period determined by the Secretary of State, but not exceeding the time remaining on the appointment; (b) The appointment of the notary public may be revoked after a hearing; or (c) The notary public may be assessed a civil penalty of not more than $2,000 for each violation. 5. If the Secretary of State revokes or suspends the appointment of a notary public pursuant to this section, the Secretary of State shall: (a) Notify the notary public in writing of the revocation or suspension; (b) Cause notice of the revocation or suspension to be published on the website of the Secretary of State; and (c) If a county clerk has issued a certificate of permission to perform marriages to the notary public pursuant to NRS 122.064, notify the county clerk of the revocation or suspension. 6. Except as otherwise provided by law, the Secretary of State may assess the civil penalty that is authorized pursuant to this section upon a notary public whose appointment has expired if the notary public committed the violation that justifies the civil penalty before his or her appointment expired. 7. The appointment of a notary public may be suspended or revoked by the Secretary of State pending a hearing if the Secretary of State believes it is in the public interest or is necessary to protect the public. NRS 240.155 Notarization of signature of person not in presence of notary public unlawful; penalty. 1. A notary public who is appointed pursuant to this chapter shall not willfully notarize the signature of a person unless the person is in the presence of the notary public and: (a) Is known to the notary public; or (b) If unknown to the notary public, provides a credible witness or documentary evidence of identification to the notary public. 2. Unless a greater penalty is provided pursuant to NRS 240.175, a person who: Revised 5/25/2022 -28- (a) Violates the provisions of subsection 1; or (b) Aids and abets a notary public to commit a violation of subsection 1, is guilty of a gross misdemeanor. UNIFORM LAW ON NOTARIAL ACTS NRS 240.161 Short title; uniformity of application and construction. 1. NRS 240.161 to 240.169, inclusive, may be cited as the Uniform Law on Notarial Acts. 2. These sections must be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of these sections among states enacting them. NRS 240.1635 Notarial acts in this State. 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 240.164 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. NRS 240.1645 Notarial acts under federal authority. 1. A notarial act has the same effect under the law of this State as if performed by a notarial officer of this State if performed anywhere by any of the following persons under authority granted by the law of the United States: (a) A judge, clerk or deputy clerk of a court; (b) A commissioned officer on active duty in the military service of the United States; (c) An officer of the foreign service or consular officer of the United States; or (d) Any other person authorized by federal law to perform notarial acts. Revised 5/25/2022 -29- 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 240.165 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. 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 Revised 5/25/2022 -30- 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. Revised 5/25/2022 -31- 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. NRS 240.1657 Authentication of signature of notarial officer by Secretary of State; limitation on actions brought against Secretary of State; prohibited acts; penalties; regulations. 1. Except as otherwise provided in subsection 2, the Secretary of State shall, upon request and payment of a fee of $20, issue an authentication to verify that the signature of the notarial officer on a document intended for use in a foreign country is genuine and that the notarial officer holds the office indicated on the document. If the document: (a) Is intended for use in a foreign country that is a participant in the Hague Convention of October 5, 1961, the Secretary of State must issue an apostille in the form prescribed by the Hague Convention of October 5, 1961. (b) Is intended for use in a foreign country that is not a participant in the Hague Convention of October 5, 1961, the Secretary of State must issue a certification. 2. The Secretary of State shall not issue an authentication pursuant to subsection 1 if: (a) The document has not been notarized in accordance with the provisions of this chapter; (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. 3. No civil action may be brought against the Secretary of State on the basis that: (a) The Secretary of State has issued an authentication pursuant to subsection 1; and (b) The document has been used to: (1) Harass a person; or (2) Accomplish any fraudulent, criminal or other unlawful purpose. 4. A person who uses a document for which an authentication has been issued pursuant to subsection 1 to: (a) Harass a person; or (b) Accomplish any fraudulent, criminal or other unlawful purpose, is guilty of a category C felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years, and may be further punished by a fine of not more than $5,000. 5. The Secretary of State may adopt regulations to carry out the provisions of this section. NRS 240.166 Short form for acknowledgment in individual capacity. Upon compliance with Revised 5/25/2022 -32- 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)) 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)) 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) Revised 5/25/2022 -33- (Seal, if any) ....................................................................... (Title and rank (optional)) 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)) 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)) 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)) NRS 240.1685 Short form for jurat of subscribing witness. Upon compliance with the Revised 5/25/2022 -34- 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)) 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)) PENALTIES NRS 240.175 Criminal penalties. A person who willfully violates a provision of NRS 240.001 to 240.169, inclusive, or a regulation or order adopted or issued pursuant thereto is guilty of a category D felony and shall be punished as provided in NRS 193.130 if the offense results in irreparable harm to a person.