NRS 240.166  Short form for acknowledgment in individual capacity.  Upon compliance with the requirements of NRS 240.1655, the following certificate is sufficient for an acknowledgment in an individual capacity: State of Nevada County of................................ This instrument was acknowledged before me on …….(date)……. by …….(name(s) of person(s))…….. ....................................................................... (Signature of notarial officer) (Seal, if any) ....................................................................... (Title and rank (optional)) (Added to NRS by 1993, 202; A 1995, 196; 2001, 655; 2003, 610) NRS 240.1663  Short form for administering oath or affirmation of office.  Upon compliance with the requirements of NRS 240.1655, the following certificate is sufficient for administering an oath or affirmation of office: State of Nevada County of................................ I, …….(name of person taking oath or affirmation of office)......., do solemnly swear (or affirm) that I will support, protect and defend the Constitution and Government of the United States and the Constitution and Government of the State of Nevada against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any state notwithstanding, and that I will well and faithfully perform all the duties of the office of .......(title of office)......., on which I am about to enter; (if an oath) so help me God; (if an affirmation) under the pains and penalties of perjury. ....................................................................... (Signature of person taking oath or affirmation of office) Signed and sworn to (or affirmed) before me on .......(date)....... by .......(name of person taking oath or affirmation of office)........ ....................................................................... (Signature of notarial officer) (Seal, if any) ....................................................................... (Title and rank (optional)) (Added to NRS by 2001, 651; A 2003, 610) NRS 240.1665  Short form for acknowledgment in representative capacity.  Upon compliance with the requirements of NRS 240.1655, the following certificate is sufficient for an acknowledgment in a representative capacity: State of Nevada County of................................ This instrument was acknowledged before me on .......(date)....... by .......(name(s) of person(s))....... as .......(type of authority, e.g., officer, trustee, etc.)....... of .......(name of party on behalf of whom instrument was executed)........ ....................................................................... (Signature of notarial officer) (Seal, if any) ....................................................................... (Title and rank (optional)) (Added to NRS by 1993, 203; A 1995, 196; 2001, 656; 2003, 611) NRS 240.1667  Short form for acknowledgment containing power of attorney.  Upon compliance with the requirements of NRS 240.1655, the following certificate is sufficient for an acknowledgment that contains a power of attorney: State of Nevada County of ............................... This instrument was acknowledged before me on .......(date)....... by .......(name of person holding power of attorney)....... as attorney-in-fact for .......(name of principal/person whose name is in the document)........ ....................................................................... (Signature of notarial officer) (Seal, if any) ....................................................................... (Title and rank (optional)) (Added to NRS by 1997, 929; A 2001, 656; 2003, 611) NRS 240.167  Short form for execution of jurat.  Upon compliance with the requirements of NRS 240.1655, the following certificate is sufficient for executing a jurat: State of Nevada County of................................ Signed and sworn to (or affirmed) before me on .......(date)....... by .......(name(s) of person(s) making statement)........ ....................................................................... (Signature of notarial officer) (Seal, if any) ....................................................................... (Title and rank (optional)) (Added to NRS by 1993, 203; A 1995, 196; 2001, 657; 2003, 611) NRS 240.168  Short form for certifying copy of document.  Upon compliance with the requirements of NRS 240.1655, the following certificate is sufficient for certifying a copy of a document: State of Nevada County of................................ I certify that this is a true and correct copy of a document in the possession of .......(name of person who presents the document)........ Dated................................. ....................................................................... (Signature of notarial officer) (Seal, if any) ....................................................................... (Title and rank (optional)) (Added to NRS by 1993, 203; A 1995, 197; 1997, 940; 2001, 657; 2003, 612) NRS 240.1685  Short form for jurat of subscribing witness.  Upon compliance with the requirements of NRS 240.1655, the following certificate is sufficient for a jurat of a subscribing witness: State of Nevada County of................................ On .......(date)......., .......(subscribing witness)....... personally appeared before me, whom I know to be the person who signed this jurat of a subscribing witness while under oath, and swears that he or she was present and witnessed .......(signer of the document)....... sign his or her name to the above document. ....................................................................... (Signature of subscribing witness) Signed and sworn before me on .......(date)....... by .......(subscribing witness)........ ....................................................................... (Signature of notarial officer) (Seal, if any) ....................................................................... (Title and rank (optional)) (Added to NRS by 1995, 190; A 2003, 612) NRS 240.169  Short form for acknowledgment of credible witness.  Upon compliance with the requirements of NRS 240.1655, the following certificate is sufficient for an acknowledgment of a credible witness: State of Nevada County of................................ This instrument was acknowledged before me on .......(date)....... by .......(name of person)....... who personally appeared before me and whose identity I verified upon the oath of .......(name of credible witness)......., a credible witness personally known to me and to the person who acknowledged this instrument before me. ....................................................................... (Signature of notarial officer) (Seal, if any) ....................................................................... (Title and rank (optional)) (Added to NRS by 1995, 190; A 1997, 940; 2003, 613) The following format and wording is sufficient for a Translator's Acknowledgment: I [TRANSLATOR'S NAME] certify that I am fluent in English and (translated language on document) that I am competent to perform the translation and that the above translation is the complete and accurate translation of the document entitled (document title). Signature of Translator _______________________________ State of Nevada County of ________________ This instrument was acknowledged before me on ____[DATE]___ by ________[NAME OF TRANSLATOR]_______. ________________________ (Notary stamp) (Signature of notarial officer) NRS 240.19902  Short form for certifying copy of electronic document.  Upon compliance with the requirements of NRS 240.199, the following certificate is sufficient for certifying that a paper document is a true and correct copy of an electronic document: State of Nevada County of................................ I certify that this is a true and correct copy of an electronic document printed by me or under my supervision. I further certify that, at the time of printing, no security features present on the electronic document indicated any changes or errors in an electronic signature or other information in the electronic document since its creation or execution. Dated................................. ..................................................... (Signature of notarial officer) (Seal, if any) ..................................................... (Title and rank (optional)) (Added to NRS by 2021, 1163) NAC 240.340 Person physically unable to sign document who directs another person to sign required to appear before notarial officer with such other person at time of signing; short form for acknowledgment. (NRS 240.017) The following certificate is sufficient for an acknowledgment by a person who is physically unable to sign a document and directs another person to sign the person’s name on the document pursuant to NRS 240.1655: State of Nevada County of.......... This instrument was acknowledged before me on..........(date) by..........(name of person physically unable to sign the document) who directed that his or her signature be affixed to the above instrument by..........(name of person directed to sign the document). ....................................................................... (Signature of notarial officer) (Seal, if any) ....................................................................... (Title and rank (optional))

Electronic Notarization Enabling Act NRS 240.181 Short title. NRS 240.181 to 240.206, inclusive, may be cited as the Electronic Notarization Enabling Act. (Added to NRS by 2009, 3018; A 2017, 3447; 2021, 1163) NRS 240.182 Definitions. As used in NRS 240.181 to 240.206, inclusive, unless the context otherwise requires, the words and terms defined in NRS 240.1821 to 240.1882, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2009, 3018; A 2017, 3448; 2021, 1163) NRS 240.1821 “Audio-video communication” defined. “Audio-video communication” means communication by which a person is able to see, hear and communicate with another person in real time using electronic means. (Added to NRS by 2017, 3444) NRS 240.1823 “Credential” defined. “Credential” means a tangible record evidencing the identity of a person. (Added to NRS by 2017, 3444) NRS 240.1825 “Dynamic knowledge-based authentication assessment” defined. “Dynamic knowledge-based authentication assessment” means an identity assessment that is based on a set of questions formulated from public or private data sources for which the person taking the assessment has not previously provided an answer and that meets any rules or regulations adopted by the Secretary of State. (Added to NRS by 2017, 3444) NRS 240.183 “Electronic” defined. “Electronic” means of or relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. (Added to NRS by 2009, 3018; A 2017, 3445) NRS 240.184 “Electronic document” defined. “Electronic document” means a document that is created, generated, sent, communicated, received or stored by electronic means. (Added to NRS by 2009, 3018) NRS 240.185 “Electronic notarial act” defined. “Electronic notarial act” means an act that an electronic notary public of this State is authorized to perform. The term includes: 1. Taking an acknowledgment; 2. Administering an oath or affirmation; 3. Executing a jurat; 4. Certifying a true and correct copy; and 5. Performing such other duties as may be prescribed by a specific statute. (Added to NRS by 2009, 3018; A 2017, 81, 3448) NRS 240.186 “Electronic notary public” defined. “Electronic notary public” means a person registered with the Secretary of State pursuant to NRS 240.181 to 240.206, inclusive, to perform electronic notarial acts. 1 (Added to NRS by 2009, 3018; A 2017, 3448) NRS 240.187 “Electronic seal” defined. “Electronic seal” means information within a notarized electronic document that includes the name, jurisdiction and expiration date of the registration of an electronic notary public and generally includes the information required to be set forth in a mechanical stamp pursuant to NRS 240.040. (Added to NRS by 2009, 3018; A 2017, 3448) NRS 240.188 “Electronic signature” defined. “Electronic signature” means an electronic symbol or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the electronic document. (Added to NRS by 2009, 3018) NRS 240.1882 “In the presence of” or “appear before” defined. “In the presence of” or “appear before” means being: 1. In the same physical location as another person and close enough to see, hear, communicate with and exchange credentials with that person; or 2. In a different physical location from another person but able to see, hear and communicate with the person by means of audio-video communication that meets any rules or regulations adopted by the Secretary of State. (Added to NRS by 2017, 3445) NRS 240.189 Applicability. An electronic notary public shall comply with those provisions of NRS 240.001 to 240.169, inclusive, which are not inconsistent with NRS 240.181 to 240.206, inclusive. To the extent that the provisions of NRS 240.001 to 240.169, inclusive, conflict with the provisions of NRS 240.181 to 240.206, inclusive, the provisions of NRS 240.181 to 240.206, inclusive, control. (Added to NRS by 2009, 3026; A 2017, 3448; 2021, 1163) NRS 240.191 Unlawful acts; injunctive relief. 1. It is unlawful for a person to: (a) Represent himself or herself as an electronic notary public if the person has not registered with the Secretary of State pursuant to NRS 240.192. (b) Submit a registration as an electronic notary public that contains a substantial and material misstatement or omission of fact. 2. The Secretary of State may request that the Attorney General bring an action to enjoin any violation of paragraph (a) of subsection 1. (Added to NRS by 2009, 3018; A 2017, 3448) NRS 240.192 Registration; oath and bond; fee; electronic notary public. 1. Except as otherwise provided in subsection 5, each person registering as an electronic notary public must: (a) At the time of registration, be a notarial officer in this State who has complied with the requirements pertaining to taking an oath and filing a bond set forth in NRS 240.030 and 240.033 and have complied with all applicable notarial requirements set forth in this chapter; (b) Register with the Secretary of State by submitting an electronic registration pursuant to subsection 2; (c) Pay to the Secretary of State a registration fee of $50, which is in addition to the application fee required pursuant to NRS 240.030 to be a notarial officer in this State; and (d) Submit to the Secretary of State with the registration proof satisfactory to the Secretary of State that the registrant has: (1) Successfully completed any required course of study on electronic notarization provided pursuant to NRS 240.195; and (2) Complied with the requirements pertaining to taking an oath and filing a bond set forth in NRS 240.030 and 240.033. 2. Unless the Secretary of State establishes a different process for submitting a registration as an electronic notary public, the registration as an electronic notary public must be submitted as an electronic document by electronic mail to nvnotary@sos.nv.gov or, if another electronic mail address is designated by the Secretary of State, to such other designated electronic mail address, and must contain, without limitation, the following information: (a) All information required to be included in an application for appointment as a notary public pursuant to NRS 240.030. (b) A description of the technology or device that the registrant intends to use to create his or her electronic signature in performing electronic notarial acts. (c) The electronic signature of the registrant. 2 (d) Any other information required pursuant to any rules or regulations adopted by the Secretary of State. 3. Unless the Secretary of State establishes a different process for the payment of the registration fee required pursuant to paragraph (c) of subsection 1, the registration fee must be paid by check or draft, made payable to the Secretary of State and transmitted to the Office of the Secretary of State. 4. Except as otherwise provided in subsection 5, registration as an electronic notary public shall be deemed effective upon the payment of the registration fee required pursuant to paragraph (c) of subsection 1 if the registrant has satisfied all other applicable requirements. 5. The Secretary of State may establish a process for a person to simultaneously apply for appointment as a notary public and register as an electronic notary public. If the Secretary of State establishes such a process, registration as an electronic notary public shall be deemed effective upon the person complying with: (a) The requirements pertaining to taking an oath and filing a bond set forth in NRS 240.030 and 240.033 and with all other applicable notarial requirements set forth in this chapter; and (b) The requirements set forth in this section to register as an electronic notary. (Added to NRS by 2009, 3019; A 2017, 81, 3449, 3457; 2019, 29) NRS 240.194 Period of registration; suspension of registration by operation of law; changes of information. 1. The period of registration of an electronic notary public is coterminous with his or her term of appointment as a notary public pursuant to NRS 240.010. Registration as an electronic notary public must be renewed at the same time a person renews his or her appointment as a notary public. 2. The registration of an electronic notary public is suspended by operation of law when the electronic notary public is no longer appointed as a notary public in this State. If the registration of an electronic notary public has expired or been revoked or suspended, the Secretary of State shall immediately notify the electronic notary public in writing that his or her registration as an electronic notary public will be suspended by operation of law until he or she is appointed as a notary public in this State. 3. If, at any time, a registered electronic notary public changes his or her electronic mail address, county of residence, name, electronic signature or the technology or device used to create his or her electronic signature, the electronic notary public shall, within 10 days after making the change, submit to the Secretary of State: (a) An electronic document, signed with the electronic signature submitted by the electronic notary public pursuant to subsection 2 of NRS 240.192, that includes the change of information; and (b) A fee of $10. (Added to NRS by 2009, 3021; A 2017, 83, 3451, 3457) NRS 240.1943 Course of study for registration. 1. Except as otherwise provided in this section, a notary public who registers with the Secretary of State as an electronic notary public pursuant to NRS 240.192 for the first time must successfully complete any required course of study on electronic notarization required pursuant to NRS 240.195 before filing such registration with the Secretary of State. 2. A notary public may register with the Secretary of State as an electronic notary public pursuant to NRS 240.192 and thereafter perform the functions of an electronic notary public pursuant to this chapter without completing any course of study on electronic notarization required pursuant to NRS 240.195 if, at the time of registration, the course of study is not yet offered by the Secretary of State or a vendor approved by the Secretary of State. 3. If a notary public registers and performs the functions of an electronic notary public without first completing any required course of study on electronic notarization pursuant to subsection 2, he or she must complete the required course of study and pass any required examination within 120 days after the course of study is first offered by the Secretary of State or a vendor approved by the Secretary of State. The registrant shall thereafter complete any required course of study in accordance with paragraph (b) or (c) of subsection 3 of NRS 240.195, as applicable. (Added to NRS by 2017, 3447) NRS 240.195 Courses of study required; persons required to successfully complete course of study; fees; regulations. 1. In addition to any courses of study a notary public is required to complete pursuant to NRS 240.018, the Secretary of State may, by rule or regulation, require a notary public who registers with the Secretary of State as an electronic notary public pursuant to NRS 240.192 to complete an additional course of study on electronic notarization in accordance with this section. 2. Except as otherwise provided in subsection 3, a registrant as an electronic notary public must successfully: (a) Complete any course of study on electronic notarization that is required pursuant to subsection 1 in accordance with the requirements of subsection 6; and (b) Pass an examination at the completion of the course. 3 3. The following persons are required to enroll in and successfully complete any course of study on electronic notarization that is required pursuant to subsection 1: (a) A person registering for the first time as an electronic notary public; (b) A person renewing his or her registration as an electronic notary public; and (c) A person who has committed a violation of this chapter or whose registration as an electronic notary public has been suspended, and who has been required by the Secretary of State to enroll in a course of study provided pursuant to this section. 4. A course of study required to be completed pursuant to subsection 1 must: (a) Be taken online and be of a duration of not more than 3 hours, including instruction and completion of an examination of the course content; (b) Provide instruction in electronic notarization, including, without limitation, notarial law and ethics, technology and procedures; (c) Comply with any regulations adopted pursuant to NRS 240.206 relating to courses of study on electronic notarization; and (d) Be approved by the Secretary of State. 5. The Secretary of State may, with respect to a course of study required to be completed pursuant to subsection 1, charge a reasonable fee to each person who enrolls in such a course of study. 6. A course of study provided pursuant to this section: (a) Must satisfy the criteria set forth in subsection 4 and comply with any requirements set forth in the regulations adopted pursuant to NRS 240.206 relating to courses of study on electronic notarization. (b) May be provided by the Secretary of State or a vendor approved by the Secretary of State. 7. The Secretary of State shall deposit the fees collected pursuant to subsection 5 in the Notary Public Training Account created pursuant to NRS 240.018. (Added to NRS by 2009, 3022; A 2015, 934; 2017, 84, 3451, 3457) NRS 240.196 Powers of electronic notary public. A person registered as an electronic notary public pursuant to NRS 240.181 to 240.206, inclusive, may perform the following electronic notarial acts for a person who requests the electronic notarial act and tenders any authorized fee: 1. Taking an acknowledgment; 2. Executing a jurat; 3. Administering an oath or affirmation; 4. Certifying a true and correct copy; and 5. Performing such other duties as prescribed by law. (Added to NRS by 2009, 3022; A 2017, 84, 3452) NRS 240.197 Fees for services; additional fees for travel expenses; electronic notarial acts performed within and outside scope of employment; exceptions. 1. Except as otherwise provided in this section: (a) An electronic notary public may charge the following fees: (1) For taking an acknowledgment, for each signature................................... $25 (2) For executing a jurat, for each signature..................................................... $25 (3) For administering an oath or affirmation.................................................... $25 (b) An electronic notary public shall not charge a fee to perform an electronic notarial act unless he or she is authorized to charge a fee for such an electronic notarial act pursuant to this section. (c) All fees prescribed in this section are payable in advance, if demanded. (d) An electronic notary public may charge an additional fee for traveling to perform an electronic notarial act if: (1) The person requesting the electronic notarial act asks the electronic notary public to travel; (2) The electronic notary public explains to the person requesting the electronic notarial act that the fee for travel is in addition to the fee authorized in paragraph (a) and is not required by law; (3) The person requesting the electronic notarial act agrees in advance upon the hourly rate that the electronic notary public will charge for the additional fee for travel; and (4) The additional fee for travel does not exceed: (I) If the person requesting the electronic notarial act asks the electronic notary public to travel between the hours of 6 a.m. and 7 p.m., $10 per hour. (II) If the person requesting the electronic notarial act asks the electronic notary public to travel between the hours of 7 p.m. and 6 a.m., $25 per hour. Ê The electronic notary public may charge a minimum of 2 hours for such travel and shall charge on a pro rata basis after the first 2 hours. (e) An electronic notary public is entitled to charge the amount of the additional fee for travel agreed to in advance by the person requesting the electronic notarial act pursuant to paragraph (d) if: 4 (1) The person requesting the electronic notarial act cancels the request after the electronic notary public begins traveling to perform the requested electronic notarial act. (2) The electronic notary public is unable to perform the requested electronic notarial act as a result of the actions of the person who requested the electronic notarial act or any other person who is necessary for the performance of the electronic notarial act. (f) For each additional fee for travel that an electronic notary public charges pursuant to paragraph (d), the electronic notary public shall enter in the electronic journal that he or she keeps pursuant to NRS 240.201: (1) The amount of the fee; and (2) The date and time that the electronic notary public began and ended such travel. (g) An electronic notary public may charge a reasonable fee to recover any cost of providing a copy of an entry or a recording of an audio-video communication in an electronic journal maintained pursuant to NRS 240.201. 2. A person who employs an electronic notary public may prohibit the electronic notary public from charging a fee for an electronic notarial act that the electronic notary public performs within the scope of the employment. Such a person shall not require the electronic notary public whom the person employs to surrender to the person all or part of a fee charged by the electronic notary public for an electronic notarial act performed outside the scope of the employment of the electronic notary public. 3. An electronic notary public who is an officer or employee of the State or a local government shall not charge a fee for an electronic notarial act that the electronic notary public performs within the scope of such employment. 4. This section does not apply to any compensation for services provided by an electronic notary public which do not constitute electronic notarial acts or comply with the other requirements of this chapter. (Added to NRS by 2009, 3022; A 2017, 3452; 2019, 30) NRS 240.198 Notarization of signature of person not in presence of notary public unlawful; penalty; powers limited to areas within this State; certain notarial acts deemed performed within this State. Except as otherwise specifically provided by law: 1. An electronic notary public shall not willfully electronically notarize the signature or electronic signature of a person unless the person is in the presence of the electronic notary public at the time of notarization and: (a) Is known to the electronic notary public; or (b) If unknown to the electronic notary public, provides a credible witness or documentary evidence of identification to the electronic notary public. 2. A person who: (a) Violates the provisions of subsection 1; or (b) Aids and abets an electronic notary public to commit a violation of subsection 1, Ê is guilty of a gross misdemeanor. 3. Registration as an electronic notary public pursuant to NRS 240.181 to 240.206, inclusive, does not authorize the electronic notary public to perform notarial acts in another state. 4. A notarial act performed by an electronic notary public in this State for a person located outside this State by means of audio-video communication in accordance with the provisions of this chapter shall not be deemed to be performed outside this State. (Added to NRS by 2009, 3023; A 2017, 3454) NRS 240.199 Evidence of electronic notarial act; electronic document to be tamper-evident. 1. An electronic notarial act must be evidenced by the following, which must be attached to or logically associated with the electronic document that is the subject of the electronic notarial act and which must be immediately perceptible and reproducible: (a) The electronic signature of the electronic notary public; (b) The electronic seal of the electronic notary public; and (c) The wording of a notarial certificate pursuant to NRS 240.1655, 240.166 to 240.167, inclusive, 240.1685 or 240.169, including, without limitation, language explicitly stating that the notarial act was performed using audio-video communication, if applicable. 2. Upon the completion of an electronic notarial act in accordance with subsection 1, an electronic notary public shall use technology to render the electronic document tamper-evident. (Added to NRS by 2009, 3024; A 2017, 3454) NRS 240.19902 Short form for certifying copy of electronic document. Upon compliance with the requirements of NRS 240.199, the following certificate is sufficient for certifying that a paper document is a true and correct copy of an electronic document: State of Nevada County of................................ 5 I certify that this is a true and correct copy of an electronic document printed by me or under my supervision. I further certify that, at the time of printing, no security features present on the electronic document indicated any changes or errors in an electronic signature or other information in the electronic document since its creation or execution. Dated................................. ..................................................... (Signature of notarial officer) (Seal, if any) ..................................................... (Title and rank (optional)) (Added to NRS by 2021, 1163) NRS 240.1991 Requirements for use of audio-video communication: Technology. 1. An electronic notary public may perform any of the acts set forth in NRS 240.196 using audio-video communication in accordance with NRS 240.181 to 240.206, inclusive, and any rules or regulations adopted by the Secretary of State. 2. Before an electronic notary public performs electronic notarial acts using audio-video communication, he or she must register with the Secretary of State pursuant to NRS 240.192 and identify the technology that the electronic notary public intends to use, which must conform to any rules or regulations adopted by the Secretary of State. 3. If an electronic notarial act is performed using audio-video communication: (a) The technology used must allow the persons communicating to see and speak to each other simultaneously; (b) The signal transmission must be in real time; and (c) The electronic notarial act must be recorded in accordance with NRS 240.1995. (Added to NRS by 2017, 3445) NRS 240.1993 Requirements for use of audio-video communication: Location. 1. An electronic notary public may perform an electronic notarial act using audio-video communication in accordance with NRS 240.181 to 240.206, inclusive, and any rules or regulations adopted by the Secretary of State for a person who is physically located: (a) In this State; (b) Outside this State but within the United States; or (c) Outside the United States if: (1) The electronic notary public has no actual knowledge of the electronic notarial act being prohibited in the jurisdiction in which the person is physically located; and (2) The person placing his or her electronic signature on the electronic document confirms to the electronic notary public that the requested electronic notarial act and the electronic document: (I) Are part of or pertain to a matter that is to be filed with or is currently before a court, governmental entity or other entity in the United States; (II) Relate to property located in the United States; or (III) Relate to a transaction substantially connected to the United States. 2. An electronic notary public who is registered with the Secretary of State pursuant to NRS 240.192 may perform an electronic notarial act using audio-video communication in accordance with NRS 240.181 to 240.206, inclusive, and any rules or regulations adopted by the Secretary of State if the electronic notary public is physically present in this State at the time of performing the electronic notarial act, regardless of whether the person who placed the electronic signature on the electronic document is physically located in another jurisdiction at the time of the electronic notarial act. The validity of the notarial act will be determined by applying the laws of this State. (Added to NRS by 2017, 3445) NRS 240.1995 Duty to record electronic notarial acts performed using audio-video communication; identification by personal knowledge or credible witness; period of retention. 1. An electronic notary public shall arrange for a recording to be made of each electronic notarial act performed using audio-video communication. Before performing any electronic notarial act using audio-video communication, the electronic notary public must inform all participating persons that the electronic notarization will be electronically recorded. 2. If the person for whom the electronic notarial act is being performed is identified by personal knowledge, the recording of the electronic notarial act must include an explanation by the electronic notary public as to how he or she knows the person and how long he or she has known the person. 3. If the person for whom the electronic notarial act is being performed is identified by a credible witness: 6 (a) The credible witness must appear before the electronic notary public; and (b) The recording of the electronic notarial act must include: (1) A statement by the electronic notary public as to whether he or she identified the credible witness by personal knowledge or satisfactory evidence; and (2) An explanation by the credible witness as to how he or she knows the person for whom the electronic notarial act is being performed and how long he or she has known the person. 4. An electronic notary public shall keep a recording made pursuant to this section for a period of not less than 7 years, regardless of whether the electronic notarial act was actually completed. (Added to NRS by 2017, 3446) NRS 240.1997 Electronic notarial acts using audio-video communication: Confirmation of identity. 1. For the purposes of performing an electronic notarial act for a person using audio-video communication, an electronic notary public has satisfactory or documentary evidence of the identity of the person if the electronic notary public confirms the identity of the person by: (a) Personal knowledge; (b) Each of the following: (1) Remote presentation by the person of a government-issued identification credential that contains a photograph and the signature of the person; (2) Credential analysis of the government-issued identification credential and the data thereon; and (3) A dynamic knowledge-based authentication assessment; (c) Any other method that complies with any rules or regulations adopted by the Secretary of State; or (d) A valid certificate that complies with any rules or regulations adopted by the Secretary of State. 2. As used in this section: (a) “Certificate” has the meaning ascribed to it in NRS 720.030. (b) “Credential analysis” means a process or service that complies with any rules or regulations adopted by the Secretary of State through which a third party affirms the validity of a government-issued identification credential or any data thereon through the review of data sources. (c) “Remote presentation” means the transmission of a quality image of a government-issued identification credential to an electronic notary public through communication technology for the purpose of enabling the electronic notary public to identify the person appearing before the electronic notary public and to perform a credential analysis. (Added to NRS by 2017, 3446) NRS 240.1999 Recording certain electronic documents relating to real property. 1. If an electronic document relating to real property located in this State contains an electronic acknowledgment, notwithstanding any omission or error in the certificate of acknowledgment or failure of the document to show an acknowledgment in compliance with applicable law, upon the document being recorded with the county recorder of the county in which the real property is located or filed with the Secretary of State: (a) The electronic document shall be deemed to be lawfully recorded or filed; and (b) All persons, including, without limitation, any creditor, encumbrancer, mortgagee, subsequent purchaser for valuable consideration or any other subsequent transferee thereof or of any interest therein, are deemed to have notice of its contents. 2. For the purposes of this section, a document is deemed to comply with all applicable requirements upon the acceptance for recording by the county recorder of the county in which the real property is located or the filing of the document with the Secretary of State, as required by law. (Added to NRS by 2017, 3447) NRS 240.201 Duty to keep electronic journal of electronic notarial acts; suspension of registration for failure to produce electronic journal entry; period of retention of notarial records upon surrender, revocation or expiration of registration. 1. An electronic notary public shall keep an electronic journal of each electronic notarial act which includes, without limitation, the requirements of subsections 1 and 5 of NRS 240.120, but does not include the electronic signatures of the person for whom the electronic notarial act was performed and any witnesses. 2. An electronic notary public who performs electronic notarial acts shall: (a) Describe each electronic notarial act in the electronic journal and specify whether the electronic notarial act was performed using audio-video communication; (b) Maintain and protect the electronic journal at all times under his or her sole control; and (c) Provide for lawful inspection and copying of the electronic journal. 3. An electronic notary public may maintain more than one electronic journal to record electronic notarial acts. 4. The fact that the employer or contractor of an electronic notary public keeps a record of electronic notarial acts does not relieve the electronic notary public of the duties required by this section. 7 5. An electronic journal must: (a) Enable access by a password or other secure means of authentication; and (b) Be capable of providing tangible or electronic copies of any entry made therein. 6. The Secretary of State may suspend the registration of an electronic notary public who fails to produce any electronic journal entry within 10 days after receipt of a request from the Secretary of State. 7. Upon surrender, revocation or expiration of a registration as an electronic notary public, all notarial records required pursuant to NRS 240.001 to 240.206, inclusive, must, except as otherwise provided by law, be kept by the electronic notary public for a period of 7 years after the termination of the registration of the electronic notary public. 8. As used in this section, “sole control” means being in the direct physical custody of or safeguarded by an electronic notary public with a password or other secure means of authentication. (Added to NRS by 2009, 3024; A 2011, 1613; 2017, 84, 3454, 3457) NRS 240.202 Use of electronic signature and electronic seal; safeguarding of electronic signature, electronic seal and notarial records; maintenance of technology or device used to create electronic signature. 1. The electronic signature and electronic seal of an electronic notary public must be used only for the purposes of performing electronic notarial acts. 2. An electronic notary public shall safeguard his or her electronic signature, the electronic seal and all notarial records maintained by the electronic notary public as follows: (a) When not in use, the electronic notary public shall keep the electronic signature, electronic seal and all notarial records secure, under the exclusive control of the electronic notary public and protected by a password where applicable. (b) An electronic notary public shall not permit his or her electronic signature or electronic seal to be used by any other person. (c) An electronic notary public shall not surrender or destroy his or her notarial records except as otherwise required by the order of a court or as allowed pursuant to NRS 240.001 to 240.206, inclusive, or any regulations adopted pursuant thereto. (d) Except as otherwise provided in subsection 3, an electronic notary public, within 10 days after discovering that his or her electronic signature or electronic seal has been stolen, lost, damaged or otherwise rendered incapable of affixing a legible image, shall: (1) Inform the appropriate law enforcement agency in the case of theft or vandalism; and (2) Notify the Secretary of State and the entity from which the electronic notary public obtained the electronic signature or electronic seal in writing, including, without limitation, a signature using the name under which the electronic notary public is registered pursuant to NRS 240.192. 3. An electronic notary public shall take reasonable steps to maintain the technology or device used to create his or her electronic signature, and to ensure that the technology or device has not been recalled, revoked, terminated or otherwise rendered ineffective or unsecure by the entity that created the technology or device. Upon learning that the technology or device used to create his or her electronic signature has been rendered ineffective or unsecure, an electronic notary public shall cease performing electronic notarial acts until: (a) A new technology or device is acquired; and (b) The electronic notary public sends an electronic notice to the Secretary of State that includes the electronic signature of the electronic notary public required pursuant to paragraph (c) of subsection 2 of NRS 240.192 relating to the new technology or device. (Added to NRS by 2009, 3024; A 2017, 85, 3455, 3457) NRS 240.203 Notice to Secretary of State of death of electronic notary public or surrender, revocation or expiration of registration; duty to erase, delete, destroy or otherwise render ineffective notary’s electronic signature technology or device. 1. Except as otherwise provided in subsection 3, if an electronic notary public dies during his or her period of registration, or if the registration of the electronic notary public is surrendered or revoked or expires, the electronic notary public, the executor of his or her estate or an authorized representative of the electronic notary public, as appropriate, shall: (a) Notify the Secretary of State of the death, surrender, revocation or expiration; and (b) Erase, delete, destroy or otherwise render ineffective the technology or device used to create his or her electronic signature. 2. Upon receipt of the notice required by subsection 1, the Secretary of State shall cancel the registration of the electronic notary public, effective on the date on which the notice was received. 3. A former electronic notary public whose previous registration as an electronic notary public was not revoked and whose previous registration as an electronic notary public was not denied is not required to erase, delete, destroy or otherwise render ineffective the technology or device used to create his or her electronic signature if the former electronic notary public renews his or her registration, using the same electronic signature, within 3 months after the expiration of his or her previous registration as an electronic notary public. 8 (Added to NRS by 2009, 3025; A 2017, 3456) NRS 240.204 Unlawful acts. 1. A person who knowingly creates, manufactures or distributes software or hardware for the purpose of allowing a person to act as an electronic notary public without being registered in accordance with NRS 240.181 to 240.206, inclusive, is guilty of a gross misdemeanor. 2. A person who wrongfully obtains, conceals, damages or destroys the technology or device used to create the electronic signature of an electronic notary public is guilty of a gross misdemeanor. (Added to NRS by 2009, 3025; A 2017, 3456) NRS 240.205 Authentication of signature of electronic notary public by Secretary of State; penalty; regulations. 1. Except as otherwise provided in subsection 2, the Secretary of State shall, upon request, issue an authentication to verify that the electronic signature of the electronic notary public on an electronic document is genuine and that the electronic notary public holds the office indicated on the electronic document. The authentication must be: (a) Signed by the Secretary of State; and (b) In conformance with any relevant international treaties, agreements and conventions subscribed to by the Government of the United States, including, without limitation, the Hague Convention of October 5, 1961. 2. The Secretary of State shall not issue an authentication pursuant to subsection 1 if: (a) The electronic document has not been electronically notarized in accordance with the provisions of NRS 240.001 to 240.206, inclusive; (b) The Secretary of State has reasonable cause to believe that the electronic document may be used to accomplish any fraudulent, criminal or unlawful purpose; 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, Ê 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. (Added to NRS by 2009, 3025; A 2017, 85) NRS 240.206 Regulations. The Secretary of State may adopt regulations to carry out the provisions of NRS 240.181 to 240.206, inclusive. (Added to NRS by 2009, 3026) COMMISSIONED ABSTRACTERS NRS 240.240 Creation of office. The office of commissioned abstracter, in and for the several counties of this State, is hereby created. [1:180:1927; NCL § 1450] NRS 240.250 Appointment and commission. The Secretary of State is empowered to appoint and commission commissioned abstracters in and for the several counties of this State, in any number in which applications may be made to the Secretary of State, as in his or her judgment may be deemed advisable. [2:180:1927; NCL § 1451]—(NRS A 1997, 941) NRS 240.260 Term of office. The term of office of a commissioned abstracter shall be for 4 years. [Part 3:180:1927; NCL § 1452] NRS 240.270 Fee for commission; oath and bond. 9 1. Each commissioned abstracter, before entering upon the acts authorized in NRS 240.240 to 240.330, inclusive, and at the time the commissioned abstracter receives his or her commission, shall: (a) Pay to the Secretary of State the sum of $10. (b) Take the official oath as prescribed by law, which oath shall be endorsed on his or her commission. (c) Enter into a bond to the State of Nevada in the sum of $2,000, to be approved by the district judge of the county for which the commissioned abstracter may be appointed. 2. Each commissioned abstracter shall have his or her commission, together with the bond, recorded in the office of the clerk of the county for which the commissioned abstracter has been appointed. [5:180:1927; A 1951, 8]—(NRS A 1979, 78) NRS 240.280 Seal. 1. Each commissioned abstracter shall provide an official seal with which the commissioned abstracter shall authenticate all his or her official acts. There shall be engraved on the official seal: (a) The name of the county for which the commissioned abstracter has been commissioned. (b) The name of the State. (c) The name of the commissioned abstracter. (d) The words “Commissioned Abstracter.” 2. An impression of the official seal shall be made on the official bond of each commissioned abstracter before recording the bond. [6:180:1927; NCL § 1455] NRS 240.290 Acts may be performed anywhere in State. All acts of any commissioned abstracter performed anywhere within this State shall be of the same force and validity as if performed within the county for which the commissioned abstracter was appointed and in which he or she resides. [4:180:1927; NCL § 1453] NRS 240.300 Powers. A commissioned abstracter shall have authority: 1. To make search and examination of all public records and compile abstracts of title to real property or other property therefrom. 2. To make abstracts or copies of any and all instruments of record in any public office within this state, and certify the same in the official name and title of the commissioned abstracter, and under his or her official seal. [7:180:1927; NCL § 1456] NRS 240.310 Fees. Each commissioned abstracter shall be entitled to charge and receive, from a person or persons by whom the commissioned abstracter is employed, for services rendered, such fees as would be considered just and reasonable. [8:180:1927; NCL § 1457] NRS 240.320 Revocation of commission. The Secretary of State may at any time, for cause, revoke the commission of a commissioned abstracter. [Part 3:180:1927; NCL § 1452]—(NRS A 1997, 941) NRS 240.330 Penalties. 1. For any misconduct or neglect in any of the matters in which any commissioned abstracter appointed under the authority of NRS 240.240 to 240.330, inclusive, is authorized to act, the commissioned abstracter shall be liable on his or her official bond to the person or persons injured thereby for all damages sustained. 2. For any willful violation or neglect any commissioned abstracter shall be subject to criminal prosecution, and may be punished by fine not exceeding $2,000 and removal from office. [9:180:1927; NCL § 1458]

5 Reasons You Should Become a Notary Public Millions of Americans serve as Notaries Public to protect consumers from fraud and identity theft. In fact, they are in such high demand by businesses, industries and private individuals that there is one Notary for every 72 people in the country. While being a Notary might seem mundane, they witness and authenticate the signing of our most important transactions: mortgage documents, powers of attorney, contracts, adoption papers, advance medical directives and other dealings central to our lives and the economy. It's also a great way to earn extra income working from home or improve your resume and career. Here are the top five reasons why you should consider becoming a Notary Public. Make Additional Income While Notaries are appointed by their states and serve as public officials, they charge their clients directly and the revenue is theirs to keep. That's why tens of thousands of people hit the streets as "mobile Notaries" in their communities. Most states regulate how much a Notary can charge for an individual notarization (for example, $15 in California and $10 in Florida), but many clients often need more than one signature notarized. You're also allowed to charge additional fees for items such as travel, supplies and other expenses. Additional Resources: 22 Ways To Make Money As A Notary Become a Notary Signing Agent If you like the idea of being a Notary to make additional income, becoming a Notary Signing Agent is right up your alley. An NSA is a trained and certified professional that handles the notarization of loan documents in real estate closings. For the mortgage finance industry, NSAs serve as the critical final link between the banks and the borrower to complete the loan. They are hired directly by title companies and signing services as independent contractors to ensure that real estate loan documents are signed by the borrower, notarized, and returned for processing. Notaries make a considerable amount of extra income from this line of mortgage finance work, in addition to their work as a mobile Notary. Additional Resources: By Fluke And Design: How 3 Notaries Built Thriving Businesses Improve Your Resume/Skillset Notaries are in high demand in a variety of industries, including banking, finance, medical, legal, government, insurance, technology … the list goes on. In fact, just about every industry uses the services of Notaries, so becoming one will add to your marketable skill sets, improve your resume and increase your value as an employee. In the workplace, Notaries serve two general functions: Notarizing documents in the back office for co-workers and bosses or notarizing for customers in a bank or their local photocopy and shipping shop. Many employers value employees with Notary skills to handle their document authentication needs and provide customers with top-notch service. Additional Resources: Notarizing On The Job: What You And Your Boss Need To Know Enjoy a Flexible Schedule If you choose the mobile Notary/Notary Signing Agent route, you will have the flexibility to set your own hours. It's a perfect line of work for home-based entrepreneurs, moonlighters, stay-at-home parents (who can do mobile notarizations in the evening) or anyone looking to make some additional income. Many people who need notarizations request them after normal business hours, so you can make the most of your evenings, or arrange a time that's right for you. Additional Resources: Alternate Income Opportunities Help Your Community America's Notaries Public are known for their spirit of helping those in need. If you are the type of person who enjoys giving back to your community, being a Notary is a great way to support that passion. Many types of people need notarization services but cannot afford them, like the elderly, homeless, disabled and college students. These groups typically need notarizations for powers of attorney, residency affidavits, advance medical directives, college transcripts and enrollment verifications. Notaries often hold events at community centers, retirement homes and campuses to provide free or low-cost notarizations. It's also a great way to network and market yourself for paying clients. Additional Resources: Serving Others One Notarization At A Time If any of the above scenarios sound intriguing to you, you're definitely the kind of person who should become a Notary Public. Get familiar with the qualifications and requirements and get started with your application today!

5 STEPS TO NOTARIZATION 1. THE SIGNER PERSONALLY APPEARS BEFORE YOU THE NOTARIAL OFFICER. 2. NOTARIAL OFFICER REVIEWS THE DOCUMENT. 3. NOTARIAL OFFICER SCREENS THE SIGNER AND VERIFY THE FACTS OF THE NOTARIZATION. 4. NOTARIAL OFFICER RECORDS THE NOTARIZATION IN A NOTARY JOURNAL. 5. NOTARIAL OFFICER COMPLETE, SIGN AND SEAL THE NOTARIAL CERTIFICATE.

CHAPTER 240 - NOTARIES PUBLIC GENERAL PROVISIONS 240.200 Fee for processing application foary public or electronic notary public nonrefundable. APPLICATIONS FOR APPOINTMENT 240.205 Revocation of appointment for returned check which was used to pay application fee. 240.210 Form of name: Application; bond; official signature. 240.215 Fingerprints, written authorization and processing fee required to be submitted with application. 240.220 Incomplete applications. 240.223 Assignment of identification number. 240.235 Period of appointment. 240.240 Cancellation of appointment. 240.250 Complaint of alleged violation of chapter to be filed with Secretary of State; notification of complaint to be provided to notary public; determination of Secretary of State regarding hearing. 240.260 Requirements to qualify as resident; residency in this state required during term of appointment. 240.262 Nonresident applicant for appointment as notary public: Form of affidavit setting forth address of applicant’s residence and place of business or employment. 240.264 Nonresident applicant for appointment as notary public: Form of affidavit confirming applicant’s employment within State of Nevada if applicant not self-employed. 240.266 Nonresident applicant for appointment as notary public: Form of affidavit for self-employed applicant confirming maintenance by applicant of business within State of Nevada. 240.270 Courses of study for mandatory training of notaries public. STANDARDS OF PRACTICE 240.300 “Secure location” interpreted. 240.310 Circumstances in which Secretary of State will deem document requiring provision of information within blank spaces to be filled out completely. 240.320 Possession of valid certificate of permission to perform marriages required to charge fee for performance of marriage ceremony; penalty for violation. 240.330 Use of “known personally” in journal of notarial acts as evidence of verification of identification. 240.340 Person physically unable to sign document who directs another person to sign required to appear before notarial officer with such other person at time of signing; short form for acknowledgment. RULES OF PRACTICE AND PROCEDURE FOR REVOCATION OF COMMISSION 240.400 Scope and construction. 240.410 Relief from regulations. 240.420 Communications with Secretary of State. 240.430 Parties. 240.440 Filing and service. 240.450 Briefs. 240.460 Show cause orders. 240.470 Failure to appear. 240.480 Appearance at hearing. 240.490 Withdrawal of attorney. 240.500 Conduct at hearings. 240.510 Hearings: Preliminary procedure; evidence. 240.520 Continuances. 240.530 Decisions and orders. 240.540 Transcripts of hearings. ELECTRONIC NOTARIZATION ENABLING ACT 240.600 Definitions. 240.610 “Credential” defined. 240.615 “Electronic notarial certificate” defined. 240.617 “Electronic notarization solution” defined. 240.624 “Identity proofing” defined. 240.630 “Principal” defined. 240.635 “Solution provider” defined. 240.645 Registration required; suspension or revocation of appointment of notary public for performing or offering to perform electronic notarial act without valid registration. 240.648 Additional information required for registration. 240.650 Course of study and payment of fee required for registration. 240.654 Methods of payment of fee for registration; authority of Secretary of State to refuse or revoke registration if method of payment is dishonored or stopped; resubmission of registration after refusal or revocation. 240.658 Approval of registration; authority of Secretary of State to refuse registration; effective date of registration. 240.660 Commission number assigned to notary public retained. 240.665 Duties of electronic notary public. 240.668 Maintenance of record of electronic notarial act. 240.670 Electronic notarial act using audio-visual communication: Confirmation of identity of principal. 240.674 Electronic notarial act using audio-video communication: Performance of act for person physically located outside United States. 240.676 Electronic notarial act using audio-video communication: Agreement to performance of act by electronic notary public and principal. 240.678 Electronic notarial act using audio-video communication: Identification of principal and electronic document. 240.680 Electronic notarial act using audio-video communication: Requirement to restart performance of act under certain circumstances. 240.682 Electronic notarial act using audio-video communication: Duty of electronic notary public and solution provider to protect recording and identifying information from unauthorized access. 240.684 Electronic notarial act using audio-video communication: Use of solution provider to store electronic journal and recording. 240.686 Electronic notarial act using audio-video communication: Availability of recording to certain persons and entities. 240.689 Electronic notarial act using audio-video communication: Access to certain documents and information by employer and solution provider. 240.695 Requirements for credential analysis to confirm identity of principal. 240.697 Requirements for dynamic knowledge-based authentication assessment to confirm identity of principal. 240.700 Application by solution provider to conduct identity proofing; authority of Secretary of State upon receipt of application. 240.705 Information required in electronic seal; electronic document rendered tamper-evident; notation required if audio-video communication used to perform electronic notarial act. 240.708 Requirements for electronic journal of electronic notarial acts. 240.710 Electronic journal must not include identifying information or recording. 240.712 Inspection of electronic journal. 240.720 Solution provider: Registration required; information submitted for registration; confidentiality of certain information. 240.722 Solution provider: Requirements for registration; notice to Secretary of State of change in electronic notarization solution. 240.725 Solution provider: Duty to ensure electronic notary public is registered and complies with requirements. 240.730 Electronic notary public: Prohibited acts. 240.735 Penalties, prohibitions, liabilities, sanctions and remedies. GENERAL PROVISIONS NAC 240.200  Fee for processing application for notary public or electronic notary public nonrefundable. (NRS 240.017, 240.192, 240.206)  The fee required to be paid to the Secretary of State pursuant to the provisions of paragraph (a) of subsection 1 of NRS 240.030 and NRS 240.192 at the time the application for appointment as a notary public or registration as an electronic notary public is submitted is imposed for the purpose of processing the application or registration and is not refundable. (Added to NAC by Sec’y of State, eff. 9-1-94; A by R065-19, 12-30-2019) APPLICATIONS FOR APPOINTMENT NAC 240.205  Revocation of appointment for returned check which was used to pay application fee. (NRS 240.017) 1.  If a check which is used to pay the application fee for appointment as a notary public or the fee for filing the required bond and oath is returned by a bank for lack of sufficient funds, the Secretary of State may immediately and without a hearing revoke the appointment of the notary public. 2.  A notary public whose appointment is revoked pursuant to this section must reapply for appointment pursuant to the provisions of NRS 240.030. (Added to NAC by Sec’y of State, eff. 11-3-95) NAC 240.210  Form of name: Application; bond; official signature. (NRS 240.017) 1.  A person applying for appointment as a notary public may use his or her given name, a short or familiar form of his or her given name or the first initial of his or her given name, followed by the person’s surname. 2.  The bond that a person applying for appointment as a notary public must enter into pursuant to the provisions of paragraph (d) of subsection 1 of NRS 240.030 must be entered under the same form of the person’s name that appears on the application for appointment. 3.  A notary public may use his or her given name, a short or familiar form of his or her given name or the first initial of his or her given name, followed by the notary public’s surname, as his or her official signature which must be consistent with the original signature on the application for appointment as a notary public. (Added to NAC by Sec’y of State, eff. 9-1-94; A by R065-19, 12-30-2019) NAC 240.215  Fingerprints, written authorization and processing fee required to be submitted with application. (NRS 240.017, 240.030)  Each person applying for appointment as a notary public must 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 in an amount equal to 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. (Added to NAC by Sec’y of State by R116-13, eff. 3-28-2014) NAC 240.220  Incomplete applications. (NRS 240.017)  If an application for appointment as a notary public is incomplete, the Secretary of State will retain the application for at least 1 year from the date of receipt of the application. If the clerk of the county in which the applicant resides does not certify to the Secretary of State that the applicant’s bond and oath have been filed and recorded within 1 year from the date of receipt of the application, the Secretary of State may destroy the application. (Added to NAC by Sec’y of State, eff. 9-1-94) NAC 240.223  Assignment of identification number. (NRS 240.017) 1.  The Secretary of State will assign a unique number to each original certificate of appointment prepared by his or her Office. The number will be used to identify the notary public whose name appears on the certificate of appointment, must remain assigned to the notary public throughout the period of his or her appointment and must be included on each duplicate or amended certificate of appointment issued to the notary public by the Secretary of State. 2.  If a notary public applies for a subsequent period of appointment, he or she must be assigned a new number. 3.  No certificate of appointment issued before October 1, 1995, and no statement or stamp prepared before that date for use pursuant to NRS 240.040 need contain the number assigned to the notary public. (Added to NAC by Sec’y of State, eff. 11-3-95) NAC 240.235  Period of appointment. (NRS 240.017) 1.  Except as otherwise provided in subsection 2, the period of appointment of a notary public begins on the effective date of the bond entered into pursuant to the provisions of NRS 240.030. 2.  If the bond does not have an effective date, or if no bond is required, the period of appointment begins on the date the Secretary of State signs the certificate of appointment. (Added to NAC by Sec’y of State, eff. 11-3-95) NAC 240.240  Cancellation of appointment. (NRS 240.017)  The cancellation of the appointment of a notary public pursuant to subsection 4 of NRS 240.010 is effective upon receipt by the Secretary of State of the notice requesting cancellation of the appointment. (Added to NAC by Sec’y of State, eff. 9-1-94; A 11-3-95; R175-97, 1-20-98) NAC 240.250  Complaint of alleged violation of chapter to be filed with Secretary of State; notification of complaint to be provided to notary public; determination of Secretary of State regarding hearing. (NRS 240.017) 1.  A person may file a complaint in writing with the Secretary of State alleging that a notary public has violated one or more of the provisions of chapter 240 of NRS. The complaint must include: (a) The name of the notary public; (b) If known, the name of the county in which the notary public resides; (c) If known and if assigned, the number on the certificate of appointment of the notary public; (d) An explanation of the reason for the complaint and, if known, the citation of each statutory provision which the notary public is alleged to have violated; (e) A copy of each document which is related to the matter; (f) Whether the notarial act was an electronic notarial act performed using audio-video communication; and (g) Such other information as the person considers relevant to the matter. 2.  The complaint may be filed in person, by facsimile machine or by mail. 3.  Within 15 days, excluding Saturdays, Sundays and legal holidays, after receiving a complaint, the Secretary of State will notify in writing the notary public who is the subject of the complaint. In the notice, the Secretary of State will include a copy of the complaint. The notice must be sent by certified mail or other delivery method with a tracking mechanism and must contain: (a) A statement of the statutory provision which the notary public is alleged to have violated; (b) An explanation of the possible disciplinary actions that may be taken against the notary public; (c) Instructions for the notary public to respond to the complaint by mail or by facsimile machine; and (d) A statement that the notary public must respond to the complaint within 10 days after receiving the notice. 4.  If, after receiving the response from the notary public, the Secretary of State determines that a hearing is not warranted, he or she will provide notification of his or her determination and the reasons therefor to the notary public and the person who filed the complaint. (Added to NAC by Sec’y of State, eff. 11-3-95; A by R065-19, 12-30-2019) NAC 240.260  Requirements to qualify as resident; residency in this state required during term of appointment. (NRS 240.017) 1.  No applicant for appointment as a notary public qualifies as a resident of this state pursuant to the requirements of NRS 240.015 unless he or she has been actually, physically and corporeally present in this state with the intent to establish permanent habitation for at least 30 days before the date on which he or she submitted his or her application. 2.  A notary public must maintain residency in this state during the term of his or her appointment. (Added to NAC by Sec’y of State, eff. 11-3-95) NAC 240.262  Nonresident applicant for appointment as notary public: Form of affidavit setting forth address of applicant’s residence and place of business or employment. (NRS 240.017)  The following form must be used by an applicant for appointment as a notary public who resides in an adjoining state if the applicant is not self-employed: NONRESIDENT NOTARY PUBLIC AFFIDAVIT OF APPLICANT STATE OF............................. COUNTY OF........................ I, ....................(Name of Applicant)...................., being first duly sworn, state upon personal knowledge and under penalty of perjury as follows: 1.  The address of my residence is.................................................................................................. ............................................................................................................................................................ 2.  I am employed by..................................................................................................................... 3.  The address of my place of employment is................................................................................. ............................................................................................................................................................ 4.  The telephone number at my place of employment is.................................................................. DATED this..........(day) of....................(month) of......(year) .................................................................................... Signature of Applicant Signed and sworn to before me on.......(date).......by..........(Signature of Applicant)................................ .................................................................................... Signature of Notary Public (Added to NAC by Sec’y of State by R175-97, eff. 1-20-98) NAC 240.264  Nonresident applicant for appointment as notary public: Form of affidavit confirming applicant’s employment within State of Nevada if applicant not self-employed. (NRS 240.017)  The following form must be used by the employer an applicant for appointment as a notary public who resides in an adjoining state if the applicant is not self-employed: NONRESIDENT NOTARY PUBLIC AFFIDAVIT OF EMPLOYER OF APPLICANT STATE OF............................. COUNTY OF........................ I, ....................(Name of Employer)...................., being first duly sworn, state upon personal knowledge and under penalty of perjury as follows: 1.  My business, ....................(Name of Business)...................., is licensed to do business in the State of Nevada. 2.  The address of my place of business is....................................................................................... ............................................................................................................................................................ 3.  The telephone number at my place of business is........................................................................ 4.  ....................(Name of Employee/Applicant).................... is regularly employed at my place of business within the State of Nevada. DATED this..........(day) of....................(month) of......(year) .................................................................................... Signature of Employer Signed and sworn to before me on .......(date).......by..........(Signature of Employer)............................... .................................................................................... Signature of Notary Public (Added to NAC by Sec’y of State by R175-97, eff. 1-20-98) NAC 240.266  Nonresident applicant for appointment as notary public: Form of affidavit for self-employed applicant confirming maintenance by applicant of business within State of Nevada. (NRS 240.017)  The following form must be used by an applicant for appointment as a notary public who resides in an adjoining state if the applicant is self-employed: NONRESIDENT NOTARY PUBLIC AFFIDAVIT OF SELF-EMPLOYED APPLICANT STATE OF............................. COUNTY OF........................ I, ....................(Name of Self-Employed Applicant)...................., being first duly sworn, state upon personal knowledge and under penalty of perjury as follows: 1.  The address of my residence is.................................................................................................. ............................................................................................................................................................ 2.  I am self-employed. 3.  My business, ....................(Name of Business)...................., is licensed to do business in the State of Nevada. 4.  The address of my place of business is....................................................................................... ............................................................................................................................................................ 5.  The telephone number at my place of business is........................................................................ DATED this..........(day) of....................(month) of......(year) .................................................................................... Signature of Self-Employed Applicant Signed and sworn to before me on ........(date)........by....................(Signature of Self-Employed Applicant).................... .................................................................................... Signature of Notary Public (Added to NAC by Sec’y of State by R175-97, eff. 1-20-98) NAC 240.270  Courses of study for mandatory training of notaries public. (NRS 240.017, 240.018) 1.  The Secretary of State will provide at least one course of study per month for the mandatory training of notaries public. 2.  An applicant for appointment as a notary public who is required pursuant to NRS 240.018 to enroll in and successfully complete a course of study for the mandatory training of notaries public must include with his or her application a certificate of successful completion of such a course, which must contain a validation stamp from the Secretary of State. A certificate of successful completion of a course of study for the mandatory training of notaries public is valid for 90 days after the date of its issuance. 3.  The Secretary of State may authorize the provision of a course of study for the mandatory training of notaries public and electronic notaries public by a qualified third party subject to the terms and conditions established by the Secretary of State or a designee of the Secretary of State. (Added to NAC by Sec’y of State, eff. 11-3-95; A by R114-07, 4-17-2008; R065-19, 12-30-2019) STANDARDS OF PRACTICE NAC 240.300  “Secure location” interpreted. (NRS 240.017)  As used in NRS 240.040 and 240.120, the Secretary of State will interpret the term “secure location” to include, without limitation: 1.  In the sole possession of the notary public to whom a stamp or journal belongs; or 2.  A locked location over which the notary public to whom a stamp or journal belongs has sole control. (Added to NAC by Sec’y of State by R116-13, eff. 3-28-2014) NAC 240.310  Circumstances in which Secretary of State will deem document requiring provision of information within blank spaces to be filled out completely. (NRS 240.017) 1.  For the purposes of subsection 9 of NRS 240.075, the Secretary of State will deem a document that requires the signer to provide information within blank spaces to be filled out completely if the signer: (a) Provides information in each blank space; or (b) Designates any blank space in which information is not provided as not applicable or draws a line through the blank space. 2.  If a document contains any blank signature line that is designated for an additional signer but the remainder of the document, exclusive of any such blank signature line, satisfies the requirements of subsection 1, the Secretary of State will deem the document to be filled out completely if it is clear that the notarization does not apply to any such blank signature line. (Added to NAC by Sec’y of State by R116-13, eff. 3-28-2014) NAC 240.320  Possession of valid certificate of permission to perform marriages required to charge fee for performance of marriage ceremony; penalty for violation. (NRS 240.017) 1.  A notary public may only charge the fee set forth in NRS 240.100 for performing a marriage ceremony if the notary public possesses a valid certificate to perform marriages that has been issued to the notary public pursuant to NRS 122.064. 2.  A notary public who violates this section may have his or her appointment as a notary public suspended or revoked by the Secretary of State in accordance with the provisions of NRS 240.150. (Added to NAC by Sec’y of State by R116-13, eff. 3-28-2014) NAC 240.330  Use of “known personally” in journal of notarial acts as evidence of verification of identification. (NRS 240.017)  A notary public may enter in his or her journal “known personally” as the description of the evidence used by the notary public to verify the identification of a person whose signature is being notarized pursuant to NRS 240.120 if the notary public has personal knowledge of the identity of the person. (Added to NAC by Sec’y of State by R116-13, eff. 3-28-2014) NAC 240.340  Person physically unable to sign document who directs another person to sign required to appear before notarial officer with such other person at time of signing; short form for acknowledgment. (NRS 240.017) 1.  If a person is physically unable to sign a document that is presented to a notarial officer and directs a person other than the notarial officer to sign the person’s name on the document pursuant to NRS 240.1655, both the person who is physically unable to sign the document and the person directed to sign the person’s name on the document shall appear before the notarial officer at the time the document is signed. 2.  The following certificate is sufficient for an acknowledgment by a person who is physically unable to sign a document and directs another person to sign the person’s name on the document pursuant to NRS 240.1655: State of Nevada County of.......... This instrument was acknowledged before me on..........(date) by..........(name of person physically unable to sign the document) who directed that his or her signature be affixed to the above instrument by..........(name of person directed to sign the document). .................................................. (Signature of notarial officer) (Seal, if any) .................................................. (Title and rank (optional)) (Added to NAC by Sec’y of State by R116-13, eff. 3-28-2014) RULES OF PRACTICE AND PROCEDURE FOR REVOCATION OF COMMISSION NAC 240.400  Scope and construction. (NRS 240.017, 240.206)  NAC 240.400 to 240.540, inclusive: 1.  Govern all practice and procedure before the Secretary of State for the revocation of a notary public commission as provided in NRS 240.150 or the revocation of a registration as an electronic notary public. 2.  Must be liberally construed to secure just, speedy and economical determination of all issues presented to the Secretary of State and to effectuate the purposes of chapter 233B of NRS and NRS 240.010 to 240.150, inclusive. 3.  Must not be construed as conflicting with any provisions of NRS as they pertain to the powers and duties of the Secretary of State, but rather must be construed as being in harmony with them. [Sec’y of State, Practice Reg. 1 §§ 1.1, 1.2 & 1.4, eff. 6-23-76] — (NAC A by Sec’y of State by R065-19, 12-30-2019) — (Substituted in revision for NAC 240.010) NAC 240.410  Relief from regulations. (NRS 240.017)  In special cases, where good cause appears, not contrary to law, the Secretary of State may permit deviation from NAC 240.400 to 240.540, inclusive, where compliance is found to be impractical and unnecessary. [Sec’y of State, Practice Reg. 1 § 1.3, eff. 6-23-76] — (Substituted in revision for NAC 240.020) NAC 240.420  Communications with Secretary of State. (NRS 240.017) 1.  All written communications and documents should be addressed to the Secretary of State and will be deemed to be officially received only when delivered at the Office of the Secretary of State. 2.  The principal office of the Secretary of State is: Office of the Secretary of State, Capitol Building, Carson City, Nevada 89701. The Office of the Secretary of State will be open from 8:00 a.m. to 5:00 p.m. each day except Saturday, Sunday and legal holidays. [Sec’y of State, Practice Reg. 2, eff. 6-23-76] — (Substituted in revision for NAC 240.030) NAC 240.430  Parties. (NRS 240.017) 1.  Parties to proceedings before the Secretary of State under NAC 240.400 to 240.540, inclusive, consist of the staff of the Office of the Secretary of State and the notary public whose commission is subject to revocation, or his or her authorized representatives. 2.  The Secretary of State’s staff may appear at any hearing and have all rights of participation as a party to the proceeding. If counsel is desired, the Attorney General will represent the staff. [Sec’y of State, Practice Reg. 3, eff. 6-23-76] — (Substituted in revision for NAC 240.040) NAC 240.440  Filing and service. (NRS 240.017) 1.  An original and two legible copies of all documents, motions or other papers must be filed with the Secretary of State. The Secretary of State will retain the original document, motion or other paper. If the Attorney General will be representing the staff of the Office of the Secretary of State at any hearing, the Secretary of State will provide to the Attorney General a copy of all documents, motions and other papers. 2.  All notices, opinions, decisions, orders or documents required to be served by the Secretary of State and all documents filed by any party may be served personally or by certified mail, and if service is made by mail, service is complete when a true copy of the documents, properly addressed and stamped, is deposited in the United States mail. 3.  All documents required to be served by any party must contain an acknowledgment or certificate of service. [Sec’y of State, Practice Reg. 5, eff. 6-23-76] — (NAC A 9-1-94) — (Substituted in revision for NAC 240.050) NAC 240.450  Briefs. (NRS 240.017)  The Secretary of State may order briefs to be filed within such time as may be allowed by the Secretary of State and the brief must be accompanied by proof of service in accordance with subsection 3 of NAC 240.440. [Sec’y of State, Practice Reg. 6 § 6.11, eff. 6-23-76] — (Substituted in revision for NAC 240.060) NAC 240.460  Show cause orders. (NRS 240.017) 1.  Hearings will be held before the Secretary of State pursuant to a show cause order being issued to the notary public concerned by the Secretary of State. The Secretary of State may designate one of his or her deputies or another competent person to act in his or her place at the hearing. 2.  The show cause order must be substantially in the form available from the Office of the Secretary of State, and must include: (a) A statement of the time, place and nature of the hearing. (b) A statement of the legal authority and jurisdiction under which the hearing is to be held. (c) A reference to the cause for which the notary public’s commission is subject to revocation. (d) A short and plain statement of the matters asserted. 3.  The show cause order constitutes notice of the hearing, as required by NRS 233B.121. A show cause order will be served at least 20 days before the time set for the hearing. A hearing which has previously been continued may be reset on notice of not less than 10 days. Hearings will be held at such place in the State as may be designated by the Secretary of State in the show cause order. [Sec’y of State, Practice Reg. 6 § 6.1, eff. 6-23-76] — (NAC A 9-1-94) — (Substituted in revision for NAC 240.070) NAC 240.470  Failure to appear. (NRS 240.017) 1.  If a party fails to appear at a hearing scheduled by the Secretary of State in a show cause order and no continuance has been requested or granted, the Secretary of State may hear the evidence of such witnesses as may have appeared and the Secretary of State may proceed to consider the matter and dispose of it on the basis of the evidence before him or her in the manner required by NAC 240.400 to 240.540, inclusive. 2.  Where, because of accident, sickness or other reasonable cause, a person fails to appear for a hearing scheduled by the Secretary of State or fails to request a continuance, the person may, within a reasonable period of time, not to exceed 15 days, apply to the Secretary of State to reopen the proceedings, and the Secretary of State upon finding such cause sufficient and reasonable will immediately fix a time and place for hearing and give the person notice of the hearing. At the time and place fixed, a hearing must be held at which the person may testify in his or her own behalf or present such other evidence as may be beneficial to his or her cause. Witnesses who have previously testified are not required to appear at the second hearing unless so directed by the Secretary of State. [Sec’y of State, Practice Reg. 6 § 6.2, eff. 6-23-76] — (Substituted in revision for NAC 240.080) NAC 240.480  Appearance at hearing. (NRS 240.017) 1.  At any hearing, all parties named are entitled to make an appearance, introduce evidence, examine and cross-examine witnesses, make arguments and participate in the conduct of the proceedings. 2.  Parties shall enter their appearance at the beginning of a hearing or at any time as may be designated by the Secretary of State by giving their names and addresses and stating their position or interest to the Secretary of State. 3.  Appearances and representation of parties must be made as follows: (a) A party is entitled to be heard in person or by his or her attorney. (b) An attorney appearing as counsel in any proceeding must be an attorney at law, admitted to practice and in good standing before the highest court of any state. If the attorney is not admitted and entitled to practice before the Supreme Court of Nevada, an attorney so admitted and entitled to practice must be associated. 4.  Following the entry of an appearance by an attorney for a party, all notices, pleadings and orders thereafter served must be served upon the attorney and service is considered valid service for all purposes upon the party represented. [Sec’y of State, Practice Reg. 4 §§ 4.1-4.4, eff. 6-23-76] — (Substituted in revision for NAC 240.090) NAC 240.490  Withdrawal of attorney. (NRS 240.017)  Any attorney of record wishing to withdraw from a proceeding before the Secretary of State shall, in writing, immediately notify the Secretary of State and the party he or she represented. [Sec’y of State, Practice Reg. 4 § 4.5, eff. 6-23-76] — (Substituted in revision for NAC 240.100) NAC 240.500  Conduct at hearings. (NRS 240.017) 1.  A person appearing in a proceeding shall conform to the recognized standards of ethical and courteous conduct. All parties to hearings, their counsel and spectators will conduct themselves in a respectful manner. 2.  Smoking is not permitted at hearings of the Secretary of State while in session. [Sec’y of State, Practice Reg. 4 § 4.6 + Reg. 6 § 6.4, eff. 6-23-76] — (Substituted in revision for NAC 240.110) NAC 240.510  Hearings: Preliminary procedure; evidence. (NRS 240.017) 1.  The Secretary of State will call the proceeding to order and proceed to take the appearances of the parties. The parties may then make opening statements if they desire. 2.  All testimony to be considered by the Secretary of State in any hearing, except matters noticed officially or entered by stipulation, must be sworn testimony. Before taking the witness stand, each person shall swear or affirm that the testimony he or she is about to give in hearing before the Secretary of State is the truth, the whole truth and nothing but the truth. 3.  Evidence will ordinarily be received in the following order: (a) Secretary of State’s staff. (b) The notary public for whom the hearing is being held. (c) Rebuttal by the Secretary of State’s staff. Ê This procedure may be modified by the Secretary of State. Closing statements by the parties may be allowed by the Secretary of State. 4.  With the approval of the Secretary of State, the parties may stipulate as to any fact at issue, either by written stipulation introduced in evidence as an exhibit or by oral statement shown upon the record. Any such stipulation is binding upon all parties to the stipulation, and it may be treated as evidence at the hearing. The Secretary of State may require proof by evidence of the facts stipulated to, notwithstanding the stipulation of the parties. 5.  In conducting any investigation, inquiry or hearing, neither the Secretary of State nor any officer or employee of the Office, are bound by the technical rules of evidence and no informality in any proceeding or in the manner of taking testimony may invalidate any order, decision or regulation made, approved or confirmed by the Secretary of State. Rules of evidence before the courts of Nevada may be generally followed but may be relaxed in the discretion of the Secretary of State if deviation from the technical rules of evidence will aid in ascertaining the facts. When objection is made to the admissibility of evidence, such evidence may be received subject to later ruling by the Secretary of State. Parties objecting to the introduction of evidence shall briefly state the grounds of objection at the time such evidence is offered. Formal exceptions to rulings are unnecessary and need not be taken. 6.  The Secretary of State may take official notice of judicially cognizable facts and of recognized technical facts within the Secretary of State’s specialized knowledge, including the following matters: (a) Rules, regulations, official reports, decisions, and orders of the Secretary of State and any regulatory agency of the State of Nevada. (b) Contents of decisions, orders, standards, or records of the Secretary of State. (c) Matters of common knowledge and technical facts of established character. (d) Official documents, if pertinent, when properly introduced into the record of formal proceedings by reference. [Sec’y of State, Practice Reg. 6 §§ 6.3, 6.5-6.8 & 6.12, eff. 6-23-76] — (Substituted in revision for NAC 240.120) NAC 240.520  Continuances. (NRS 240.017)  The Secretary of State may prior to a hearing or during a hearing, and upon proper showing, grant continuances for submission of further or additional proof of any subject matter. [Sec’y of State, Practice Reg. 6 § 6.10, eff. 6-23-76] — (Substituted in revision for NAC 240.130) NAC 240.530  Decisions and orders. (NRS 240.017) 1.  A decision or order which is adverse to a party in any hearing must be in writing or stated in the record, and must include findings of fact and conclusions of law, separately stated. 2.  Orders or decisions must be rendered within 30 days of the completion of the hearing. 3.  A proceeding stands submitted for decision by the Secretary of State after the taking of evidence or the filing of briefs or the presentation of such oral argument as may have been permitted by the Secretary of State. 4.  Decisions and orders of the Secretary of State will be served by sending a copy by certified mail to the parties of record or their representatives or by personal service thereof. Additional copies of orders may be obtained upon written request. [Sec’y of State, Practice Reg. 7, eff. 6-23-76] — (Substituted in revision for NAC 240.140) NAC 240.540  Transcripts of hearings. (NRS 240.017)  The Secretary of State will cause a record to be made of all hearings, in accordance with NRS 233B.121. Parties desiring copies of transcripts may obtain them from the Office of the Secretary of State upon payment of the fees fixed for them. [Sec’y of State, Practice Reg. 6 § 6.13, eff. 6-23-76] — (Substituted in revision for NAC 240.150) ELECTRONIC NOTARIZATION ENABLING ACT NAC 240.600  Definitions. (NRS 240.206)  As used in NAC 240.600 to 240.735, inclusive, unless the context otherwise requires, the words and terms defined in NAC 240.610 to 240.635, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.610  “Credential” defined. (NRS 240.206)  “Credential” has the meaning ascribed to it in NRS 240.1823 and includes, without limitation, a card or other document issued by a governmental entity as a means of identifying the principal that contains the photograph and signature of the principal and constitutes satisfactory evidence of the identity of a principal for the purposes of NRS 240.1655. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.615  “Electronic notarial certificate” defined. (NRS 240.206)  “Electronic notarial certificate” means the portion of an electronic document that: 1.  Is completed by an electronic notary public; and 2.  Bears the electronic signature and electronic seal of the electronic notary public and the wording of the applicable notarial certificate as required by NRS 240.1655, 240.166 to 240.167, inclusive, 240.1685 or 240.169. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.617  “Electronic notarization solution” defined. (NRS 240.206)  “Electronic notarization solution” means a set of applications, programs, hardware, software or technology designed to enable the performance of an electronic notarial act. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.624  “Identity proofing” defined. (NRS 240.206)  “Identity proofing” means a process or service through which the identity of a principal is affirmed through a review of personal information from public or proprietary data sources. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.630  “Principal” defined. (NRS 240.206)  “Principal” means the natural person for whom an electronic notarial act is performed. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.635  “Solution provider” defined. (NRS 240.206)  “Solution provider” means a third-party vendor that provides an electronic notarization solution. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.645  Registration required; suspension or revocation of appointment of notary public for performing or offering to perform electronic notarial act without valid registration. (NRS 240.192, 240.206) 1.  A person may not perform an electronic notarial act, including, without limitation, an electronic notarial act performed using audio-video communication, unless the Secretary of State has approved the registration of the person as an electronic notary public pursuant to NAC 240.658 and the registration is in active status. 2.  The Secretary of State may suspend or revoke the appointment of a notary public who performs or offers to perform an electronic notarial act without a registration as an electronic notary public that has been approved by the Secretary of State pursuant to NAC 240.658 and is in active status. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.648  Additional information required for registration. (NRS 240.192, 240.206)  In addition to the information required by NRS 240.192, a person registering as an electronic notary public must include with his or her registration: 1.  The notary public commission number assigned to the person by the Secretary of State; 2.  The name of each solution provider whose electronic notarization solution the person intends to use to perform an electronic notarial act; 3.  A copy of the electronic seal and electronic signature of the person that is: (a) An exact representation of the handwritten signature of the person on file with the Secretary of State; and (b) In a file format that can be read without additional software and be compared for authentication purposes to the person’s handwritten signature on file with the Secretary of State; 4.  A certificate or other proof of successful completion of the course of study on electronic notarization provided pursuant to NRS 240.195, which indicates successful completion of the course not earlier than 90 days before submission of the registration; and 5.  A statement certifying that the person will comply with the applicable provisions of this chapter and chapter 240 of NRS. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.650  Course of study and payment of fee required for registration. (NRS 240.192, 240.206)  A notary public seeking to register as an electronic notary public must successfully complete the required course of study on electronic notarization provided pursuant to NRS 240.195 and pay the fee charged by the Secretary of State to each person who enrolls in such a course of study. The required course of study on electronic notarization provided pursuant to NRS 240.195 and the fee for that course is in addition to the requirements imposed on the notary public to successfully complete a course of study pursuant to NRS 240.018 and to pay the fee for that course. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.654  Methods of payment of fee for registration; authority of Secretary of State to refuse or revoke registration if method of payment is dishonored or stopped; resubmission of registration after refusal or revocation. (NRS 240.192, 240.206) 1.  A person registering as an electronic notary public must pay the registration fee required by NRS 240.192 and the fee for the course of study provided pursuant to NRS 240.195 using any of the following methods of payment: (a) A credit card. (b) A debit card. (c) The Trust Account for Advance Fees established by the Secretary of State pursuant to NRS 225.165. (d) Any other method of payment used by the Secretary of State for the provision of online services. 2.  If any method of payment submitted by a person to the Secretary of State pursuant to subsection 1 is returned to the Secretary of State or otherwise dishonored upon presentation for payment because the person has insufficient money or credit, or because the person stopped payment on the method of payment, the Secretary of State may refuse to register the person as an electronic notary public or, if the Secretary of State has registered the person as an electronic notary public, immediately revoke the person’s registration. If, pursuant to this subsection, the Secretary of State refuses to register a person as an electronic notary public or revokes the registration of a person as an electronic notary public, the Secretary of State will notify the person of the refusal or revocation. A person whose registration is denied or revoked pursuant to this subsection must resubmit a registration as an electronic notary public pursuant to the provisions of this chapter and chapter 240 of NRS. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.658  Approval of registration; authority of Secretary of State to refuse registration; effective date of registration. (NRS 240.192, 240.206) 1.  If a person who is registering as an electronic notary public satisfies all of the requirements for such a registration pursuant to this chapter and chapter 240 of NRS, the Secretary of State will: (a) Approve the registration of the person as an electronic notary public; (b) Cause the processing system maintained by the Office of the Secretary of State to be updated to indicate the registration of the person as an electronic notary public; and (c) Notify the person that he or she has been registered as an electronic notary public. 2.  If a person who is registering as an electronic notary public does not satisfy all of the requirements for registration set forth in this chapter and chapter 240 of NRS, the Secretary of State may refuse to register the person as an electronic notary public. If the Secretary of State refuses to register a person as an electronic notary public pursuant to this subsection, the Secretary of State will notify the person of the refusal. 3.  The registration of a person as an electronic notary public becomes effective at the time the processing system maintained by the Secretary of State has been updated pursuant to paragraph (b) of subsection 1 to indicate such a registration. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.660  Commission number assigned to notary public retained. (NRS 240.192, 240.206)  A notary public who is registered by the Secretary of State as an electronic notary public retains the commission number assigned by the Secretary of State to the notary public. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.665  Duties of electronic notary public. (NRS 240.206)  An electronic notary public shall take reasonable steps to: 1.  Ensure the integrity, security and authenticity of each electronic notarial act performed by the electronic notary public; 2.  Maintain a secure backup of the electronic journal kept by the electronic notary public in accordance with NRS 240.201; 3.  Maintain a secure backup of each recording of an electronic notarial act performed by the electronic notary public which is made pursuant to NRS 240.1995; and 4.  Ensure that any audio-video communication for the purpose of performing an electronic notarial act is secure from unauthorized access or interception. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.668  Maintenance of record of electronic notarial act. (NRS 240.206)  An electronic notary public shall maintain an accurate and reliable record of each electronic notarial act performed by the electronic notary public. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.670  Electronic notarial act using audio-visual communication: Confirmation of identity of principal. (NRS 240.206) 1.  Before performing an electronic notarial act by means of audio-visual communication, an electronic notary public shall confirm the identity of the principal by: (a) Personal knowledge; (b) The oath of a credible witness who personally knows the principal and the notary public; or (c) Each of the following: (1) Remote presentation by the person of a government-issued identification credential that contains a photograph and the signature of the person; (2) Credential analysis of the government-issued identification credential and the data thereon that satisfies the requirements of NAC 240.695; and (3) A dynamic knowledge-based authentication assessment that satisfies the requirements of NAC 240.697 or identity proofing in accordance with NAC 240.700. 2.  If an electronic notary public is unable to determine that a credential presented by a principal is a valid identification of the principal or is unable to match the physical features of the principal with the credential presented by the principal, the electronic notary public must not take any further action to complete an electronic notarial act by using that credential to confirm the identity of the principal. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.674  Electronic notarial act using audio-video communication: Performance of act for person physically located outside United States. (NRS 240.017, 240.206)  For the purposes of NRS 240.1993, an electronic notarial act using audio-video communication is performed for a person who is physically located outside the United States if the person is physically located outside the geographic boundaries of a state or commonwealth of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.676  Electronic notarial act using audio-video communication: Agreement to performance of act by electronic notary public and principal. (NRS 240.017, 240.1991, 240.206)  An electronic notary public may perform an electronic notarial act using audio-video communication only if the electronic notary public and the principal agree to the performance of the electronic notarial act using audio-video communication. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.678  Electronic notarial act using audio-video communication: Identification of principal and electronic document. (NRS 240.017, 240.1991, 240.206)  An electronic notary public who is performing an electronic notarial act using audio-video communication shall: 1.  Identify the principal in accordance with NAC 240.670; and 2.  Identify the electronic document that is the subject of the electronic notarial act as the document on which the principal executed his or her signature. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.680  Electronic notarial act using audio-video communication: Requirement to restart performance of act under certain circumstances. (NRS 240.017, 240.1991, 240.206) 1.  An electronic notary public who is performing an electronic notarial act using audio-video communication must start the performance of the electronic notarial act from the beginning, including, without limitation, confirming the identity of the principal in accordance with NRS 240.1997 and NAC 240.670, if, at any time during the performance of the electronic notarial act: (a) The principal or the electronic notary public exits the session; (b) The audio-video communication link is broken; or (c) The electronic notary public believes that the process of completing the electronic notarial act has been compromised and cannot be completed because of the resolution or quality of the audio or video transmission, or both. 2.  As used in this section, “session” means the performance of one or more electronic notarial acts using audio-video communication on a single set of electronic documents as a single event by a single electronic notary public with one or more principals and any applicable witness. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.682  Electronic notarial act using audio-video communication: Duty of electronic notary public and solution provider to protect recording and identifying information from unauthorized access. (NRS 240.017, 240.1995, 240.206)  An electronic notary public performing an electronic notarial act using audio-video communication and the solution provider whose electronic notarization solution is used to perform the electronic notarial act using audio-video communication shall ensure that the recording of the electronic notarial act made pursuant to NRS 240.1995 and any personally identifying information disclosed during the performance of the electronic notarial act is protected from unauthorized access. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.684  Electronic notarial act using audio-video communication: Use of solution provider to store electronic journal and recording. (NRS 240.017, 240.1995, 240.201, 240.206) 1.  An electronic notary public may use a solution provider to store the electronic journal of the electronic notary public and the recording made pursuant to NRS 240.1995 of an electronic notarial act performed using audio-video communication if the solution provider has registered with the Secretary of State pursuant to NAC 240.722 and the registration is in active status. 2.  Except as otherwise provided in this subsection, a solution provider that stores the electronic journal of an electronic notary public and the recording made pursuant to NRS 240.1995 of an electronic notarial act performed using audio-video communication must allow the electronic notary public sole control of his or her electronic journal and the recording made pursuant to NRS 240.1995. The solution provider may allow access to the electronic journal of an electronic notary public or a recording made pursuant to NRS 240.1995 if the electronic notary public has authorized such access or the access to the electronic journal or recording is authorized pursuant to this chapter or chapter 240 of NRS. 3.  As used in this section, “sole control” has the meaning ascribed to it in NRS 240.201. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.686  Electronic notarial act using audio-video communication: Availability of recording to certain persons and entities. (NRS 240.017, 240.1995, 240.206)  The recording made pursuant to NRS 240.1995 of an electronic notarial act performed using audio-video communication may be made available: 1.  To the principal for whom the electronic notarial act was performed; 2.  To the Secretary of State; 3.  To a law enforcement or federal, state or local governmental agency in the course of an enforcement action or the performance of any lawful duty; 4.  Pursuant to a court order or subpoena; 5.  To the electronic notary public who performed the electronic notarial act for any purpose set forth in subsections 1 to 4, inclusive; or 6.  To any other person who is authorized by the parties to the electronic notarial act to obtain the recording. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.689  Electronic notarial act using audio-video communication: Access to certain documents and information by employer and solution provider. (NRS 240.017, 240.1995, 240.206)  For any authorized purpose and to ensure compliance with the provisions of this chapter and chapter 240 of NRS governing electronic notarial acts, the employer of an electronic notary public who performs an electronic notarial act using audio-video communication or the solution provider whose electronic notarization solution was used to perform such an electronic notarial act, or both the employer of the electronic notary public and the solution provider, may access: 1.  The electronic seal of the electronic notary public; 2.  The electronic signature of the electronic notary public; 3.  If the electronic notary used an electronic notarization solution to perform the electronic notarial act, the electronic notarization solution; or 4.  The recording made pursuant to NRS 240.1995 of the electronic notarial act. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.695  Requirements for credential analysis to confirm identity of principal. (NRS 240.017, 240.1991, 240.1997, 240.206) 1.  To conduct a credential analysis for the purpose of identifying the principal pursuant to NRS 240.1997 and NAC 240.670 and 240.678, an electronic notary public shall use a reputable third-party vendor or software tool that: (a) Demonstrates a proven credential analysis process that enables the electronic notary public to compare for consistency the information and photograph on a credential presented by a principal and the principal as viewed by the electronic notary public; and (b) Employs a technology that: (1) Requires a credential to pass a test of its authenticity that: (I) Is consistent with sound commercial practices; (II) Uses appropriate technologies to confirm the integrity of visual, physical or cryptographic security features; (III) Uses appropriate technologies to confirm that the credential is not fraudulent or inappropriately modified; and (IV) Uses information held or published by the issuer of the credential or another authoritative source, as available, to confirm the validity of the details of the credential; and (2) Provides the output of the authenticity test to the electronic notary public. 2.  If an electronic notary public is unable to validate a credential presented by a principal or determines that the information and photograph on the credential are not consistent with the principal as viewed by the electronic notary public, the electronic notary public must not: (a) Complete the electronic notarial act; or (b) Make any further attempt to complete an electronic notarial act for the principal by using the credential to confirm the identity of the principal. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.697  Requirements for dynamic knowledge-based authentication assessment to confirm identity of principal. (NRS 240.017, 240.1991, 240.1997, 240.206)  To conduct a dynamic knowledge-based authentication assessment for the purpose of identifying the principal pursuant to NRS 240.1997 and NAC 240.670 and 240.678, an electronic notary public shall use a procedure that: 1.  Requires the principal to: (a) Answer five questions concerning the principal that are drawn from public or private data sources and provide a minimum of five possible answers per question; and (b) Obtain a passing score by answering correctly at least 80 percent of the questions within a period of 2 minutes; 2.  If the principal does not obtain a passing score as required by paragraph (b) of subsection 1, authorizes the principal to make two additional attempts to obtain that passing score with the same electronic notary public within a 48-hour period but at least two of the questions previously answered by the principal must be replaced with different questions each time that the principal makes an additional attempt to obtain the passing score; 3.  Confirms affirmatively whether the principal has correctly answered the questions; and 4.  Keeps confidential the questions asked to the principal and the answers provided by the principal to the questions. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.700  Application by solution provider to conduct identity proofing; authority of Secretary of State upon receipt of application. (NRS 240.017, 240.1991, 240.1997, 240.206) 1.  An electronic notary public may use a solution provider who is registered with the Secretary of State pursuant to NAC 240.720 and 240.722 to confirm the identity of a principal as required by NRS 240.1997 and NAC 240.670 if the solution provider is approved by the Secretary of State to conduct identity proofing. 2.  To apply for approval to conduct identity proofing, an applicant must submit a written application to the Secretary of State that identifies the identity proofing provided by the solution provider and includes evidence sufficient to demonstrate that the identity proofing provided by the solution provider meets or exceeds the accuracy of a dynamic knowledge-based authentication assessment that satisfies the requirements of NAC 240.697. 3.  Upon receipt of an application submitted pursuant to subsection 2, the Secretary of State may: (a) Request additional information from the applicant; (b) Approve the application if the application is complete and the Secretary of State determines that the identity proofing provided by the solution provider meets or exceeds the accuracy of a dynamic knowledge-based authentication assessment that satisfies the requirements of NAC 240.697; or (c) Reject the application if the application is incomplete or the Secretary of State determines that the identify proofing provided by the solution provider does not meet or exceed the accuracy of a dynamic knowledge-based authentication assessment that satisfies the requirements of NAC 240.697. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.705  Information required in electronic seal; electronic document rendered tamper-evident; notation required if audio-video communication used to perform electronic notarial act. (NRS 240.017, 240.199, 240.202, 240.206) 1.  Except as otherwise provided in this section, the electronic seal of an electronic notary public must include the information required to be set forth in a mechanical stamp pursuant to NRS 240.040 and must generally conform to the size and other requirements set forth in NRS 240.040 for a mechanical stamp. 2.  After the electronic seal, electronic signature and electronic notarial certificate are affixed or attached to or logically associated with an electronic document and the electronic notarial act is complete, the electronic document must be rendered tamper-evident. 3.  If an electronic notary public performs an electronic notarial act using audio-video communication, the electronic notary public must include adjacent to the electronic seal or in the electronic notarial certificate a notation indicating that the electronic notarial act was performed using audio-video communication. The notation required by this subsection must be the following statement or a substantially similar statement: “Notarial act performed by audio-video communication.” 4.  As used in this section, “tamper-evident” means that an electronic document on which an electronic notarial act is performed will display evidence of any change made to the electronic document after the performance of the electronic notarial act. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.708  Requirements for electronic journal of electronic notarial acts. (NRS 240.017, 240.201, 240.206)  An electronic journal kept by an electronic notary public pursuant to NRS 240.201: 1.  Must not allow the electronic notary public or any other person to delete a record included in the electronic journal or alter the content or sequence of such a record after the record is entered into the electronic journal; and 2.  Must be securely backed-up by the electronic notary public and the solution provider whose electronic notarization solution was used by the electronic notary public. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.710  Electronic journal must not include identifying information or recording. (NRS 240.017, 240.201, 240.206)  An electronic notary public shall not include in the electronic journal kept by the electronic notary public pursuant to NRS 240.201: 1.  The personally identifying information of any person unless such information is required to be included in the electronic journal pursuant to this chapter or chapter 240 of NRS. 2.  The recording required by NRS 240.1995 for an electronic notarial act performed using audio-video communication. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.712  Inspection of electronic journal. (NRS 240.017, 240.201, 240.206)  An electronic notary public shall allow for the inspection of the electronic journal of the electronic notary public, as required by NRS 240.201. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.720  Solution provider: Registration required; information submitted for registration; confidentiality of certain information. (NRS 240.206) 1.  A person shall not act as a solution provider unless the person is registered with the Secretary of State pursuant to this section and NAC 240.722 and maintains a current state business license issued pursuant to chapter 76 of NRS at all times that an electronic notary public is using the electronic notarization solution of the solution provider. 2.  To register with the Secretary of State as a solution provider, a person must submit a registration to the Secretary of State as an electronic document and include in the registration the following information: (a) The legal name of the solution provider; (b) The type of business organization of the solution provider; (c) The mailing address and the physical address of the solution provider; (d) The name and phone number of a contact person for the solution provider; (e) The name of the electronic notarization solution provided by the solution provider; (f) The name of the provider of the identity proofing, dynamic knowledge-based authentication assessment, credential analysis and digital certificate services for the solution provider; (g) The business identification number assigned by the Secretary of State to the solution provider pursuant to NRS 225.082; (h) A description of the technology used by the solution provider to ensure compliance with the provisions of this chapter and chapter 240 of NRS relating to the performance of electronic notarial acts; (i) The plan of the solution provider for the retention, storage and disposition of documents, electronic journals kept pursuant to NRS 240.201, the recordings required by NRS 240.1995 of electronic notarial acts performed using audio-video communication and any other records pertaining to the performance of an electronic notarial act if, for any reason, the solution provider no longer makes its electronic notarization solution available to electronic notaries public; and (j) A declaration that the electronic notarization solution provided by the solution provider complies with the laws of this State governing electronic notarial acts. 3.  Notwithstanding any other provision of law, the information provided to the Secretary of State pursuant to paragraph (h) of subsection 2 by a person registering with the Secretary of State as a solution provider is confidential proprietary information of the solution provider and is not a public record. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.722  Solution provider: Requirements for registration; notice to Secretary of State of change in electronic notarization solution. (NRS 240.206) 1.  The Secretary of State will register a solution provider if the electronic notarization solution provided by the solution provider meets all of the following requirements: (a) Provides secure access to the electronic notarization solution by password or another secure means that identifies the electronic notary public accessing the electronic notarization solution. (b) Uses a registry of persons registered as electronic notaries public maintained by the Secretary of State, if any, to verify that the registration of an electronic notary public logging into the electronic notarization solution to perform an electronic notarial act is in active status and prohibits a person whose registration as an electronic notary public is not in active status, as indicated in the registry maintained by the Secretary of State, if any, from beginning or completing an electronic notarial act using the electronic notarization solution. (c) Provides for uninterrupted, continuous and simultaneous audio-video communication between an electronic notary public and a principal. (d) Provides audio-video communication with a video resolution and audio quality that ensures that: (1) An electronic notary public and a principal are able to see, hear and communicate with each other in real time; and (2) An electronic notary public is able to match the appearance of a principal with the credential presented by the principal. (e) Provides a secure communication link for audio-video communication that ensures that only the parties to an electronic notarial act and those persons authorized by each party to the electronic notarial act are part of the audio-video communication. (f) Provides an electronic journal of electronic notarial acts that complies with the provisions of this chapter and chapter 240 of NRS governing the requirement for an electronic notary public to keep an electronic journal of each electronic notarial act. (g) Provides for the recording of an electronic notarial act performed by audio-video communication that complies with NRS 240.1995 and NAC 240.682 to 240.689, inclusive, and that is of sufficient quality to ensure verification of the recorded electronic notarial act. (h) Is capable of confirming that an electronic document presented for the performance of an electronic notarial act is the same electronic document on which the electronic notarial act was performed. (i) Enables an electronic notary public to affix the wording of a notarial certificate required by NRS 240.1655, 240.166 to 240.167, inclusive, 240.1685 or 240.169, as applicable, and the electronic notary seal of the electronic notary public. (j) Enables a person viewing an electronic document on which an electronic notarial act was performed to view the electronic signature and electronic seal of the electronic notary public who performed the electronic notarial act. (k) Provides a method for determining whether an electronic document on which an electronic notarial act was performed has been altered after the electronic seal of the electronic notary public who performed the electronic notarial act has been affixed to the electronic document and the electronic notarial act was completed. (l) Prevents unauthorized access to: (1) An audio-video communication between an electronic notary public and a principal; (2) The recording of an electronic notarial act required by NRS 240.1995 for an electronic notarial act performed using audio-video communication; (3) Any personally identifying information used in a credential analysis, in identity proofing or in any other part of an audio-video communication, including, without limitation: (I) A method of credential analysis and the output of that analysis; (II) Any credential presented to an electronic notary public; (III) The questions and answers used to conduct a dynamic knowledge-based authentication assessment pursuant to NRS 240.1997 and NAC 240.697; (IV) Birthdates; and (V) Social security numbers; and (4) The electronic document on which an electronic notarial act was performed. (m) Provides a method for generating a paper copy of the electronic journal of an electronic notary public and an electronic document on which an electronic notarial act was performed, including, without limitation, the electronic notarial certificate for the electronic document, the electronic signature and electronic seal of the electronic notary public who performed the electronic notarial act and any other document associated with the electronic document. 2.  If there is any change in an electronic notarization solution provided by a solution provider that affects the ability of an electronic notary public to comply with the requirements of this chapter or chapter 240 of NRS when performing an electronic notarial act, the solution provider must notify the Secretary of State of the change. Upon receiving notice of the change, the Secretary of State will determine whether the electronic notarization solution continues to satisfy the requirements of this chapter and chapter 240 of NRS. If the Secretary of State determines that the electronic notarization solution no longer satisfies the requirement of this chapter and chapter 240 of NRS, an electronic notary public must not use the electronic notarization solution to perform an electronic notarial act in this State. 3.  As used in this section, “real time” means the actual span of uninterrupted, simultaneous communication during which all parts of an electronic notarial act using audio-video communication occur. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.725  Solution provider: Duty to ensure electronic notary public is registered and complies with requirements. (NRS 240.017, 240.206)  A solution provider shall take reasonable steps to ensure that an electronic notary public using its electronic notarization solution is registered with the Secretary of State and is in compliance with the requirements of this chapter and chapter 240 of NRS for the performance of an electronic notarial act. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.730  Electronic notary public: Prohibited acts. (NRS 240.206)  An electronic notary public shall not: 1.  Engage in any act prohibited by NRS 240.075. 2.  Perform an electronic notarial act using audio-video communication while the electronic notary public is at a location outside this State. 3.  Fail to record an electronic notarial act performed using audio-video communication as required by NRS 240.1995 or fail to keep such a recording in accordance with the requirements of NRS 240.1995. 4.  Use an electronic seal or digital certificate that is invalid or fails to meet the requirements of this chapter or chapter 240 of NRS during the performance of an electronic notarial act. 5.  Fail to notify the Secretary of State of a change in his or her electronic seal or digital certificate. 6.  Use his or her electronic seal, alone or together with his or her electronic signature, except in the performance of an electronic notarial act. 7.  Allow unauthorized access to the electronic journal kept by the electronic notary public pursuant to NRS 240.201, his or her electronic signature or his or her digital certificate, or to the electronic notarization solution used by the electronic notary public to perform an electronic notarial act. 8.  Violate any other provision of this chapter or chapter 240 of NRS relating to the performance of an electronic notarial act. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019) NAC 240.735  Penalties, prohibitions, liabilities, sanctions and remedies. (NRS 240.206)  The penalties, prohibitions, liabilities, sanctions and remedies for the improper performance of an electronic notarial act are the same as provided by law for the improper performance of a notarial act that is not an electronic notarial act. (Added to NAC by Sec’y of State by R065-19, eff. 12-30-2019)

What it Means to be a Public Official Notaries are public officials appointed by the governments of the 50 U.S. states, the District of Columbia and the five U.S. territories to serve their citizens as trusted, impartial witnesses to document signings. A Notary's geographic authority to perform notarizations is strictly limited to the boundaries of the appointing state or jurisdiction and to the term of the commission, which may vary from two to 10 years. They must also uphold the law of the appointing state or jurisdiction. When performing official notarial acts, Notaries are serving the public service on behalf of their state. They cannot violate the law at anyone's request — and that includes employers, clients, friends or family members. Notaries must also be impartial, which means they must never refuse to serve or discriminate in their quality of service, based on an individual's race, nationality, religion, politics, sexual orientation or status as a non-customer. As representatives of the state, Notaries must perform their official duties with respect and seriousness for the public service role they play as a trusted, impartial witness.

The Nevada notary acknowledgement for power of attorney is the accepted format with which a notary can verify the identity and authority of an individual who has been given power of attorney to sign on behalf of another individual or entity. Notary acknowledgements are most often required for documents including property transfers, deeds, living trusts, and wills. After confirming the signer’s identity, the notary public will furnish the acknowledgement form with their notary seal, title, and rank. Laws – NRS Chapter 240.1667 How to Notarize POWER OF ATTORNEY in Nevada NV Senate Bill 314 Notary Law Update: NV Senate Bill 314 State: Nevada Summary: Nevada enacts the Uniform Power of Attorney Act (UPOAA). If a power of attorney is presented for notarization, a Notary will need to know that a signer may sign the power of attorney or may direct another person to sign it for him or her. The Act doesn’t require a power of attorney to be notarized, but a court will presume the signature to be genuine if it is acknowledged before a Notary or an officer authorized to take acknowledgments. Senate Bill 314 also enacts rules governing health care powers, which are required to be either acknowledged before a Notary or witnessed by two persons who watched the principal sign. Signed: October 01, 2009 Effective: May 11, 2009 The following format and wording is sufficient for an acknowledgment containing a power of attorney: State of Nevada County of ________________ This instrument was acknowledged before me on ____[DATE]___ by ________[NAME OF PERSON RECEIVING POWER OF ATTORNEY]_______ as attorney in fact for ________[NAME OF PRINCIPAL]_______. ________________________ (Notary stamp) (Signature of notarial officer)

REQUIRING PERSONAL APPEARANCE & REVIEWING THE DOCUMENTS😀 UNDERSTAND THE IMPORTANCE OF PERSONAL APPEARANCE KNOW HOW TO REVIEW A DOCUMENT. . TO BE SURE IT'S OK TO NOTARIZE. . TO FIND OUT WHAT KIND OF NOTARIZATION TO DO. . TO GET THE INFORMATION FOR YOUR NOTARY JOURNAL. REQUIRE PERSONAL APPEARANCE SIGNERS MUST PERSONALLY APPEAR ONLY WAY TO VERIFY SIGNERS: . ARE WHO THEY SAY THEY ARE . ARE SIGNING OF THEIR OWN FREE WILL . ARE AWARE OF WHAT'S HAPPENING WHAT IS PERSONAL APPEARANCE . PERSONAL APPEARANCE MEANS FACE TO FACE IN THE SAME ROOM . SINGERS CAN'T APPEAR OVER THE PHONE, VIA EMAIL OR FROM THEIR OFFICE DOWN THE HALL. WHAT IS PERSONAL APPEARANCE FOR REMOTE ONLINE NOTARIZATION (RON) THE NOTARIAL OFFICER AND SIGNER MEET VIA VIDEO & AUDIO THRU A TECHNOLOGY SOFTWARE PLATFORM APPROVED BY THE STATE. THEY MEET ONLINE LIKE ZOOM. EVERY CERTIFICATE SAYS THE SIGNER PERSONALLY APPEARED AT THE TIME OF THE NOTARIZATION. IF YOU NOTARIZE WITHOUT PERSONAL APPEARANCE: . YOU'RE ISSUING A FALSE CERTIFICATE . YOU CAN'T VERIFY YOUR SIGNER'S IDENTITY, WILLINGNESS, OR AWARENESS REVIEW THE DOCUMENT: DO'S . OK TO NOTARIZE . WHAT KIND OF NOTARIZATION . INFORMATION FOR YOUR JOURNAL REVIEW THE DOCUMENT: DON'TS . DON'T READ YOUR SIGNER'S DOCUMENT INCOMPLETE DOCUMENTS BE SURE THE DOCUMENT IS COMPLETE . NO MISSING PAGES . NO BLANK SPACES. YOU JUST BRIEFLY SCAN THE DOCUMENT THAT IS IT. REVIEW THE NOTARY CERTIFICATE . THE NOTARY CERTIFICATE TELLS YOU WHAT TYPE OF NOTARIZATION TO DO. REVIEW THE NOTARY CERTIFICATE IF THERE IS NO CERTIFICATE, ASK THE SIGNER WHAT TYPE OF NOTARIZATION IS NEEDED. REVIEW THE NOTARY CERTIFICATE CHOOSING THE NOTARIZATION CAN HAVE LEGAL CONSEQUENCES. IF YOU CHOOSE OR SUGGEST THE CERTIFICATE, YOU'RE ENGAGING IN THE UNAUTHORIZED PRACTICE OF LAW, WHICH IS ILLEGAL. YOU COULD BE LIABLE FOR FINANCIAL DAMAGES CAUSED BY YOUR MISTAKE. REVIEW THE NOTARY CERTIFICATE MAKE SURE THE SIGNATURE IS AN ORIGINAL, OR YOU CAN'T NOTARIZE IT. STAMPED , PHOTOCOPIED, OR FAXED SIGNATURES ARE NOT OK. CHECK TO SEE IF THE DOCUMENT HAS A TITLE OR A DATE. YOU'LL NEED THAT INFORMATION FOR YOUR JOURNAL.

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. Ê The notary public may charge a minimum of 2 hours for such travel and shall charge on a pro rata basis after the first 2 hours. 4.  A notary public is entitled to charge the amount of the additional fee agreed to in advance by the person requesting the notarial act pursuant to subsection 3 if: (a) The person requesting the notarial act cancels the request after the notary public begins his or her travel to perform the requested notarial act. (b) The notary public is unable to perform the requested notarial act as a result of the actions of the person who requested the notarial act or any other person who is necessary for the performance of the notarial act. 5.  For each additional fee that a notary public charges for traveling to perform a notarial act pursuant to subsection 3, the notary public shall enter in the journal that he or she keeps pursuant to NRS 240.120: (a) The amount of the fee; and (b) The date and time that the notary public began and ended such travel.

SCREENING THE SIGNER & VERIFYING THE FACTS When your FINISHED this lesson you will: ... be able to explain the importance of direct communication. ...know how to SCREEN signers for willingness, awareness and IDENTITY. ... be able to describe the different id methods and know how to use them. ...have a basic understanding of what is means to verify the facts.

NRS 240.197  Fees for services; additional fees for travel expenses; electronic notarial acts performed within and outside scope of employment; exceptions. 1.  Except as otherwise provided in this section: (a) An electronic notary public may charge the following fees: (1) For taking an acknowledgment, for each signature................................... $25 (2) For executing a jurat, for each signature..................................................... $25 (3) For administering an oath or affirmation.................................................... $25 (b) An electronic notary public shall not charge a fee to perform an electronic notarial act unless he or she is authorized to charge a fee for such an electronic notarial act pursuant to this section. (c) All fees prescribed in this section are payable in advance, if demanded. (d) An electronic notary public may charge an additional fee for traveling to perform an electronic notarial act if: (1) The person requesting the electronic notarial act asks the electronic notary public to travel; (2) The electronic notary public explains to the person requesting the electronic notarial act that the fee for travel is in addition to the fee authorized in paragraph (a) and is not required by law; (3) The person requesting the electronic notarial act agrees in advance upon the hourly rate that the electronic notary public will charge for the additional fee for travel; and (4) The additional fee for travel does not exceed: (I) If the person requesting the electronic notarial act asks the electronic notary public to travel between the hours of 6 a.m. and 7 p.m., $10 per hour. (II) If the person requesting the electronic notarial act asks the electronic notary public to travel between the hours of 7 p.m. and 6 a.m., $25 per hour. Ê The electronic notary public may charge a minimum of 2 hours for such travel and shall charge on a pro rata basis after the first 2 hours. (e) An electronic notary public is entitled to charge the amount of the additional fee for travel agreed to in advance by the person requesting the electronic notarial act pursuant to paragraph (d) if: (1) The person requesting the electronic notarial act cancels the request after the electronic notary public begins traveling to perform the requested electronic notarial act. (2) The electronic notary public is unable to perform the requested electronic notarial act as a result of the actions of the person who requested the electronic notarial act or any other person who is necessary for the performance of the electronic notarial act. (f) For each additional fee for travel that an electronic notary public charges pursuant to paragraph (d), the electronic notary public shall enter in the electronic journal that he or she keeps pursuant to NRS 240.201: (1) The amount of the fee; and (2) The date and time that the electronic notary public began and ended such travel. (g) An electronic notary public may charge a reasonable fee to recover any cost of providing a copy of an entry or a recording of an audio-video communication in an electronic journal maintained pursuant to NRS 240.201. 2.  A person who employs an electronic notary public may prohibit the electronic notary public from charging a fee for an electronic notarial act that the electronic notary public performs within the scope of the employment. Such a person shall not require the electronic notary public whom the person employs to surrender to the person all or part of a fee charged by the electronic notary public for an electronic notarial act performed outside the scope of the employment of the electronic notary public. 3.  An electronic notary public who is an officer or employee of the State or a local government shall not charge a fee for an electronic notarial act that the electronic notary public performs within the scope of such employment. 4.  This section does not apply to any compensation for services provided by an electronic notary public which do not constitute electronic notarial acts or comply with the other requirements of this chapter. (Added to NRS by 2009, 3022; A 2017, 3452; 2019, 30)