ELECTRONIC NOTARY PUBLIC ENABLING ACT
NRS 240.181 Short title. NRS 240.181 to 240.206, inclusive, may be cited as the Electronic Notarization Enabling Act. 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 Revised 5/25/2022 -35- the meanings ascribed to them in those sections. 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. NRS 240.1823 “Credential” defined. “Credential” means a tangible record evidencing the identity of a person. 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. NRS 240.183 “Electronic” defined. “Electronic” means of or relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. NRS 240.184 “Electronic document” defined. “Electronic document” means a document that is created, generated, sent, communicated, received or stored by electronic means. 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. 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. 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. 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. 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 Revised 5/25/2022 -36- 2. In a different physical location from another person but able to see, hear and communicate with the person by means of audio-video communication that meets any rules or regulations adopted by the Secretary of State. NRS 240.189 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. 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. NRS 240.192 Registration; oath and bond; fee. 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 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. (d) Any other information required pursuant to any rules or regulations adopted by the Revised 5/25/2022 -37- 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. NRS 240.193 Requirements for bond; notification of exhaustion of penal sum; release of surety; suspension of appointment; reinstatement of appointment. Repealed. 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. 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 Revised 5/25/2022 -38- 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. 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. 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. Revised 5/25/2022 -39- 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. 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. 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. 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 Revised 5/25/2022 -40- 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. 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, 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. 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; Revised 5/25/2022 -41- (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. 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)) 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 audiovideo 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. 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 Revised 5/25/2022 -42- (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. 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: (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. 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 Revised 5/25/2022 -43- 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. 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. 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 Revised 5/25/2022 -44- 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. 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. 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: Revised 5/25/2022 -45- (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. 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. 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. 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 Revised 5/25/2022 -46- 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, is guilty of a category C felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years, and may be further punished by a fine of not more than $5,000. 5. The Secretary of State may adopt regulations to carry out the provisions of this section. NRS 240.206 Regulations. The Secretary of State may adopt regulations to carry out the provisions of NRS 240.181 to 240.206, inclusive. TITLE 59. ELECTRONIC RECORDS AND TRANSACTIONS CHAPTER 719. ELECTRONIC TRANSACTIONS (UNIFORM ACT) NRS 719.280 Notarization and acknowledgment. If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
Comments