The 5 most influential Model Notary Act provisions This article is the second in a series of articles celebrating the 50th anniversary of the publication of the Model Notary Act. For more about Notary law history, please see part 1, “5 important first Notary laws.” We’ve been reflecting on the accomplishments of the Model Notary Act (MNA) over the last 50 years. We’ve done that by counting the states that have enacted the MNA and creating an adoption map. Equally as important, we’ve reflected on the MNA’s influence in intangible ways affecting change in Notary laws and standards of practice. The MNA’s effect can’t be measured by counting wins posted on a map. Instead, its impact must be evaluated in how it shaped the discussions and trends that led to progressive change in Notary laws. The 5 provisions of the MNA that we will discuss in this article demonstrate the influence of the MNA over the last half-century. Signer mental competence The NNA believes that a Notary assessing a signer’s mental competence before performing a notarial act is so fundamental to the integrity of a notarial act that no conscientious Notary would perform a notarization for anyone who lacked it. In 2002, when a requirement for the Notary to assess a signer’s mental competence first appeared in the MNA, only two states had laws predating it. It was a fringe issue that people were just beginning to discuss. Many questioned whether the average Notary could ascertain a signer’s mental awareness without medical, psychological, or legal training. Some believed it was a needless expansion of the Notary’s authority. North Carolina and New Mexico enacted statutes based on the 2002 MNA signer competence provision, but it wasn’t until 2010 that the issue hit a tipping point. 2010 was when the Revised Uniform Law on Notarial Acts (RULONA) was published. The RULONA included a provision that permitted a Notary to refuse to notarize for a signer who is not mentally competent. In contrast, the MNA prohibited the Notary from performing the notarization in the first place. To date, the RULONA signer competence provision has been enacted in over half of all states and the District of Columbia. Even though the RULONA provision has proven more popular, the MNA laid the groundwork by bringing national attention to the issue in 2002, when only two states had considered it. Notary education and testing The 1984 MNA first included a mandatory examination requirement as a qualification for a Notary commission. In the 1980s, New York and California formally proctored examinations for Notaries, and North Carolina enacted a new Notary training requirement. But they were outliers. The 2002 MNA was the first model or uniform Notary act to add a training requirement for traditional paper and in-person electronic notarizations. But it wasn’t until remote online notarization began to take off in 2012 that states, fearing consumers faced heightened risks from the new technology, saw the need for Notaries to be trained. There were 10 states with mandatory training laws in 2012. From 2016-2022, 20 more were added. The MNA’s influence in sowing the seeds of change decades earlier finally took hold. Looking back, the MNA’s vision in mandating training for in-person electronic notarization likely contributed most significantly to the change. Notary recordkeeping Our first article in this series — 5 important “first” Notary laws — chronicles how keeping records of notarizations has been in the DNA of Notaries from our nation’s colonial times. Sadly, in the centuries that followed, most states came to view Notary recordkeeping as an outdated practice and removed recordkeeping laws from their statutes. The NNA’s first model statute, the Uniform Notary Law of 1973, called for the Notary community to recommit to the practice of documenting notarial acts. Still, most lawmakers considered Notary journal laws to be excessive regulation that only increased business costs. But like mandatory Notary training, the return of Notary recordkeeping laws was jumpstarted by technology-based notarization. Suddenly lawmakers saw Notary recordkeeping as essential consumer protection. Before 2012, 15 states required Notary journals for traditional notarial acts and 8 for in-person electronic notarizations. There have been 60 journal enactments since — 36 for remote notarization alone — and states with remote notarization laws almost unanimously require Notaries to make an audio-visual recording for each remote notarization. This change was only possible with the consistent influence of NNA model acts promoting the benefits of Notary recordkeeping for several decades. Notary conflicts of interest The impartiality of a Notary Public is the bedrock of a notarial act. Conflicts of interest, such as notarizing one’s own signature, undermine the objectivity required of a Notary and tempt the Notary away from strictly following proper notarial rules. Most early Notary conflict of interest statutes centered mostly on clarifying when Notary-employees of banks and corporations could notarize for its stockholders, officers, or employees. Then, the NNA’s 1973 Uniform Notary Law disqualified the Notary from performing a notarial act for personal conflicts of interest. These included when the Notary was named individually in a transaction and received a direct financial benefit more than the fee for the notarial act. The NNA’s 1984 act (renamed the Model Notary Act) added relational conflicts of interest — notarizing for a spouse, sibling, or direct ancestor or descendant of the Notary. States began to amend their statutes with conflict of interest rules starting in the late 1970s. Today, most states now contain these essential provisions. Once again, NNA model acts influenced the enactment of these laws, even if the words did not come directly from them. Employer liability Most of the 4.4 million Notaries counted in the NNA 2022 Notary census become Notaries to perform notarizations at work. To receive their Notary commission, they have sworn an oath to follow the law when they notarize. As employees, they are answerable to a supervisor. Sometimes these two accountabilities clash, squeezing the Notary-employee in the middle. Suppose a supervisor directs them to notarize a forgery. In that case, the Notary-employee is put in the difficult spot of choosing to follow the law or disobeying a superior and possibly being fired. This is why the NNA’s 1973 Uniform Notary Law created an employer liability provision for Notary-employee official misconduct. An employer would be liable for a Notary-employee’s misconduct if the Notary-employee were acting within the scope of employment while performing the notarial act and the employer consented to the Notary’s official misconduct. Subsequent NNA model acts expanded the scope of an employer’s liability and made the employer liable to the Notary-employee for damages incurred from these improper notarizations. Eight states currently have an employer liability statute like the MNA. Of the 5 MNA provisions surveyed in this article, the NNA believes this employer liability provision could influence future enactments because employee rights and protections are very much a part of the current national debate post-COVID-19, and legislators are looking for positive solutions.

22 Ways To Make Money As A Notary “How can I make money as a Notary?” That’s one of the most common questions I hear from Notaries. Whether you’re a new Notary or a seasoned signing agent, here is a list of things you can do right now to boost your brand, make yourself known to more customers and earn more money as a Notary: 1. Tell people that you are a Notary. This sounds so simple, but if you were to survey half the people you encounter each day, many of them do not know that you are a Notary who can help them. 2. Hand out promotional pens. Make promotional pens with your business logo and and hand them out to bank tellers, post office clerks, insurance agents, financial advisors, FedEx/UPS personnel, restaurant staff, grocery cashiers and everywhere else you visit that sees a large group of people during the day that can use your service. You will be surprised at how much business you will receive by doing this. 3. Attend networking meetings in your area. Business and trade events are excellent opportunities to promote your Notary commission with other professionals. 4. Join your local Chamber of Commerce. Attending Chamber of Commerce meetings regularly adds credibility to your business and your branding strategy. I would highly recommend volunteering for the Membership Committee and attending Ribbon Cutting Events for new businesses opening in your area. This will allow you to welcome the new business owners to the area and gives you yet another opportunity to share your services. 5. Provide free notarizations for local schools. It keeps your business in the minds of your community and affects the civic-minded parents in your area. 6. Offer free notarizations for veterans. Offering free services to veterans, such as members of the American Legion and Veterans of Foreign Wars, is a great way to give back to veterans and local leadership. 7. Organize a community shred day. I am currently organizing one of these, and I’m surprised at how many people have expressed an interest in participating. (National Shred Days raise awareness of identity fraud.) 8. Co-sponsor financial literacy seminars. This is a lot easier than you might think. Simply contact a business professional in these areas from a bank, real estate agency or other local financial service to host the event. You do all the (social media) marketing and they provide the expertise. This will be a win-win for all that involved. 9. Offer seminars about identity theft. As Notaries, we are experts in our local area when it comes to identity, and this allows you to build an “expert” reputation in your community. 10. Advertise your holiday schedule. Whether it’s Columbus Day, Labor Day, President’s Day or others, and all the banks and credit unions are closed. Usually on holidays, I receive the largest volume of calls for notarizations because people simply can’t find anyone else. 11. Network with local mail delivery services. At this time, FedEx stores are not offering Notary services, and many UPS stores only offer limited service. Connecting with UPS and FedEx store managers is a good way to find assignments. After receiving referrals, I have conducted Notary assignments for each. 12. Have logo shirts made and wear them to local events. This is a great way to advertise that you are in the Notary business. 13. Join a Notary professional organization. Joining an organization like the NNA offers opportunities to stay in touch with the latest changes in the industry and new marketing prospects. 14. Network with other Notaries in your area. This is one of the most important things you can do to build your business. Professional Notaries network with other Notaries in surrounding towns in order to build their clientele. 15. Post a profile on Notary websites. Doing this is like broadcasting your business with a megaphone to clients who use Notaries on a regular basis. Signingagent.com is an excellent example of a website where professional Notaries who have completed the NNA's certification course can post their profile. Make sure to include a professional picture in your profile when possible. 16. Find a mentor. Having a business mentor will not only help you make more money as a Notary, but will also help keep you from making major business mistakes. 17. Become a mentor to another Notary. I have personally grown as a professional after becoming a mentor, and this role has helped me build a more holistic, well-integrated business. 18. Develop a business page on social media. Creating a business page on Facebook, Twitter or LinkedIn and inviting people to your page is extremely important to your business. It will build your professional network and can drive your business into increased profits and success. Feel free to invite me to your pages. 19. Follow up with your existing customers. This is an often overlooked must-do, but maintaining and managing relationships with your existing customers is one key to your success. 20. Attend professional conferences and workshops. I attended my first National Notary Association Conference several years ago in Las Vegas, and have attended every one since. I cannot stress how important it is to be in attendance each and every year to learn from the very best in the industry. It has helped me to grow my business and partner with some of the best in the field. What you will learn at these events will eliminate years of struggling as a notary entrepreneur. 21. Start accepting credit cards as payment. Accepting all forms of payment opens more doors and revenue streams for your Notary business. 22. Place a large sign or Notary business logo on your car. Notaries around the country frequently do this and report great successes. Implementing just a few of these techniques is well worth the effort and will help you strategically grow your business.

Mobile Notaries have busy days and slow days. On slow days it’s important to prepare for upcoming busy days. Here are some preparedness tips I’ve learned over the years — often through hard life lessons. Following them will help you be a more successful NSA and save you a lot of stress. 1. Dress for success Whether I have appointments to go out for or don’t, I find that showering, dressing in business casual attire (pajamas and workout clothes don’t count), and putting myself together for the workday helps me feel in the mindset for being successful and makes for a more productive day. Plus, you never know what might come up. If you get a call for a last minute signing and they need you there ASAP, you won’t have the 20-30 minutes to shower and get ready because you’ll need to print documents and get out the door. 2. Fill ‘er up You look down and see the ‘E’ light up, but it’s been a long busy day, you’re tired and you think to yourself, “Oh… I’ll just get gas tomorrow.” Don’t wait, trust me. Tomorrow will come and unexpectedly you are slammed with appointments and barely have time to stop for gas. The next thing you know the 10 minutes it takes you to get gas you could have used to swing home and print some documents for another appointment that day. Getting gas when you have time not only saves you stress, it’s safer…you don’t want to end up stuck on empty. 3. Always have supplies in your car FedEx and UPS envelopes, folders, pens, tape, business cards, and a small stapler are all examples of supplies I leave in my car. Having these available while on the road is so handy. If you don’t have a smartphone with a scanner app, a mobile scanner can also be very helpful tool to have in your car. Don’t wait until you’re out of paper or print ink to get more. I recommend having at least one extra ink cartridge and box of paper on hand. (Mobile Notaries concerned about COVID-19 or other possible health concerns may also wish to bring and use personal protective equipment such as masks and surgical gloves to reduce the risk of contagion during in-person notarizations. Other health safety supplies mobile Notaries can carry are portable hand sanitizer bottles and single-use thumbprint kits if thumbprints are required during the notarization. — The Editors) 4. Prepare for bad weather I live in Florida and deal with frequent heavy rains. I’ve learned to leave a raincoat and umbrella in my car. I also keep a small “emergency” umbrella in my Notary bag in case it starts raining while I’m in a meeting. Dealing with papers on a rainy day is difficult but dealing with papers on a rainy day with no umbrella or raincoat is awful. Whether you’re dealing with rain, sleet, or snow it really helps to have weather-appropriate gear available while on the road. 5. Keep jumper cables and a battery starter handy The last thing you want is to have a dead car battery and no way to get your car started. This happened to me last year when I was in a very remote area. No one had jumper cables and I ended up waiting until midnight (4 hours) for a tow truck; it was awful. Since then I purchased jumper cables and a battery starter kit. I leave both in my trunk, just in case. Whether you’re a newbie Notary or a seasoned Notary, I hope these tips help you and save you some trouble. I’m always looking for ways to make the hectic life of a NSA more efficient, do you have any preparedness tips that help you as a NSA? Amanda Doumanian Reeves has worked as a mobile Notary in Tallahassee, Florida, for more than five years and helps run a thriving business, A Notary on the Go, with her family.

Requirements to receive a Notary commission are becoming stricter and more difficult in many states. Read on to find out which states have the most challenging state Notary tests and find helpful links to resources to help new and renewing Notaries pass these exams. Louisiana Because of Louisiana's unique civil law codes, the state's Notaries have duties and testing requirements different and more difficult than any other state in the U.S. Applicants must take and pass the statewide Notary examination but are exempted if they are attorneys licensed to practice law in Louisiana. The examination is given twice a year on the first Saturday in June and December, is in three parts (scenario, research and multiple-choice components, all of which must be passed) and lasts about five hours. It is administered at regional test centers. Nonattorney applicants must also take a pre-assessment test administered by the Secretary of State to determine the probability that the applicant will pass the statewide exam. Helpful Resources For Louisiana's Exam: The Louisiana Secretary of State's office has information on becoming a Notary and offers exam study materials for purchase. New York New York has one of the toughest tests to become a Notary. The Empire State requires Notary applicants to take and pass an exam in order to receive a commission. However, the state does not require any training so applicants are on their own to learn the material covered in the exam. Applicants have one hour to complete the exam, and the tests are closely monitored: No notes, books or reference aids are permitted, and all electronic devices must be turned off during the exam. Helpful Resources For New York's Exam: The state Division of Licensing publishes an online schedule of New York Notary exam times and locations. The NNA offers an online course with material to help you prepare for and pass the New York Notary exam. California California has some of the most stringent application requirements for Notaries in the U.S. — including a required education course and background check — and the mandatory exam is among the most challenging in any state. The test, based on the state's Notary Public Handbook, is proctored, and applicants must score at least 70 in order to receive a California commission. Renewing Notaries must also take the exam again each time they wish to renew their commission. Helpful Resources For California's Exam: Exam questions are based on California's Notary Public Handbook, available online through the Secretary of State's website. The NNA also offers live and online training seminars for California Notaries with the option of taking the exam at the end of the seminar. California Notary Exam Prep Course Available: The NNA also offers a California Notary Exam Prep Class designed for all new or renewing Notaries who have recently completed their 6-hour or 3-hour California Mandatory Online Training. The 90-minute refresher course covers the toughest topics included on the California Notary Exam, and offers attendees the opportunity for a live Q&A session with an NNA Certified Instructor. (For more information, call 888-896-6827.) North Carolina North Carolina requires new commission applicants to take a mandatory training course and pass an exam with a minimum score of 80 percent — among the highest required passing scores for Notaries in the country. Applicants for recommissioning must pass an examination for each subsequent commission. Attorneys who are licensed members of the North Carolina State Bar are exempt from the mandatory course and examination requirements. Standards for the recommissioning test are stringent. An applicant has 30 minutes to complete the test. If the applicant fails the first test, two re-takes are allowed within 30 days of the date the first exam was taken. If the applicant fails to pass the exam within 30 days, the application for a commission will be denied.

5 tips for Notaries charging travel fees Mobile Notaries often ask if they can charge additional fees for travel when they must drive to a notarization assignment. Before you charge any travel fees, here are five important tips: 1. Travel fees are separate from notarization fees. Fees for notarizations are regulated by state law. But travel fees are separate from the notarization fee, and you need to treat them as such. If the maximum fee your state allows for an acknowledgment is $5 and a signer asks you to drive to their town, you could charge a maximum of $5 for the notarial act, but the amount for driving to the signer's location would have to remain separate and shouldn't be lumped together with the notarization fee. If your state law specifies how much you may charge for a travel fee, you should follow those guidelines. For example, Maryland allows Notaries to charge up to the approved federal mileage rate (65.5 cents per mile for January-July 2023), plus a flat fee of $5 for travel. Nevada permits Notaries to charge a separate travel fee if agreed upon in advance with the signer prior to the notarization. Nevada permits a maximum travel fee rate of $15 per hour ($10 per hour for an electronic notarization) for travel between the hours of 6 a.m. and 7 p.m. or $30 per hour ($25 per hour for an electronic notarization) for travel between 7 p.m. and 6 a.m. The Nevada Notary may charge a minimum of two hours for such travel and must charge on a pro-rata basis after the first two hours. Also, Nevada law states that once a Notary and signer agree on a travel fee, the Notary is entitled to the fee even if the signer cancels the notarization while the Notary is in transit to the appointment or if the Notary cannot complete the notarization due to the signer’s actions. 2. Agree on the travel fee in advance. Whether your state sets the amount Notaries may charge for travel or does not regulate travel fees (such as Texas), it's always a good practice to agree upon the amount with the signer before the notarization takes place. Some state officials provide guidelines for notifying customers about travel fees. In California, the Secretary of State's office has published the following guidelines in its newsletter: “A notary is permitted to charge a fee, aside from the notarization fee, for traveling and other services completed as part of their notarial service, such as duplication of copies, provided that the customer is apprised of these charges in advance” (Notary News, 2000). Other states set rules for charging travel fees in their laws: South Carolina does not set specific travel fees but does require the Notary and signer to agree on the fee in advance. The Notary must also explain to the signer the travel fee is separate from the notarization fee and the travel fee is not set or required by law. Montana requires the Notary to explain to the signer that the travel fee is in addition to the Notary fee and that the travel fee is not set by law. The travel fee charged must be equal or less than the federal mileage rate set by the IRS (see Maryland information above). Even if your state does not require it, agreeing on the amount of the travel fee up front helps eliminate confusion about the payment. You can do this when the signer contacts you to set up the appointment, or later when confirming the time and meeting place. As mentioned above, make it clear to the signer that the travel fee is separate from the fee you charge for the notarial act. If your state requires you to post or present your fee in writing, make sure to include the travel fee in your fee schedule. 3. Explain your policy if the notarization is not completed. You should also let the signer know in advance your policy regarding charging travel fees if the notarization can’t be completed. For example, do you still charge your travel fee if you arrive at the appointment but the notarization has to be rescheduled or canceled? Or, what if the signer lacks proper ID, preventing you from completing the notarization? Again, follow any laws in your state that address this issue, and be sure to let the signer know the terms of your travel fees beforehand. Clear communication is the best way to avoid any disputes with your signers. 4. Request payment in advance (optional). One possible way to help avoid fee disputes is to request payment of the travel fee in advance. That way, you are sure to receive payment for your driving time and fuel expenses even if the notarization cannot be completed. Before doing so, check to see if your state has any rules regarding asking for payment in advance. 5. Record the travel fee. If required by your state's law (such as in Nevada), be sure to record the travel fee in your Notary journal. If your state does not require you to record the travel fee in your journal entry, it is your choice whether to do so or not. It's also a good practice to record the travel fee on any invoice or receipt you provide to the signer. Make sure that the fee amount is clearly identified as “travel” and is listed separately from the notarization fee.

How to fix a bad Notary seal impression Updated 4-10-23. Notaries often ask how to fix a bad seal impression if the ink smears or doesn't show up clearly during a notarization. While illegible Notary seal impressions are a common reason for document rejection, fixing the problem can be simple. Affixing a second Notary seal If your Notary seal should get smudged, be administered too lightly, or come out unevenly inked, affix a second seal near, but not over, the first one. Make sure it is readable and able to be photocopied. In doing so, make sure not to cover or obscure any other text or images on the document. If space is tight, you may turn your seal sideways. However, avoid affixing a sideways seal in the margins of a document, particularly if it is a real property document that must be recorded. Attaching a separate or loose Notary certificate If there is no room to affix a second seal impression, you should attach a completed separate Notary certificate (also known as a loose Notary certificate) with a proper seal impression. If you have to attach a loose certificate, remember to put a line through the previous notarial wording and include a note: “See attached certificate.” The error some Notaries make when fixing a bad impression is attempting to repair the initial impression using some other method, such as pen and ink, or attempting to cross out a smudged image. However, any “tampering” with a seal is not allowed and could cause the document to be rejected. Notary seal tip Before affixing your seal, do a practice run. Making sample impressions on a scrap piece of paper will let you know how much ink to use and how hard to press when affixing the seal. Be sure to destroy your “practice” seal impressions immediately after doing this.

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))

LEGISLATION State: Nevada Signed: May 29, 2013 Effective: October 01, 2013 Chapter: 264 Summary SB 419 authorizes Notaries Public in good standing with the Secretary of State to apply for a certificate of permission to perform marriages with the clerk of the county in which the Notary resides. Upon being granted a certificate, the Notary may perform marriages for any couple who presents a valid marriage license issued by any clerk of a Nevada county. In addition, SB 419 allows Notaries to apply with the county clerk up to five times per year to perform a specific marriage. The authority to perform a specific marriage would be for those Notaries who have not applied for a certificate of permission to perform marriage ceremonies. Affects Amends Sections 122.006, 122.030, 122.050, 122.062, 122.064, 122.066, 122.0665, 122.068, 122.071, 122.090, 122.110, 122.120, 122.181, 122.185, 122.220, 4.060, 240.100 and 240.150 of the Nevada Revised Statutes Changes Authorizes Notaries in good standing with the Secretary of State to perform marriage ceremonies if a couple presents a valid marriage license obtained from the county clerk of any county in Nevada. Requires Notaries who want to perform marriage ceremonies to apply for a certificate of permission with the county clerk of the county in which the Notary resides. Provides that the initial application submitted by a Notary to the county clerk for a certificate of permission must: (a) be in writing; (b) include the date of the appointment of the Notary by the Secretary of State; (c) be accompanied by a verification issued by the Secretary of State within the 3 months immediately preceding the date of the application which states that the applicant has been appointed and in good standing with the Secretary; (d) include the Notary’s Social Security number; and (e) include a $25 application fee. Requires the county clerk to refuse to issue a certificate of permission if the appointment of the Notary is suspended or revoked and states the clerk may refuse to issue a certificate of permission if the Notary has committed any violations of NRS chapter 240. Provides that the county clerk with whom an application for certificate of permission to perform marriages is filed may require an investigation of the Notary’s background and present activities, and require the Notary to pay for the background screening. Provides that the county clerk not later than 30 days after issuing a certificate of permission to a Notary, must submit to the Secretary of State the name of the Notary to whom the certificate has been issued. Provides that if a Notary who holds a certificate of permission changes his or her mailing address, the Notary must submit to the Secretary of State a request for an amended certificate of appointment pursuant to NRS 240.036. Provides that a certificate of permission is valid until the appointment as a Notary has expired or has been canceled, revoked or suspended. Provides that if the county clerk in the county where the certificate of permission was issued has reason to believe that the Notary is no longer in good standing with the Secretary of State or that the Notary’s appointment has expired, the county clerk may require satisfactory proof of the good standing of the Notary, and, if such proof is not presented within 15 days, the county clerk shall revoke the certificate of permission by amending the electronic record of the Notary in the statewide database. Requires a Notary granted a certificate of permission to comply with the laws of Nevada governing the solemnization of marriage and conduct of Notaries. Provides that after the expiration of the Notary’s appointment and upon reception of a new appointment, the Notary may reapply for a certificate of permission to perform marriages, without charge, if the reapplication occurs within 3 months after the expiration of the previous Notary appointment. Provides that if any Notary to whom a certificate of permission has been issued moves from the county in which his or her certificate was issued, the certificate shall expire immediately upon such move. Directs the Secretary of State to include Notaries who are approved to perform marriage ceremonies in the statewide directory of officials authorized to perform marriages. Provides that a Notary may submit to the county clerk in the county in which a marriage is to be performed an application to perform a “specific marriage” in the county, and further provides that the application must: (a) Include the full names and addresses of the persons to be married; (b) include the date and location of the marriage ceremony; (c) include the information and documents required pursuant to subsection 1 of NRS 122.064; and (d) be accompanied by an application fee of $25. Provides that a county clerk may grant authorization to perform a “specific marriage” to a Notary Public, if the Notary is in good standing with the Secretary of State. Provides that a Notary may not receive more than 5 authorizations to perform a specific marriage ceremony in the same year and the Notary must acknowledge that he or she is subject to the jurisdiction of the county clerk with respect to the provisions of NRS chapter 122 governing the conduct of Notaries Public to the same extent as if he or she had obtained a certificate of permission to perform marriages. Provides that a Notary may charge $75 to perform a marriage. Provides that after a marriage is solemnized, the Notary shall give to each couple being married a certificate of marriage. Provides that any Notary marries a couple without the couple presenting a valid marriage license is guilty of a misdemeanor. Provides that if the Secretary of State revokes the commission of a Notary, the Secretary must notify the county clerk who issued the 1. Authorizes Notaries in good standing with the Secretary of State to perform marriage ceremonies if a couple presents a valid marriage license obtained from the county clerk of any county in Nevada. Analysis Senate Bill 419 was the result of a lawsuit filed by the American Civil Liberties Union against Clark County Clerk Diana Alba in 2007 concerning the constitutionality of allowing marriages to be performed by ministers and not by sectarian individuals. Ms. Alba has been trying to resolve that lawsuit by coming up with a compromise and the compromise was to seek the legislature to authorize Notaries Public to perform marriages. The ACLU pledged to drop the lawsuit if SB 419 became law. SB 419 authorizes Notaries Public in good standing with the Secretary of State to apply for a certificate of permission to perform marriages with the clerk of the county in which the Notary resides. Upon being granted a certificate, the Notary may perform marriages for any couple who presents a valid marriage license issued by any clerk of a Nevada county. In addition, SB 419 allows Notaries to apply with the county clerk up to five times per year to perform a specific marriage. The Notary applying to perform a specific marriage must acknowledge that he or she is subject to the jurisdiction of the county clerk with respect to the provisions of NRS 122 governing the conduct of Notaries Public in relation to performing marriages to the same extent as if he or she had obtained a certificate of permission to perform marriages. Read the bill text.

LEGISLATION State: Nevada Signed: June 01, 2013 Effective: January 01, 2014 Chapter: 293 Summary Assembly Bill 99 introduced the Revised Uniform Law on Notarial Acts (RULONA) as adopted by the Uniform Law Commission, but a significant amendment put forward by the Secretary of State kept only certain sections the Secretary’s office thought were most necessary. Affects Adds as yet uncodified sections to and amends Sections 240.001, 240.065, 240.120, 240.1635, 240.165 and 240.1655.1 of the Nevada Revised Statutes Changes Defines “domestic partner,” “Notary Public,” “person” and “state.” Prohibits a Notary from notarizing if the signer of the document acknowledged, sworn to, witnessed or attested is the domestic partner of the Notary, or a relative of the Notary’s domestic partner by marriage or consanguinity. Related to the prohibition against notarizing for relatives, clarifies that a grandparent, parent, brother, sister, half-brother, half-sister, stepbrother or stepsister of the domestic partner of the Notary, and a natural born child, stepchild or adopted child of a sibling or half sibling of the domestic partner of the Notary are properly considered a “relative.” Prohibits a notarial officer other than a Notary Public from performing a notarial act with respect to a record to which the officer or the officer’s domestic partner is a party or in which either of them has a direct beneficial interest in the document acknowledged, sworn to, witnessed or attested. Prohibits a Notary Public from performing a notarial act if the notarial act is prohibited by NRS 240.001 to 240.169, inclusive, and clarifies that a notarial act so performed is voidable. In addition to prohibiting a Notary from notarizing if the Notary executed or is named in the document acknowledged or sworn to, prohibits a Notary from notarizing if the Notary executed or is named in the instrument witnessed or attested. Clarifies that a notarial officer has personal knowledge of the identity of a person appearing before the notarial officer if the person is personally known to the officer through dealings sufficient to provide reasonable certainty that the person has the identity claimed. Clarifies that a credible witness who identifies a document signer must appear before the Notary or notarial officer. Adds the requirement that a signer must be an employer or coworker of the Notary and the notarial act must relate to a transaction performed in the ordinary course of the person’s business for the Notary not to require the person to sign the Notary’s journal as provided in NRS 240.120(3). Provides that a notarial certificate must be signed in the same manner as the signature of the notarial officer that is on file with the Secretary of State. Provides that if a person is physically unable to sign a document that is presented to a notarial officer, the person may direct a person other than the notarial officer to sign the person’s name on the document. The notarial officer must insert “Signature affixed by (insert name of other person) at the direction of (insert name of person)” or words of similar import. Authorizes a notarial act to be performed by a person authorized to perform that specific notarial act by the law of a federally recognized Indian tribe or nation. Clarifies that a person authorized to perform notarial acts by the law of a federally recognized Indian tribe or nation is not required to keep a journal. Provides that a notarial act has the same effect under the law of Nevada as if performed by a Nevada notarial officer if performed within the jurisdiction of and under authority of a foreign nation or its constituent units or a multinational or international organization by a person authorized by federal law to perform notarial acts, or a person authorized by the law of a federally recognized Indian tribe or nation to perform notarial acts. Makes technical corrections. Analysis Assembly Bill 99 introduced the Revised Uniform Law on Notarial Acts (RULONA) as adopted by the Uniform Law Commission, but a significant amendment put forward by the Secretary of State’s office gutted most the RULONA provisions, keeping in only certain sections the Secretary’s office thought were most necessary, while ensuring that the bill would not significantly alter Nevada’s Notary laws. AB 99 retains the RULONA definition of personal knowledge of identity and provisions related to notarizations performed by persons who are members of a federally-recognized Indian tribe. The amendment also added to the already strong disqualifying interest provisions in current statute a prohibition against the Notary notarizing a document for a domestic partner or relative of a domestic partner. (Note: The RULONA has bracketed language prohibiting a notarial officer from notarizing for a civil partner, but it leaves it up to the states whether to adopt this provision.) A couple of other interesting provisions in the bill are ones that require a credible witness identifying a document signer to be present before a Notary Public, and a further requirement to a statute allowing a Notary to omit obtaining the signature of a person in the Notary’s journal. Currently, a Notary is required to have a signer sign the journal unless the Notary has performed a notarial act for the person within the previous 6 months and has personal knowledge of the identity of the person. AB 99 adds the further conditions that the person must also be an employer or coworker of the Notary and that the notarial act must relate to a transaction performed in the ordinary course of the person’s business.

LEGISLATION State: Nevada Signed: June 12, 2013 Effective: March 01, 2014 Chapter: 535 Summary AB 74 puts in place a statutory framework for the registration and oversight of persons, including Notaries Public, who provide document preparation services. These services are used by individuals who for cultural, financial and other reasons cannot or choose not to hire an attorney to help them with their legal needs. The new law is meant to legitimize the proper offering of such services and also provide protections for persons who are harmed by document preparation service professionals. Affects Amends Section 240.018 and adds as yet uncodified sections to the Nevada Revised Statutes Changes Defines “document preparation service” as any person who, for compensation and at the direction of a client, provides advice or assistance to the client in a legal matter, including, without limitation, preparing or completing a pleading or other document for the client, translating an answer to a question posed in such a document; securing any supporting document, such as a birth certificate, required in connection with the legal matter; or submitting a completed document on behalf of the client to a court or administrative agency. Lists persons who do not fall under the definition of engaging in document preparation services (e.g., an attorney, etc.). Defines “legal matter” to mean the preparation of any will or trust; any proceeding, filing or action affecting the immigration or citizenship status of a person and arising under immigration and naturalization law, an executive order or presidential proclamation, or an action of the United States Citizenship and Immigration Services of the Department of Homeland Security, the United States Department of State or the United States Department of Labor; or any proceeding, filing or action otherwise affecting the legal rights, duties, obligations or liabilities of a person. Provides that any person engaged in the business of providing document preparation services must register with the Secretary of State and provides requirements for registration. Requires a person registering to perform document preparation services to file a cash or surety bond in the amount of $50,000 with the Secretary of State and provides requirements for the surety bond. Sets certain procedures for advertising and establishing the relationship with a client for whom one performs document preparation services. Prohibits a person offering document preparation services from using in any advertisement or written description of the registrant or the services provided by the registrant, or on any letterhead or business card of the registrant, the term “legal aid,” “legal services,” “law office,” “notary public,” “notary,” “licensed,” “attorney,” “lawyer” or any similar term, in English or in any other language, which implies that the registrant: (a) offers services without charge if the registrant does not do so; or (b) is an attorney authorized to practice law in this State. Provides a list of prohibited acts for document preparation service professionals. Authorizes the Secretary of State to publish regulations governing document preparation services. Gives the Secretary investigative authority to investigate violations of the statutes governing document preparation services and provide the Secretary with means for redressing the violations. Classifies certain violations of the statutes governing document preparation services as crimes and establishes punishment for those crimes. Analysis AB 74 was introduced when the bill sponsor began to notice that a bulk of the calls coming into her office from constituents were complaints either about service received from attorneys or from legal document preparers. The document preparers were oftentimes Notaries or “Notarios Publico,” multi-servicios, and paralegals. These services advertise in all kinds of different ways and for all kinds of different services including divorces, immigration, bankruptcy, and others. They are registered agents who are creating limited-liability companies (LLCs) and doing business transactions. When transactions involving document preparation services went badly, the bill sponsor had nowhere to send constituents. She referred a case involving a gentleman to the Attorney General who used such services and paid over $60,000 to an organization that did absolutely nothing for him. However, it should be noted that businesses and individuals offering document preparation assistance services also fulfill a legitimate need, as many cannot afford to pay an attorney for legal services. AB 74 puts in place a statutory framework for the registration and oversight of such document preparation services. The states of California and Arizona have similar provisions. Read the bill text.

RULE/REGULATION State: Nevada Signed: March 28, 2014 Effective: March 28, 2014 Chapter: N/A Summary Administrative Regulation R116-13 touches on various matters related to Notary practice. A Notary may note that a signer was “personally known” in the journal if the Notary has personal knowledge of the signer. The regulation explains how the Secretary of State will interpret the phrase “secure location” in the statute related to storing a Notary’s stamp and journal and how the Secretary will deem a document that requires the signer to provide information within blank spaces to be filled out. The regulation provides rules for fingerprinting of Notary Public commission applicants and authorizes a fee to be charged for fingerprinting. The regulation provides rules for notarizing the signature of a person unable to sign and provides the wording for a certificate of acknowledgment to be used in the circumstance. The regulation provides rules for a Notary charging a fee to perform marriages. Finally, the regulation repeals rules related to certified court reporters. Affects Adds an as yet uncodified new sections to Chapter 240 of the Nevada Administrative Code Changes Provides that Notary may note that a signer was “personally known” in the Notary’s journal if the Notary has personal knowledge of the signer. Clarifies that the Secretary of State will interpret the phrase “secure location” related to storing a Notary’s stamp and journal to include, without limitation: (a) in the sole possession of the Notary; or (b) a locked location over which the Notary has sole control. Provides for the purposes of NRS 240.075(9), the Secretary 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 to complete each blank space; or (b) designates a blank space as not applicable or draws a line through the blank space if information to complete the blank space is not available. Provides that 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 #3 above, the Secretary 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. Provides that an applicant for a Notary commission must submit a complete set of fingerprints and written permission authorizing the Secretary 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 authorizes the Secretary to charge a fee in an amount equal to the sum of the amounts charged for processing the fingerprints. Requires a person who is physically unable to sign a document and directs a person other than a notarial officer to sign the person’s name on the document pursuant to NRS 240.1655 and the third party directed to sign the individual’s name to appear before the notarial officer at the time the document is signed. Provides the wording for the certificate of acknowledgment that is sufficient for a notarial officer notarizing the signature of a person unable to sign who directs a third party to sign. Provides that a Notary may only charge the fee set forth in NRS 240.100 for performing a marriage ceremony if the Notary possesses a valid certificate to perform marriages pursuant to NRS 122.064. Clarifies that a Notary who charges a fee for performing a marriage and does not have a valid certificate to perform marriages issued to the Notary may have his or her appointment as a Notary suspended or revoked by the Secretary in accordance with NRS 240.150. Repeals prior administrative regulation related to certified court reporters having limited notarial powers. Analysis The Nevada Revised Statutes give the Secretary of State authority to adopt regulations related to the appointment of Notaries Public (NRS 240.017). In 2011, legislation was enacted to require Notaries to submit fingerprints when qualifying for a commission, if the Secretary required them. With the new regulations effective March 28, 2014, the Secretary will be requiring fingerprints to be submitted. This new regulation also touches on various matters related to Notary practice. A Notary may note that a signer was “personally known” in the journal if the Notary has personal knowledge of the signer. The regulation explains how the Secretary of State will interpret the phrase “secure location” in the statute related to storing a Notary’s stamp and journal and how the Secretary will deem a document that requires the signer to provide information within blank spaces to be filled out. These interpretations will guide the Secretary in investigations and proceedings against Notaries who violate these provisions. The regulation provides rules for notarizing the signature of a person unable to sign – namely, that both the person who cannot sign and the third party signing for the person must be physically present before the Notary or notarial officer at the time the signature is made by the third party – and provides the wording for a certificate of acknowledgment to be used in the circumstance. The regulation provides rules for a Notary charging a fee to perform marriages, but only if the Notary possesses a valid certificate to perform marriages pursuant to NRS 122.064. Finally, the regulation repeals rules related to certified court reporters. Read the regulation text.

LEGISLATION State: Nevada Signed: June 04, 2015 Effective: June 04, 2015 Chapter: 337 Summary Assembly Bill 128 creates a power of attorney for health care for persons with an intellectual disability, as defined. Affects Amends Chapter 162A of the Nevada Revised Statutes. Changes Allows an individual with an intellectual disability, as defined, to execute a power of attorney for health care. Defines "intellectual disability" as significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period. Requires a power of attorney for health care signed by a person with an intellectual disability to be acknowledged before a Notary or signed by two adult witnesses. Requires a Notary who notarizes a power of attorney for an individual with an intellectual disability to declare under penalty of perjury in the certificate of acknowledgment that the person whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud or undue influence. Sets forth examples of a form for a power of attorney for health care for adults with intellectual disabilities. Analysis Assembly Bill 128 creates a power of attorney for health care for persons with an intellectual disability, as defined. The power may be executed by being witnessed by two witnesses or by acknowledgment before a Notary or notarial officer. It is important to point out that although a person may have an intellectual disability, at the time the person acknowledges his or her signature to the Notary the person must appear to the Notary to be of sound mind and under no duress, fraud or undue influence. The Notary's certificate of acknowledgment requires the Notary to sign under penalty of perjury that this is so. Read the bill text.