As used in NRS 240.001 to 240.169 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 240.002 to 240.005
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1995, 187; A 1997, 930; 1999, 74 ; 2001, 652 ; 2003, 606 ; 2005, 2274 )
“Acknowledgment” means a
declaration by a person that he has executed an instrument for the
purposes stated therein and, if the instrument is executed in a
representative capacity, that he signed the instrument with proper
authority and executed it as the act of the person or entity represented
and identified therein.
(Added to NRS by 1995, 187)
“Credible witness” means
a person who:
1. Swears or affirms that the signer of a document is the person
whom he claims to be; and
2. Is known personally to the signer of the document and the
notarial officer.
(Added to NRS by 2003, 606 )
“In a
representative capacity” means:
1. For and on behalf of a corporation, partnership, trust or other
entity, as an authorized officer, agent, partner, trustee or other
representative;
2. As a public officer, personal representative, guardian or other
representative, in the capacity recited in the instrument;
3. As an attorney-in-fact for a principal; or
4. In any other capacity as an authorized representative of
another.
(Added to NRS by 1995, 188)
“Jurat” means a declaration by a
notarial officer that the signer of a document signed the document in the
presence of the notarial officer and swore to or affirmed that the
statements in the document are true.
(Added to NRS by 2003, 606 )
“Notarial act” means an act
that a notarial officer of this state is authorized to perform. The term
includes:
1. Taking an acknowledgment;
2. Administering an oath or affirmation;
3. Certifying a copy;
4. Executing a jurat;
5. Noting a protest of a negotiable instrument; and
6. Performing such other duties as may be prescribed by a specific
statute.
(Added to NRS by 1995, 188; A 1995, 1597; 1997, 930; 2003, 606
)
“Notarial officer” means
a notary public or an officer authorized to perform notarial acts.
(Added to NRS by 1995, 188)
1. Except as otherwise provided in subsection 2, information and
documents filed with or obtained by the Secretary of State pursuant to
NRS 240.001 to 240.169 , inclusive, are public information and are
available for public examination.
2. Except as otherwise provided in subsections 3 and 4,
information and documents obtained by or filed with the Secretary of
State in connection with an investigation concerning a possible violation
of the provisions of NRS 240.001 to
240.169 , inclusive, are not public
information and are confidential.
3. The Secretary of State may submit any information or evidence
obtained in connection with an investigation concerning a possible
violation of the provisions of NRS 240.001 to 240.169 ,
inclusive, to the appropriate district attorney for the purpose of
prosecuting a criminal action.
4. The Secretary of State may disclose any information or
documents obtained in connection with an investigation concerning a
possible violation of the provisions of NRS 240.001 to 240.169 ,
inclusive, to an agency of this State or a political subdivision of this
State.
(Added to NRS by 1999, 74 ; A 2005, 2274 )
Appointment and Practice
1. The Secretary of State may appoint notaries public in this
State.
2. The Secretary of State shall not appoint as a notary public a
person:
(a) Who submits an application containing a substantial and
material misstatement or omission of fact.
(b) Whose previous appointment as a notary public in this State has
been revoked.
(c) Who has been convicted of a crime involving moral turpitude, if
the Secretary of State is aware of such a conviction before he makes the
appointment.
(d) Against whom a complaint that alleges a violation of a
provision of this chapter is pending.
3. A notary public may cancel his appointment by submitting a
written notice to the Secretary of State.
4. It is unlawful for a person to:
(a) Represent himself as a notary public appointed pursuant to this
section if he has not received a certificate of appointment from the
Secretary of State pursuant to this chapter.
(b) Submit an application for appointment as a notary public that
contains a substantial and material misstatement or omission of fact.
5. The Secretary of State may request that the Attorney General
bring an action to enjoin any violation of paragraph (a) of subsection 4.
[1:22:1907; RL § 2762; NCL § 4732] + [Part 1:108:1866; B § 2599; BH
§ 1636; C § 1782; RL § 2765; NCL § 4765] + [4:22:1907; added 1913, 31;
1919 RL § 2764; NCL § 4735]—(NRS A 1959, 220; 1975, 1519; 1979, 24; 1995,
190; 1997, 930; 2005, 2275 )
1. Except as otherwise provided in this section, a person
appointed as a notary public must:
(a) During the period of his appointment, be a citizen of the
United States or lawfully admitted for permanent residency in the United
States as verified by the United States Citizenship and Immigration
Services.
(b) Be a resident of this State.
(c) Be at least 18 years of age.
(d) Possess his civil rights.
2. If a person appointed as a notary public ceases to be lawfully
admitted for permanent residency in the United States during his
appointment, he shall, within 90 days after his lawful admission has
expired or is otherwise terminated, submit to the Secretary of State
evidence that he is lawfully readmitted for permanent residency as
verified by the United States Citizenship and Immigration Services. If
the person fails to submit such evidence within the prescribed time, his
appointment expires by operation of law.
3. The Secretary of State may appoint a person who resides in an
adjoining state as a notary public if the person:
(a) Maintains a place of business in the State of Nevada; or
(b) Is regularly employed at an office, business or facility
located within the State of Nevada by an employer licensed to do business
in this State.
Ę If such a person ceases to maintain a place of business in this State
or regular employment at an office, business or facility located within
this State, the Secretary of State may suspend his appointment. The
Secretary of State may reinstate an appointment suspended pursuant to
this subsection if the notary public submits to the Secretary of State,
before his term of appointment as a notary public expires, an affidavit
which contains the information required pursuant to subsection 2 of NRS
240.030 .
(Added to NRS by 1985, 1204; A 1993, 261; 1995, 190; 1997, 931;
2005, 1581 )
The Secretary of
State:
1. May adopt regulations:
(a) Prescribing the procedure for the appointment and voluntary
training of a notary public.
(b) Establishing procedures for the notarization of digital or
electronic signatures.
2. Shall adopt regulations prescribing the form of each affidavit
required pursuant to subsection 2 of NRS 240.030 .
(Added to NRS by 1985, 1204; A 1995, 191; 1997, 931; 2001, 652
)
1. The Secretary of State may:
(a) Provide courses of study for the voluntary training of notaries
public at such times and for such duration as he determines appropriate;
and
(b) Charge a reasonable fee to each person who enrolls in a course
of study for the voluntary training of notaries public.
2. A course of study provided pursuant to this section must comply
with the regulations adopted pursuant to subsection 1 of NRS 240.017
.
3. The Secretary of State shall deposit the fees collected
pursuant to paragraph (b) of subsection 1 in the Notary Public Training
Fund which is hereby created as a special revenue fund in the State
Treasury. The Fund must be administered by the Secretary of State. Any
interest and income earned on the money in the Fund, after deducting any
applicable charges, must be credited to the Fund. Any money remaining in
the Fund at the end of a fiscal year does not revert to the State General
Fund and the balance in the Fund must be carried forward. All claims
against the Fund must be paid as other claims against the State are paid.
The money in the Fund may be expended only to pay for expenses related to
providing courses of study for the voluntary training of notaries public,
including, without limitation, the rental of rooms and other facilities,
advertising, travel and the printing and preparation of course materials.
(Added to NRS by 2001, 651 )
A person appointed as a notary public pursuant to this chapter
may perform notarial acts in any part of this state for a term of 4
years, unless sooner removed. Such an appointment does not authorize the
person to perform notarial acts in another state.
[Part 2:22:1907; RL § 2763; NCL § 4733]—(NRS A 1975, 1519; 1997,
931)
1. Except as otherwise provided in subsection 4, each person
applying for appointment as a notary public must:
(a) At the time he submits his application, pay to the Secretary of
State $35.
(b) Take and subscribe to the oath set forth in Section 2 of
Article 15 of the Constitution of the State of Nevada as if he were a
public officer.
(c) Enter into a bond to the State of Nevada in the sum of $10,000,
to be filed with the clerk of the county in which the applicant resides
or, if the applicant is a resident of an adjoining state, with the clerk
of the county in this State in which the applicant maintains a place of
business or is employed. The applicant shall submit to the Secretary of
State a certificate issued by the appropriate county clerk which
indicates that the applicant filed the bond required pursuant to this
paragraph.
2. In addition to the requirements set forth in subsection 1, an
applicant for appointment as a notary public, including, without
limitation, a court reporter, who resides in an adjoining state must
submit to the Secretary of State with his application:
(a) An affidavit setting forth the adjoining state in which he
resides, his mailing address and the address of his place of business or
employment that is located within the State of Nevada; and
(b) Unless the applicant is self-employed, an affidavit from his
employer setting forth the facts that show:
(1) The employer is licensed to do business in the State of
Nevada; and
(2) The employer regularly employs the applicant at an
office, business or facility which is located within the State of Nevada.
3. In completing an application, bond, oath or other document
necessary to apply for appointment as a notary public, an applicant must
not be required to disclose his residential address or telephone number
on any such document which will become available to the public.
4. A court reporter who has received a certificate of registration
pursuant to NRS 656.180 may apply for appointment as a notary public with limited
powers. Such an applicant is not required to enter into a bond to obtain
the limited power of a notary public to administer oaths or affirmations.
5. If required, the bond, together with the oath, must be filed
and recorded in the office of the county clerk of the county in which the
applicant resides when he applies for his appointment or, if the
applicant is a resident of an adjoining state, with the clerk of the
county in this State in which the applicant maintains a place of business
or is employed. On a form provided by the Secretary of State, the county
clerk shall immediately certify to the Secretary of State that the
required bond and oath have been filed and recorded. Upon receipt of the
application, fee and certification that the required bond and oath have
been filed and recorded, the Secretary of State shall issue a certificate
of appointment as a notary public to the applicant.
6. Except as otherwise provided in subsection 7, the term of a
notary public commences on the effective date of the bond required
pursuant to paragraph (c) of subsection 1. A notary public shall not
perform a notarial act after the effective date of the bond unless he has
been issued a certificate of appointment.
7. The term of a notary public with limited powers commences on
the date set forth in his certificate of appointment.
8. Except as otherwise provided in this subsection, the Secretary
of State shall charge a fee of $10 for each duplicate or amended
certificate of appointment which is issued to a notary. If the notary
public does not receive an original certificate of appointment, the
Secretary of State shall provide a duplicate certificate of appointment
without charge if the notary public requests such a duplicate within 60
days after the date on which the original certificate was issued.
[2:39:1864; A 1865, 407; 1883, 82; 1949, 69; 1943 NCL § 4715] +
[3:39:1864; A 1911, 361; RL § 2746; NCL § 4716]—(NRS A 1973, 386; 1979,
77; 1981, 325; 1983, 706; 1985, 1205; 1987, 1113; 1989, 148; 1995, 191,
1595; 1997, 931; 1999, 74 ; 2001, 652 )
A notary public who is a resident of an adjoining state
shall submit to the Secretary of State annually, within 30 days before
the anniversary date of his appointment as a notary public, an affidavit
containing the information required pursuant to subsection 2 of NRS
240.030 .
(Added to NRS by 1997, 929)
1. The bond required to be filed pursuant to NRS 240.030 must be executed by the person applying to
become a notary public as principal and by a surety company qualified and
authorized to do business in this State. The bond must be made payable to
the State of Nevada and be conditioned to provide indemnification to a
person determined to have suffered damage as a result of an act by the
notary public which violates a provision of NRS 240.001 to 240.169 ,
inclusive. The surety company shall pay a final, nonappealable judgment
of a court of this State that has jurisdiction, upon receipt of written
notice of final judgment. The bond may be continuous but, regardless of
the duration of the bond, the aggregate liability of the surety does not
exceed the penal sum of the bond.
2. If the penal sum of the bond is exhausted, the surety company
shall notify the Secretary of State in writing within 30 days after its
exhaustion.
3. The surety bond must cover the period of the appointment of the
notary public, except when a surety is released.
4. A surety on a bond filed pursuant to NRS 240.030 may be released after the surety gives 30
days’ written notice to the Secretary of State and notary public, but the
release does not discharge or otherwise affect a claim filed by a person
for damage resulting from an act of the notary public which is alleged to
have occurred while the bond was in effect.
5. The appointment of a notary public is suspended by operation of
law when the notary public is no longer covered by a surety bond as
required by this section and NRS 240.030 or the penal sum of the bond is exhausted. If
the Secretary of State receives notice pursuant to subsection 4 that the
bond will be released or pursuant to subsection 2 that the penal sum of
the bond is exhausted, the Secretary of State shall immediately notify
the notary public in writing that his appointment will be suspended by
operation of law until another surety bond is filed in the same manner
and amount as the bond being terminated.
6. The Secretary of State may reinstate the appointment of a
notary public whose appointment has been suspended pursuant to subsection
5, if the notary public, before his current term of appointment expires:
(a) Submits to the Secretary of State:
(1) An application for an amended certificate of appointment
as a notary public; and
(2) A certificate issued by the clerk of the county in which
the applicant resides or, if the applicant is a resident of an adjoining
state, the county in this State in which the applicant maintains a place
of business or is employed, which indicates that the applicant filed a
new surety bond with the clerk.
(b) Pays to the Secretary of State a fee of $10.
(Added to NRS by 1995, 189; A 1997, 933; 2005, 2275 )
1. If, at any time during his appointment, a notary public changes
his mailing address, county of residence or signature or, if he is a
resident of an adjoining state, changes his place of business or
employment, he shall submit to the Secretary of State a request for an
amended certificate of appointment on a form provided by the Secretary of
State. The request must:
(a) Include the new information;
(b) Be submitted within 30 days after making that change; and
(c) Be accompanied by a fee of $10.
2. The Secretary of State may suspend the appointment of a notary
public who fails to provide to the Secretary of State notice of a change
in any of the information specified in subsection 1.
3. If a notary public changes his name during his appointment and
he intends to use his new name in the performance of his notarial duties,
he shall submit to the Secretary of State a request for an amended
certificate of appointment on a form provided by the Secretary of State.
The request must:
(a) Include his new name and signature and his address;
(b) Be submitted within 30 days after making the change; and
(c) Be accompanied by a fee of $10.
4. Upon receipt of a request for an amended certificate of
appointment and the appropriate fee, the Secretary of State shall issue
an amended certificate of appointment.
5. When the notary public receives the amended certificate of
appointment, he shall:
(a) Destroy his notary’s stamp and obtain a new notary’s stamp
which includes the information on the amended certificate.
(b) Notify the surety company which issued his bond of the changes.
(Added to NRS by 1995, 188; A 1997, 933)
1. The statement required by paragraph (d) of subsection 1 of NRS
240.1655 must:
(a) Be imprinted in indelible, photographically reproducible ink
with a rubber or other mechanical stamp; and
(b) Set forth:
(1) The name of the notary public;
(2) The phrase “Notary Public, State of Nevada”;
(3) The date on which the appointment of the notary public
expires;
(4) The number of the certificate of appointment of the
notary public;
(5) If the notary public so desires, the Great Seal of the
State of Nevada; and
(6) If the notary public is a resident of an adjoining
state, the word “nonresident.”
2. After July 1, 1965, an embossed notarial seal is not required
on notarized documents.
3. The stamp required pursuant to subsection 1 must:
(a) Be a rectangle, not larger than 1 inch by 2 1/2 inches, and may
contain a border design; and
(b) Produce a legible imprint.
4. A notary public shall not affix his stamp over printed material.
5. As used in this section, “mechanical stamp” includes an imprint
made by a computer or other similar technology.
[10:39:1864; B § 339; BH § 2244; C § 2411; RL § 2753; NCL §
4723]—(NRS A 1965, 647; 1985, 1205; 1995, 191, 1596; 1997, 934; 2003, 606
)
1. If the stamp of a notary public is lost, the notary public
shall, within 10 days after the stamp is lost, submit to the Secretary of
State a request for an amended certificate of appointment, on a form
provided by the Secretary of State, and obtain a new stamp in accordance
with NRS 240.036 . The request must be
accompanied by a fee of $10.
2. If the stamp is destroyed, broken, damaged or otherwise
rendered inoperable, the notary public shall immediately notify the
Secretary of State of that fact and obtain a new stamp.
3. A person or governmental entity shall not make, manufacture or
otherwise produce a notary’s stamp unless the notary public presents his
original or amended certificate of appointment or a certified copy of his
original or amended certificate of appointment to that person or
governmental entity.
(Added to NRS by 1995, 188; A 1997, 935)
1. If a notary public resigns or dies during his appointment, the
notary public, or the executor of his estate, as appropriate, shall:
(a) Notify the Secretary of State of the resignation or death; and
(b) Destroy the notary’s stamp.
2. Upon the receipt of the notice required by subsection 1, the
Secretary of State shall cancel the appointment of the notary public,
effective on the date on which the notice was received.
(Added to NRS by 1995, 189)
Except as otherwise provided
in NRS 240.069 , a notary public may,
during normal business hours, perform notarial acts in lawful
transactions for a person who requests the act and tenders the
appropriate fee.
[Part 1911 CPA § 541; RL § 5483; NCL § 9030] + [4:39:1864; B § 333;
BH § 2238; C § 2405; RL § 2747; NCL § 4717] + [5:39:1864; B § 334; BH §
2239; C § 2406; RL § 2748; NCL § 4718] + [6:39:1864; B § 335; BH § 2240;
C § 2407; RL § 2749; NCL § 4719] + [7:39:1864; B § 336; BH § 2241; C §
2408; RL § 2750; NCL § 4720]—(NRS A 1985, 1206; 1987, 1303; 1995, 192,
1596)
1. The signature of a notary public on a document shall be deemed
to be evidence only that the notary public knows the contents of the
document that constitute the signature, execution, acknowledgment, oath,
affirmation or affidavit.
2. When a notary public certifies that a document is a certified
or true copy of an original document, the certification shall not be
deemed to be evidence that the notary public knows the contents of the
document.
(Added to NRS by 1997, 929; A 2003, 607 )
1. A notary public may not perform a notarial act if:
(a) He executed or is named in the instrument acknowledged or sworn
to;
(b) Except as otherwise provided in subsection 2, he has or will
receive directly from a transaction relating to the instrument or
pleading a commission, fee, advantage, right, title, interest, property
or other consideration in excess of the fee authorized pursuant to NRS
240.100 for the notarial act; or
(c) The person whose signature is to be acknowledged or sworn to is
a relative of the notary public by marriage or consanguinity.
2. A notary public who is an attorney licensed to practice law in
this State may perform a notarial act on an instrument or pleading if he
has or will receive directly from a transaction relating to the
instrument or pleading a fee for providing legal services in excess of
the fee authorized pursuant to NRS 240.100 for the notarial act.
3. As used in this section, “relative” includes, without
limitation:
(a) A spouse, parent, grandparent or stepparent;
(b) A natural born child, stepchild or adopted child;
(c) A grandchild, brother, sister, half brother, half sister,
stepbrother or stepsister;
(d) A grandparent, parent, brother, sister, half brother, half
sister, stepbrother or stepsister of the spouse of the notary public; and
(e) A natural born child, stepchild or adopted child of a sibling
or half sibling of the notary public or of a sibling or half sibling of
the spouse of the notary public.
(Added to NRS by 1985, 1205; A 1995, 192; 1997, 935; 2005, 67
)
A certified court
reporter who receives a certificate of appointment as a notary public
with limited powers pursuant to subsection 4 of NRS 240.030 , may only administer oaths and affirmations
and may not perform the other powers, and is not required to perform the
other duties, of a notary public specified in NRS 240.060 , 240.120 and
240.1655 .
(Added to NRS by 1995, 1595; A 2001, 653 ; 2003, 607 )
A notary public shall not:
1. Influence a person to enter or not enter into a lawful
transaction involving a notarial act performed by the notary public.
2. Certify an instrument containing a statement known by him to be
false.
3. Perform any act as a notary public with intent to deceive or
defraud, including, without limitation, altering the journal that he is
required to keep pursuant to NRS 240.120 .
4. Endorse or promote any product, service or offering if his
appointment as a notary public is used in the endorsement or promotional
statement.
5. Certify photocopies of a certificate of birth, death or
marriage or a divorce decree.
6. Allow any other person to use his notary’s stamp.
7. Allow any other person to sign the notary’s name in a notarial
capacity.
8. Perform a notarial act on a document that contains only a
signature.
(Added to NRS by 1985, 1205; A 1987, 1114; 1995, 193; 2001, 653
)
1. Every notary public who is not an attorney licensed to practice
law in this State and who advertises his services as a notary public in a
language other than English by any form of communication, except a single
plaque on his desk, shall post or otherwise include with the
advertisement a notice in the language in which the advertisement
appears. The notice must be of a conspicuous size, if in writing, and
must appear in substantially the following form:
I AM NOT AN ATTORNEY IN THE STATE OF NEVADA. I AM NOT LICENSED TO
GIVE LEGAL ADVICE. I MAY NOT ACCEPT FEES FOR GIVING LEGAL ADVICE.
2. A notary public who is not an attorney licensed to practice law
in this State shall not use the term “notario,” “notario publico” or any
other equivalent non-English term in any form of communication that
advertises his services as a notary public, including, without
limitation, a business card, stationery, notice and sign.
3. If the Secretary of State finds a notary public guilty of
violating the provisions of subsection 1 or 2, he shall:
(a) Suspend the appointment of the notary public for not less than
1 year.
(b) Revoke the appointment of the notary public for a third or
subsequent offense.
4. A notary public who is found guilty in a criminal prosecution
of violating subsection 1 or 2 shall be punished by a fine of not more
than $2,000.
(Added to NRS by 1983, 307; A 1985, 1206; 2005, 68 )
1. Except as otherwise provided in subsection 3, a notary public
may charge the following fees and no more:
For taking an acknowledgment, for the first signature of each
signer.......... $5.00
For each additional signature of each
signer............................................... 2.50
For administering an oath or affirmation without a
signature.......................... 2.50
For a certified
copy.......................................................................
.......................... 2.50
For a jurat, for each signature on the
affidavit................................................... 5.00
2. All fees prescribed in this section are payable in advance, if
demanded.
3. A notary public may charge an additional fee for traveling to
perform a notarial act if:
(a) The person requesting the notarial act asks the notary public
to travel;
(b) The notary public explains to the person requesting the
notarial act that the fee is in addition to the fee authorized in
subsection 1 and is not required by law;
(c) The person requesting the notarial act agrees in advance upon
the hourly rate that the notary public will charge for the additional
fee; and
(d) The additional fee does not exceed:
(1) If the person requesting the notarial act asks the
notary public to travel between the hours of 6 a.m. and 7 p.m., $10 per
hour.
(2) If the person requesting the notarial act asks the
notary public to travel between the hours of 7 p.m. and 6 a.m., $25 per
hour.
Ę The notary public may charge a minimum of 2 hours for such travel and
shall charge on a pro rata basis after the first 2 hours.
4. A notary public is entitled to charge the amount of the
additional fee agreed to in advance by the person requesting the notarial
act pursuant to subsection 3 if:
(a) The person requesting the notarial act cancels his request
after the notary public begins his travel to perform the requested
notarial act.
(b) The notary public is unable to perform the requested notarial
act as a result of the actions of the person who requested the notarial
act or any other person who is necessary for the performance of the
notarial act.
5. For each additional fee that a notary public charges for
traveling to perform a notarial act pursuant to subsection 3, the notary
public shall enter in the journal that he keeps pursuant to NRS 240.120
:
(a) The amount of the fee; and
(b) The date and time that the notary public began and ended such
travel.
6. A person who employs a notary public may prohibit the notary
public from charging a fee for a notarial act that the notary public
performs within the scope of his employment. Such a person shall not
require the notary public whom he employs to surrender to him all or part
of a fee charged by the notary public for a notarial act performed
outside the scope of his employment.
[17:39:1864; B § 346; BH § 2251; C § 2418; RL § 2760; NCL § 4730] +
[1:94:1865; B § 2735; BH § 2318; C § 2457; RL § 1994; NCL § 2925] +
[1:49:1883; BH § 2342; C § 2468; RL § 2005; NCL § 2936] + [15:94:1865; B
§ 2749; BH § 2329; C § 2467; RL § 2004; NCL § 2935] + [16:49:1883; A
1889, 39; C § 2481; RL § 2018; NCL § 2949] + [Part 25:49:1883; BH § 2366;
C § 2490; RL § 2027; NCL § 2958]—(NRS A 1981, 325; 1985, 1207; 1993, 261;
1995, 193; 1997, 935; 1999, 76 ; 2003, 607 )
If a notary public charges
fees for performing notarial acts, he shall publish and set up in some
conspicuous place in his office a table of his fees, according to this
chapter, for the inspection of all persons who have business in his
office. The schedule must not be printed in smaller than 1/2-inch type. A
notary public shall not charge fees unless he has published and set up a
table of fees in accordance with this subsection.
[Part 23:49:1883; BH § 2364; C § 2488; RL § 2025; NCL § 2956]—(NRS
A 1985, 1207; 1995, 193; 1997, 936)
1. Except as otherwise provided in NRS 240.069 , each notary public shall keep a journal in
his office in which he shall enter for each notarial act performed, at
the time the act is performed:
(a) The fees charged, if any;
(b) The title of the document;
(c) The date on which he performed the service;
(d) The name and signature of the person whose signature is being
notarized;
(e) A description of the evidence used by the notary public to
verify the identification of the person whose signature is being
notarized;
(f) An indication of whether he administered an oath; and
(g) The type of certificate used to evidence the notarial act, as
required pursuant to NRS 240.1655 .
2. If the notary verifies the identification of the person whose
signature is being notarized on the basis of a credible witness, the
notary public shall:
(a) Require the witness to sign the journal in the space provided
for the description of the evidence used; and
(b) Make a notation in the journal that the witness is a credible
witness.
3. The journal must:
(a) Be open to public inspection.
(b) Be in a bound volume with preprinted page numbers.
4. A notary public shall, upon request and payment of the fee set
forth in NRS 240.100 , provide a
certified copy of an entry in his journal.
5. A notary public shall retain each journal that he has kept
pursuant to this section until 7 years after the date on which he ceases
to be a notary public.
6. A notary public shall file a report with the Secretary of State
and the appropriate law enforcement agency if his journal is lost or
stolen.
7. The provisions of this section do not apply to a person who is
authorized to perform a notarial act pursuant to paragraph (b), (c) or
(d) of subsection 1 of NRS 240.1635 .
[Part 18:49:1883; BH § 2359; C § 2483; RL § 2020; NCL § 2951] +
[Part 21:49:1883; BH § 2362; C § 2486; RL § 2023; NCL § 2954]—(NRS A
1967, 533; 1993, 262; 1995, 193, 1596; 1997, 936; 2001, 654 )
A notary public
shall not charge a fee to perform a service unless he is authorized to
charge a fee for such a service pursuant to this chapter.
[17:49:1883; BH § 2358; C § 2482; RL § 2019; NCL § 2950] + [Part
21:49:1883; BH § 2362; C § 2486; RL § 2023; NCL § 2954]—(NRS A 1967, 533;
1997, 937)
1. The following items are the personal property of a notary
public:
(a) His official stamp;
(b) His journal; and
(c) His certificate of appointment.
2. It is unlawful for a person who comes into possession of the
official stamp, journal or certificate of appointment of a notary public
to withhold such an item from the notary public, whether or not the
person provided the notary public with the money to acquire the item.
(Added to NRS by 1997, 930)
1. It is unlawful for any person to:
(a) Photocopy or otherwise reproduce a completed notarial
certificate with a notary’s statement and signature if that certificate
is reproduced for use in a mailing to endorse, promote or sell any
product, service or offering; or
(b) Include a photocopy or other reproduction of a completed
notarial certificate with a notary’s statement and signature in a mailing
to endorse, promote or sell any product, service or offering.
2. Any person who violates any of the provisions of subsection 1
is guilty of a gross misdemeanor.
(Added to NRS by 1995, 189)
1. It is unlawful for a person to knowingly destroy, deface or
conceal a notarial record.
2. As used in this section, “notarial record” means:
(a) The journal that a notary public is required to keep pursuant
to NRS 240.120 ; and
(b) A document or other evidence retained by a notary public to
record the performance of a notarial act.
(Added to NRS by 1997, 930)
1. For misconduct or neglect in a case in which a notary public
appointed pursuant to the authority of this state may act, either by the
law of this state or of another state, territory or country, or by the
law of nations, or by commercial usage, he is liable on his official bond
to the parties injured thereby, for all the damages sustained.
2. The employer of a notary public is liable for any damages
proximately caused by the misconduct of the notary public, if:
(a) The notary public was acting within the scope of his employment
at the time he engaged in the misconduct; and
(b) The employer of the notary public consented to the misconduct
of the notary public.
3. The Secretary of State may refuse to appoint or may suspend or
revoke the appointment of a notary public who fails to provide to the
Secretary of State, within a reasonable time, information that the
Secretary of State requests from him in connection with a complaint which
alleges a violation of this chapter.
4. Except as otherwise provided in this chapter, for any willful
violation or neglect of duty or other violation of this chapter, or upon
proof that the notary public has been convicted of a crime involving
moral turpitude:
(a) A notary public or other person who violates a provision of
this chapter may be fined not more than $2,000 for each violation;
(b) The appointment of the notary public may be suspended for a
period determined by the Secretary of State, but not exceeding the time
remaining on his appointment;
(c) The appointment of the notary public may be revoked; or
(d) The notary public may be fined and his appointment may be:
(1) Revoked; or
(2) Suspended for a period determined by the Secretary of
State.
5. If the Secretary of State revokes or suspends the appointment
of a notary public pursuant to this section, the Secretary of State shall:
(a) Notify the notary public in writing of the revocation or
suspension; and
(b) Cause notice of the revocation or suspension to be published in
a newspaper of general circulation in the county in which the notary
public resides or works.
6. Except as otherwise provided by law, the Secretary of State may
impose the fine that is authorized pursuant to this section upon a notary
public whose appointment has expired if the notary public committed the
violation that justifies the fine before his appointment expired.
[13:39:1864; B § 342; BH § 2247; C § 2414; RL § 2756; NCL §
4726]—(NRS A 1985, 1208; 1995, 194; 1997, 937)
1. A notary public who is appointed pursuant to this chapter shall
not willfully notarize the signature of a person unless the person is in
the presence of the notary public and:
(a) Is known to the notary public; or
(b) If unknown to the notary public, provides documentary evidence
of identification to the notary public.
2. A person who:
(a) Violates the provisions of subsection 1; or
(b) Aids and abets a notary public to commit a violation of
subsection 1,
Ę is guilty of a gross misdemeanor.
(Added to NRS by 2005, 2274 )
Uniform Law on Notarial Acts
1. NRS 240.161 to 240.169 , inclusive, may be cited as the Uniform Law on
Notarial Acts.
2. These sections must be applied and construed to effectuate
their general purpose to make uniform the law with respect to the subject
of these sections among states enacting them.
(Added to NRS by 1993, 200; A 1995, 194; 2005, 2276 )
1. A notarial act may be performed within this state by the
following persons:
(a) A notary public of this state;
(b) A judge, clerk or deputy clerk of any court of this state;
(c) A justice of the peace; or
(d) Any other person authorized to perform the specific act by the
law of this state.
2. Notarial acts performed within this state under federal
authority as provided in NRS 240.1645
have the same effect as if performed by a notarial officer of this state.
3. The signature and title of a person performing a notarial act
are prima facie evidence that the signature is genuine and that the
person holds the designated title.
(Added to NRS by 1993, 200)
1. A notarial act has the same effect under the law of this state
as if performed by a notarial officer of this state, if performed in
another state, commonwealth, territory, district or possession of the
United States by any of the following persons:
(a) A notary public of that jurisdiction;
(b) A judge, clerk or deputy clerk of a court of that jurisdiction;
or
(c) Any other person authorized by the law of that jurisdiction to
perform notarial acts.
2. Notarial acts performed in other jurisdictions of the United
States under federal authority as provided in NRS 240.1645 have the same effect as if performed by a
notarial officer of this state.
3. The signature and title of a person performing a notarial act
are prima facie evidence that the signature is genuine and that the
person holds the designated title.
4. The signature and indicated title of an officer listed in
paragraph (a) or (b) of subsection 1 conclusively establish the authority
of a holder of that title to perform a notarial act.
(Added to NRS by 1993, 201)
1. A notarial act has the same effect under the law of this State
as if performed by a notarial officer of this State if performed anywhere
by any of the following persons under authority granted by the law of the
United States:
(a) A judge, clerk or deputy clerk of a court;
(b) A commissioned officer on active duty in the military service
of the United States;
(c) An officer of the foreign service or consular officer of the
United States; or
(d) Any other person authorized by federal law to perform notarial
acts.
2. The signature and title of a person performing a notarial act
are prima facie evidence that the signature is genuine and that the
person holds the designated title.
3. The signature and indicated title of an officer listed in
paragraph (a), (b) or (c) of subsection 1 conclusively establish the
authority of a holder of that title to perform a notarial act.
(Added to NRS by 1993, 201)
1. A notarial act has the same effect under the law of this State
as if performed by a notarial officer of this State if performed within
the jurisdiction of and under authority of a foreign nation or its
constituent units or a multinational or international organization by the
following persons:
(a) A notary public;
(b) A judge, clerk or deputy clerk of a court of record; or
(c) A person authorized by the law of that jurisdiction to perform
notarial acts.
2. A certificate by an officer of the foreign service or consular
officer of the United States stationed in the nation under the
jurisdiction of which the notarial act was performed, or a certificate by
an officer of the foreign service or consular officer of that nation
stationed in the United States, conclusively establishes a matter
relating to the authenticity or validity of the notarial act set forth in
the certificate.
3. An official stamp or seal of the person performing the notarial
act is prima facie evidence that the signature is genuine and that the
person holds the indicated title.
4. An official stamp or seal of an officer listed in paragraph (a)
or (b) of subsection 1 is prima facie evidence that a person with the
indicated title has authority to perform notarial acts.
5. If the title of office and indication of authority to perform
notarial acts appears either in a digest of foreign law or in a list
customarily used as a source for that information, the authority of an
officer with that title to perform notarial acts is conclusively
established.
(Added to NRS by 1993, 201; A 1997, 939; 2001, 654 ; 2005, 2276 )
1. A notarial act must be evidenced by a certificate that:
(a) Identifies the county, including, without limitation, Carson
City, in this State in which the notarial act was performed in
substantially the following form:
State of Nevada
County of ............................................
(b) Except as otherwise provided in this paragraph, includes the
name of the person whose signature is being notarized. If the certificate
is for certifying a copy of a document, the certificate must include the
name of the person presenting the document. If the certificate is for the
jurat of a subscribing witness, the certificate must include the name of
the subscribing witness.
(c) Is signed and dated in ink by the notarial officer performing
the notarial act.
(d) If the notarial officer performing the notarial act is a notary
public, includes the statement imprinted with the stamp of the notary
public, as described in NRS 240.040 .
(e) If the notarial officer performing the notarial act is not a
notary public, includes the title of the office of the notarial officer
and may include the official stamp or seal of that office. If the officer
is a commissioned officer on active duty in the military service of the
United States, the certificate must also include the officer’s rank.
2. A notarial officer shall:
(a) In taking an acknowledgment, determine, from personal knowledge
or satisfactory evidence, that the person making the acknowledgment is
the person whose signature is on the document. The person who signed the
document shall present the document to the notarial officer in person.
(b) In administering an oath or affirmation, determine, from
personal knowledge or satisfactory evidence, the identity of the person
taking the oath or affirmation.
(c) In certifying a copy of a document, photocopy the entire
document and certify that the photocopy is a true and correct copy of the
document that was presented to the notarial officer.
(d) In making or noting a protest of a negotiable instrument,
verify compliance with the provisions of subsection 2 of NRS 104.3505
.
(e) In executing a jurat, administer an oath or affirmation to the
affiant and determine, from personal knowledge or satisfactory evidence,
that the affiant is the person named in the document. The affiant shall
sign the document in the presence of the notarial officer. The notarial
officer shall administer the oath or affirmation required pursuant to
this paragraph in substantially the following form:
Do you (solemnly swear, or affirm) that the statements in this
document are true, (so help you God)?
3. A certificate of a notarial act is sufficient if it meets the
requirements of subsections 1 and 2 and it:
(a) Is in the short form set forth in NRS 240.166 to 240.169 ,
inclusive;
(b) Is in a form otherwise prescribed by the law of this State;
(c) Is in a form prescribed by the laws or regulations applicable
in the place in which the notarial act was performed; or
(d) Sets forth the actions of the notarial officer and those are
sufficient to meet the requirements of the designated notarial act.
4. For the purposes of paragraphs (a), (b) and (e) of subsection
2, a notarial officer has satisfactory evidence that a person is the
person whose signature is on a document if he:
(a) Is personally known to the notarial officer;
(b) Is identified upon the oath or affirmation of a credible
witness;
(c) Is identified on the basis of an identifying document which
contains a signature and a photograph;
(d) Is identified on the basis of a consular identification card;
(e) Is identified upon an oath or affirmation of a subscribing
witness who is personally known to the notarial officer; or
(f) In the case of a person who is 65 years of age or older and
cannot satisfy the requirements of paragraphs (a) to (e), inclusive, is
identified upon the basis of an identification card issued by a
governmental agency or a senior citizen center.
5. An oath or affirmation administered pursuant to paragraph (b)
of subsection 4 must be in substantially the following form:
Do you (solemnly swear, or affirm) that you personally know
………(name of person who signed the document)………, (so help you God)?
6. A notarial officer shall not affix his signature over printed
material.
7. By executing a certificate of a notarial act, the notarial
officer certifies that the notarial officer has complied with all the
requirements of this section.
8. As used in this section, unless the context otherwise requires,
“consular identification card” means an identification card issued by a
consulate of a foreign government, which consulate is located within the
State of Nevada.
(Added to NRS by 1993, 202; A 1995, 195; 1997, 940; 2001, 655
; 2003, 608 , 1932 )
1. Except as otherwise provided in subsection 2, the Secretary of
State shall, upon request and payment of a fee of $20, issue an
authentication to verify that the signature of the notarial officer on a
document is genuine and that the notarial officer holds the office
indicated on the document. If the document:
(a) Is intended for use in a foreign country that is a participant
in the Hague Convention of October 5, 1961, the Secretary of State must
issue an apostille in the form prescribed by the Hague Convention of
October 5, 1961.
(b) Is intended for use in the United States or in a foreign
country that is not a participant in the Hague Convention of October 5,
1961, the Secretary of State must issue a certification.
2. The Secretary of State shall not issue an authentication
pursuant to subsection 1 if:
(a) The document has not been notarized in accordance with the
provisions of this chapter; or
(b) The Secretary of State has reasonable cause to believe that the
document may be used to accomplish any fraudulent, criminal or unlawful
purpose.
(Added to NRS by 2005, 2274 )
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 )
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 )
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 )
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 )
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 )
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 )
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 )
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 )
COMMISSIONED ABSTRACTERS
The office of commissioned
abstracter, in and for the several counties of this State, is hereby
created.
[1:180:1927; NCL § 1450]
The Secretary of State is
empowered to appoint and commission commissioned abstracters in and for
the several counties of this state, in any number in which applications
may be made to him, as in his judgment may be deemed advisable.
[2:180:1927; NCL § 1451]—(NRS A 1997, 941)
The term of office of a commissioned
abstracter shall be for 4 years.
[Part 3:180:1927; NCL § 1452]
1. Each commissioned abstracter, before entering upon the acts
authorized in NRS 240.240 to 240.330
, inclusive, and at the time he receives
his commission, shall:
(a) Pay to the Secretary of State the sum of $10.
(b) Take the official oath as prescribed by law, which oath shall
be endorsed on his commission.
(c) Enter into a bond to the State of Nevada in the sum of $2,000,
to be approved by the district judge of the county for which the
commissioned abstracter may be appointed.
2. Each commissioned abstracter shall have his commission,
together with the bond, recorded in the office of the clerk of the county
for which he has been appointed.
[5:180:1927; A 1951, 8]—(NRS A 1979, 78)
1. Each commissioned abstracter shall provide an official seal
with which he shall authenticate all his official acts. There shall be
engraved on the official seal:
(a) The name of the county for which he has been commissioned.
(b) The name of the State.
(c) The name of the commissioned abstracter.
(d) The words “Commissioned Abstracter.”
2. An impression of the official seal shall be made on the
official bond of each commissioned abstracter before recording the bond.
[6:180:1927; NCL § 1455]
All acts of
any commissioned abstracter performed anywhere within this state shall be
of the same force and validity as if performed within the county for
which he was appointed and in which he resides.
[4:180:1927; NCL § 1453]
A commissioned abstracter shall have
authority:
1. To make search and examination of all public records and
compile abstracts of title to real property or other property therefrom.
2. To make abstracts or copies of any and all instruments of
record in any public office within this state, and certify the same in
his official name and title, and under his official seal.
[7:180:1927; NCL § 1456]
Each commissioned abstracter shall be entitled
to charge and receive, from a person or persons by whom he is employed,
for services rendered, such fees as would be considered just and
reasonable.
[8:180:1927; NCL § 1457]
The Secretary of State may
at any time, for cause, revoke the commission of a commissioned
abstracter.
[Part 3:180:1927; NCL § 1452]—(NRS A 1997, 941)
1. For any misconduct or neglect in any of the matters in which
any commissioned abstracter appointed under the authority of NRS 240.240
to 240.330 , inclusive, is authorized to act, he shall be
liable on his official bond to the person or persons injured thereby for
all damages sustained.
2. For any willful violation or neglect any commissioned
abstracter shall be subject to criminal prosecution, and may be punished
by fine not exceeding $2,000 and removal from office.
[9:180:1927; NCL § 1458]
|
