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2023 Nevada Revised Statutes › Chapter 240 - Notaries Public and Commissioned Abstracters › NRS 240.201 - Duty to keep electronic journal of electronic notarial acts; suspension of registration for failure to produce electronic journal entry; period of retention of notarial records upon surrender, revocation or expiration of registration.

1. An electronic notary public shall keep an electronic journal of each electronic notarial act which includes, without limitation, the requirements of subsections 1 and 5 of NRS 240.120, but does not include the electronic signatures of the person for whom the electronic notarial act was performed and any witnesses.
2. An electronic notary public who performs electronic notarial acts shall:
(a) Describe each electronic notarial act in the electronic journal and specify whether the electronic notarial act was performed using audio-video communication;
(b) Maintain and protect the electronic journal at all times under his or her sole control; and
(c) Provide for lawful inspection and copying of the electronic journal.
3. An electronic notary public may maintain more than one electronic journal to record electronic notarial acts.
4. The fact that the employer or contractor of an electronic notary public keeps a record of electronic notarial acts does not relieve the electronic notary public of the duties required by this section.
5. An electronic journal must:
(a) Enable access by a password or other secure means of authentication; and
(b) Be capable of providing tangible or electronic copies of any entry made therein.
6. The Secretary of State may suspend the registration of an electronic notary public who fails to produce any electronic journal entry within 10 days after receipt of a request from the Secretary of State.
7. Upon surrender, revocation or expiration of a registration as an electronic notary public, all notarial records required pursuant to NRS 240.001 to 240.206, inclusive, must, except as otherwise provided by law, be kept by the electronic notary public for a period of 7 years after the termination of the registration of the electronic notary public.
8. As used in this section, "sole control" means being in the direct physical custody of or safeguarded by an electronic notary public with a password or other secure means of authentication.
(Added to NRS by 2009, 3024; A 2011, 1613; 2017, 84, 3454, 3457)
2023 Nevada Revised Statutes › Chapter 240 - Notaries Public and Commissioned Abstracters › NRS 240.202 - Use of electronic signature and electronic seal; safeguarding of electronic signature, electronic seal and notarial records; maintenance of technology or device used to create electronic signature.

1. The electronic signature and electronic seal of an electronic notary public must be used only for the purposes of performing electronic notarial acts.
2. An electronic notary public shall safeguard his or her electronic signature, the electronic seal and all notarial records maintained by the electronic notary public as follows:
(a) When not in use, the electronic notary public shall keep the electronic signature, electronic seal and all notarial records secure, under the exclusive control of the electronic notary public and protected by a password where applicable.
(b) An electronic notary public shall not permit his or her electronic signature or electronic seal to be used by any other person.
(c) An electronic notary public shall not surrender or destroy his or her notarial records except as otherwise required by the order of a court or as allowed pursuant to NRS 240.001 to 240.206, inclusive, or any regulations adopted pursuant thereto.
(d) Except as otherwise provided in subsection 3, an electronic notary public, within 10 days after discovering that his or her electronic signature or electronic seal has been stolen, lost, damaged or otherwise rendered incapable of affixing a legible image, shall:
(1) Inform the appropriate law enforcement agency in the case of theft or vandalism; and
(2) Notify the Secretary of State and the entity from which the electronic notary public obtained the electronic signature or electronic seal in writing, including, without limitation, a signature using the name under which the electronic notary public is registered pursuant to NRS 240.192.
3. An electronic notary public shall take reasonable steps to maintain the technology or device used to create his or her electronic signature, and to ensure that the technology or device has not been recalled, revoked, terminated or otherwise rendered ineffective or unsecure by the entity that created the technology or device. Upon learning that the technology or device used to create his or her electronic signature has been rendered ineffective or unsecure, an electronic notary public shall cease performing electronic notarial acts until:
(a) A new technology or device is acquired; and
(b) The electronic notary public sends an electronic notice to the Secretary of State that includes the electronic signature of the electronic notary public required pursuant to paragraph (c) of subsection 2 of NRS 240.192 relating to the new technology or device.
(Added to NRS by 2009, 3024; A 2017, 85, 3455, 3457)
2023 Nevada Revised Statutes › Chapter 240 - Notaries Public and Commissioned Abstracters › NRS 240.203 - Notice to Secretary of State of death of electronic notary public or surrender, revocation or expiration of registration; duty to erase, delete, destroy or otherwise render ineffective notary’s electronic signature technology or device.

1. Except as otherwise provided in subsection 3, if an electronic notary public dies during his or her period of registration, or if the registration of the electronic notary public is surrendered or revoked or expires, the electronic notary public, the executor of his or her estate or an authorized representative of the electronic notary public, as appropriate, shall:
(a) Notify the Secretary of State of the death, surrender, revocation or expiration; and
(b) Erase, delete, destroy or otherwise render ineffective the technology or device used to create his or her electronic signature.
2. Upon receipt of the notice required by subsection 1, the Secretary of State shall cancel the registration of the electronic notary public, effective on the date on which the notice was received.
3. A former electronic notary public whose previous registration as an electronic notary public was not revoked and whose previous registration as an electronic notary public was not denied is not required to erase, delete, destroy or otherwise render ineffective the technology or device used to create his or her electronic signature if the former electronic notary public renews his or her registration, using the same electronic signature, within 3 months after the expiration of his or her previous registration as an electronic notary public.
(Added to NRS by 2009, 3025; A 2017, 3456)
2023 Nevada Revised Statutes › Chapter 240 - Notaries Public and Commissioned Abstracters › NRS 240.204 - Unlawful acts.

1. A person who knowingly creates, manufactures or distributes software or hardware for the purpose of allowing a person to act as an electronic notary public without being registered in accordance with NRS 240.181 to 240.206, inclusive, is guilty of a gross misdemeanor.
2. A person who wrongfully obtains, conceals, damages or destroys the technology or device used to create the electronic signature of an electronic notary public is guilty of a gross misdemeanor.
(Added to NRS by 2009, 3025; A 2017, 3456)
2023 Nevada Revised Statutes › Chapter 240 - Notaries Public and Commissioned Abstracters › NRS 240.205 - Authentication of signature of electronic notary public by Secretary of State; penalty; regulations.

1. Except as otherwise provided in subsection 2, the Secretary of State shall, upon request, issue an authentication to verify that the electronic signature of the electronic notary public on an electronic document is genuine and that the electronic notary public holds the office indicated on the electronic document. The authentication must be:
(a) Signed by the Secretary of State; and
(b) In conformance with any relevant international treaties, agreements and conventions subscribed to by the Government of the United States, including, without limitation, the Hague Convention of October 5, 1961.
2. The Secretary of State shall not issue an authentication pursuant to subsection 1 if:
(a) The electronic document has not been electronically notarized in accordance with the provisions of NRS 240.001 to 240.206, inclusive;
(b) The Secretary of State has reasonable cause to believe that the electronic document may be used to accomplish any fraudulent, criminal or unlawful purpose; or
(c) The request to issue an authentication does not include a statement, in the form prescribed by the Secretary of State and signed under penalty of perjury, that the document for which the authentication is requested will not be used to:
(1) Harass a person; or
(2) Accomplish any fraudulent, criminal or other unlawful purpose.
3. No civil action may be brought against the Secretary of State on the basis that:
(a) The Secretary of State has issued an authentication pursuant to subsection 1; and
(b) The document has been used to:
(1) Harass a person; or
(2) Accomplish any fraudulent, criminal or other unlawful purpose.
4. A person who uses a document for which an authentication has been issued pursuant to subsection 1 to:
(a) Harass a person; or
(b) Accomplish any fraudulent, criminal or other unlawful purpose,
is guilty of a category C felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years, and may be further punished by a fine of not more than $5,000.
5. The Secretary of State may adopt regulations to carry out the provisions of this section.
(Added to NRS by 2009, 3025; A 2017, 85)
2023 Nevada Revised Statutes › Chapter 240 - Notaries Public and Commissioned Abstracters › NRS 240.250 - Appointment and commission.

The Secretary of State is empowered to appoint and commission commissioned abstracters in and for the several counties of this State, in any number in which applications may be made to the Secretary of State, as in his or her judgment may be deemed advisable.
[2:180:1927; NCL § 1451]—(NRS A 1997, 941)
2023 Nevada Revised Statutes › Chapter 240 - Notaries Public and Commissioned Abstracters › NRS 240.270 - Fee for commission; oath and bond.

1. Each commissioned abstracter, before entering upon the acts authorized in NRS 240.240 to 240.330, inclusive, and at the time the commissioned abstracter receives his or her commission, shall:
(a) Pay to the Secretary of State the sum of $10.
(b) Take the official oath as prescribed by law, which oath shall be endorsed on his or her commission.
(c) Enter into a bond to the State of Nevada in the sum of $2,000, to be approved by the district judge of the county for which the commissioned abstracter may be appointed.
2. Each commissioned abstracter shall have his or her commission, together with the bond, recorded in the office of the clerk of the county for which the commissioned abstracter has been appointed.
[5:180:1927; A 1951, 8]—(NRS A 1979, 78)
2023 Nevada Revised Statutes › Chapter 240 - Notaries Public and Commissioned Abstracters › NRS 240.280 - Seal.

1. Each commissioned abstracter shall provide an official seal with which the commissioned abstracter shall authenticate all his or her official acts. There shall be engraved on the official seal:
(a) The name of the county for which the commissioned abstracter has been commissioned.
(b) The name of the State.
(c) The name of the commissioned abstracter.
(d) The words "Commissioned Abstracter."
2. An impression of the official seal shall be made on the official bond of each commissioned abstracter before recording the bond.
[6:180:1927; NCL § 1455]
2023 Nevada Revised Statutes › Chapter 240 - Notaries Public and Commissioned Abstracters › NRS 240.290 - Acts may be performed anywhere in State.

All acts of any commissioned abstracter performed anywhere within this State shall be of the same force and validity as if performed within the county for which the commissioned abstracter was appointed and in which he or she resides.
[4:180:1927; NCL § 1453]
2023 Nevada Revised Statutes › Chapter 240 - Notaries Public and Commissioned Abstracters › NRS 240.300 - Powers.

A commissioned abstracter shall have authority:
1. To make search and examination of all public records and compile abstracts of title to real property or other property therefrom.
2. To make abstracts or copies of any and all instruments of record in any public office within this state, and certify the same in the official name and title of the commissioned abstracter, and under his or her official seal.
[7:180:1927; NCL § 1456]
2023 Nevada Revised Statutes › Chapter 240 - Notaries Public and Commissioned Abstracters › NRS 240.330 - Penalties.

1. For any misconduct or neglect in any of the matters in which any commissioned abstracter appointed under the authority of NRS 240.240 to 240.330, inclusive, is authorized to act, the commissioned abstracter shall be liable on his or her official bond to the person or persons injured thereby for all damages sustained.
2. For any willful violation or neglect any commissioned abstracter shall be subject to criminal prosecution, and may be punished by fine not exceeding $2,000 and removal from office.
[9:180:1927; NCL § 1458]
2023 Nevada Revised Statutes › Chapter 240A - Document Preparation Services › NRS 240A.010 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 240A.015 to 240A.050, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2013, 3465; A 2019, 844)
2023 Nevada Revised Statutes › Chapter 240A - Document Preparation Services › NRS 240A.020 - "Client" defined.

"Client" means a person who:
1. Represents or otherwise acts for himself or herself in a legal matter without the services of an attorney authorized to practice law in this State; and
2. Receives the services of a document preparation service in that legal matter or enters into a contract with a document preparation service to receive such services.
(Added to NRS by 2013, 3465)
2023 Nevada Revised Statutes › Chapter 240A - Document Preparation Services › NRS 240A.040 - "Legal matter" defined.

"Legal matter" means:
1. The preparation of any will or trust;
2. Any proceeding, filing or action affecting the immigration or citizenship status of a person and arising under:
(a) Immigration and naturalization law;
(b) An executive order or presidential proclamation; or
(c) 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
3. Any proceeding, filing or action otherwise affecting the legal rights, duties, obligations or liabilities of a person.
(Added to NRS by 2013, 3466)
2023 Nevada Revised Statutes › Chapter 240A - Document Preparation Services › NRS 240A.110 - Duration of registration; requirements for renewal; fee; expiration of registration of registrant who holds Employment Authorization Document; investigation of registrant.

1. The registration of a document preparation service is valid for 1 year after the date of issuance of the certificate of registration, unless the registration is suspended or revoked. Except as otherwise provided in this section, the registration may be renewed subject to the same conditions as the initial registration. An application for renewal must be made under penalty of perjury on a form prescribed by regulation of the Secretary of State and must be accompanied by:
(a) A renewal fee of $50; and
(b) A cash bond or surety bond meeting the requirements of NRS 240A.120 or proof that the applicant is covered by a bond filed by a business entity pursuant to NRS 240A.123, unless the bond previously filed by the registrant remains on file and in effect.
2. The registration of a registrant who holds a valid Employment Authorization Document issued by the United States Citizenship and Immigration Services of the Department of Homeland Security must expire on the date on which that person’s employment authorization expires.
3. The Secretary of State may:
(a) Conduct any investigation of a registrant that the Secretary of State deems appropriate.
(b) Require a registrant to submit a complete set of fingerprints and written permission authorizing the Secretary of State to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
4. After any investigation of the history of a registrant is completed, unless the Secretary of State elects or is required to deny renewal pursuant to this section or NRS 240A.270, the Secretary of State shall renew the registration if the registrant is qualified for registration and has complied with the requirements of this section.
(Added to NRS by 2013, 3467; A 2015, 937; 2017, 197; 2019, 846; 2021, 936)
2023 Nevada Revised Statutes › Chapter 240A - Document Preparation Services › NRS 240A.113 - Amended registration: Required for certain changes in information; failure to obtain; issuance.

1. If, at any time during his or her appointment, a registrant changes his or her mailing address, county of residence or place of business or employment, the registrant shall submit to the Secretary of State a request for an amended registration on a form provided by the Secretary of State. The request must:
(a) Include the new information; and
(b) Be submitted within 30 days after making the change.
2. The Secretary of State may suspend the registration of a registrant 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 registrant changes his or her name and the registrant intends to use his or her new name in performing document preparation services, the registrant shall submit to the Secretary of State a request for an amended registration on a form provided by the Secretary of State. The request must:
(a) Include the new name and signature and the address of the registrant; and
(b) Be submitted within 30 days after making the change.
4. Upon receipt of a request for an amended registration, the Secretary of State shall issue an amended registration.
(Added to NRS by 2023, 1518)
2023 Nevada Revised Statutes › Chapter 240A - Document Preparation Services › NRS 240A.115 - Disposition of fees.

The Secretary of State shall account for the fees received pursuant to NRS 240A.100 and 240A.110 separately, and use those fees, and any interest and income earned on those fees, solely to pay for expenses related to administering the document preparation services program pursuant to this chapter, including, without limitation, the cost of:
1. Materials and advertising to provide education and information about the program;
2. Any technology necessary to process and maintain registration as a document preparation service; and
3. Personnel and other operating expenses of the Office of the Secretary of State related to enforcing the provisions of this chapter and any regulations adopted pursuant thereto.
(Added to NRS by 2017, 194; A 2021, 937)
2023 Nevada Revised Statutes › Chapter 240A - Document Preparation Services › NRS 240A.125 - Amount of bond for business entity.

1. A bond filed by a business entity pursuant to NRS 240A.123 on behalf of the employees of the business entity who are registered as a document preparation service must be in the penal sum of:
(a) If the business entity employs 1 registrant to perform document preparation services, $25,000;
(b) If the business entity employs at least 2 but not more than 25 registrants to perform document preparation services, $50,000;
(c) If the business entity employs at least 26 but not more than 75 registrants to perform document preparation services, $75,000;
(d) If the business entity employs at least 76 but not more than 125 registrants to perform document preparation services, $100,000;
(e) If the business entity employs at least 126 but not more than 200 registrants to perform document preparation services, $150,000; and
(f) If the business entity employs more than 200 registrants to perform document preparation services, $200,000.
2. For purposes of determining the amount of the bond required pursuant to subsection 1, the number of registrants employed by a business entity to perform document preparation services is the greatest number of registrants who will perform document preparation services for the business entity at any time during the year, including, without limitation, on a temporary or seasonal basis.
(Added to NRS by 2019, 843)
2023 Nevada Revised Statutes › Chapter 240A - Document Preparation Services › NRS 240A.127 - Claim against bond; requirements; interpleader; priority.

1. A claim against a bond filed pursuant to NRS 240A.120 or 240A.123 may be filed in a court of competent jurisdiction for damages to the extent covered by the bond. A claim may not be brought against a bond after 3 years from the date of the act on which the action is based.
2. If a person commences an action pursuant to subsection 1, he or she must notify the Secretary of State in writing upon filing the action. Upon receiving such notification, the Secretary of State shall notify the person:
(a) Whether the bond is in effect;
(b) The amount of the bond; and
(c) If there is any other claim against the bond, the title, court and case number of the action and the amount sought by the plaintiff in the other action.
3. If a surety wishes to make payment without awaiting action by a court:
(a) The amount of the bond must be reduced to the extent of any payment made by the surety in good faith under the bond; and
(b) Any payment must be based on written claims received by the surety before any action is taken by a court.
4. A surety may bring an action for interpleader against all claimants upon the bond. If such an action for interpleader is brought, the surety:
(a) Shall publish notice of the action at least once each week for 2 weeks in every issue of a newspaper of general circulation in the county of the principal place of business of the registrant or business entity, as applicable; and
(b) May deduct its costs of the action, including, without limitation, costs for attorney’s fees and publication, from its liability under the bond.
5. Claims against a bond have equal priority. If a bond is insufficient to pay all claims in full, the claims must be paid on a pro rata basis. Any claimant may bring action against the registrant or business entity, as applicable, for the unpaid balance of a claim.
(Added to NRS by 2019, 843)
2023 Nevada Revised Statutes › Chapter 240A - Document Preparation Services › NRS 240A.130 - Payment of child support: Statement by applicant for registration; grounds for denial of registration; duties of Secretary of State. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. In addition to any other requirements set forth in this chapter:
(a) A person who applies for registration or the renewal of registration as a document preparation service pursuant to NRS 240A.100 or 240A.110 must include the social security number of the applicant in the application submitted to the Secretary of State.
(b) An applicant described in paragraph (a) shall submit to the Secretary of State the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The Secretary of State shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for registration or the renewal of registration; or
(b) A separate form prescribed by the Secretary of State.
3. Registration as a document preparation service may not be issued or renewed by the Secretary of State if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Secretary of State shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
(Added to NRS by 2013, 3469; A 2019, 848)
2023 Nevada Revised Statutes › Chapter 240A - Document Preparation Services › NRS 240A.140 - Suspension of registration for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of registration. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. If the Secretary of State receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a natural person who is registered as a document preparation service, the Secretary of State shall deem the registration to be suspended at the end of the 30th day after the date on which the court order was issued unless the Secretary of State receives a letter issued to the registrant by the district attorney or other public agency pursuant to NRS 425.550 stating that the registrant has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Secretary of State shall reinstate a registration as a document preparation service that has been suspended by a district court pursuant to NRS 425.540 if the Secretary of State receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the natural person whose registration was suspended stating that the person whose registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
(Added to NRS by 2013, 3469)
2023 Nevada Revised Statutes › Chapter 240A - Document Preparation Services › NRS 240A.150 - Advertisement for services of registrant: Inclusion of required statement; prohibition on dissemination; penalties.

1. Any advertisement for the services of a registrant which the registrant disseminates or causes to be disseminated must include a statement in the same language as the rest of the advertisement. The statement 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 AUTHORIZED TO GIVE LEGAL ADVICE OR LEGAL REPRESENTATION. I MAY NOT ACCEPT FEES FOR GIVING LEGAL ADVICE OR LEGAL REPRESENTATION.
2. A person shall not disseminate or cause to be disseminated any advertisement or other statement that he or she is engaged in the business of a document preparation service in this State unless he or she has complied with all the applicable requirements of this chapter.
3. If the Secretary of State finds a registrant in violation of the provisions of subsection 1, the Secretary of State may:
(a) Suspend the registration of the registrant for not less than 1 year.
(b) Revoke the registration of the registrant for a third or subsequent offense.
(c) Assess a penalty of not more than $1,000 for each violation.
4. Unless a greater penalty is provided pursuant to NRS 240A.290, a registrant who is found guilty in a criminal prosecution of violating the provisions of subsection 1 shall be punished by a fine of not less than $100 or more than $5,000 for each violation.
(Added to NRS by 2013, 3470; A 2023, 1519)
2023 Nevada Revised Statutes › Chapter 240A - Document Preparation Services › NRS 240A.160 - Display of copy of certificate of registration; display of notice relating to registrant.

1. Each registrant shall display conspicuously in his or her place of business a copy of his or her certificate of registration and a written notice meeting the requirements of this section.
2. The notice must:
(a) Be not less than 12 by 20 inches in size, and each character of text in the notice must be not less than 1 inch in height and 1 inch in width.
(b) Be written in English and in each other language in which the registrant transacts business with the registrant’s clients.
(c) Contain a statement that the registrant is not an attorney authorized to practice in this State and is prohibited from providing legal advice or legal representation to any person.
(d) Contain the full name of the registrant or, if more than one registrant is providing services at that place of business, the full name of each such registrant.
(e) Contain a list of the services provided by the registrant and the fee charged for each such service.
(f) Contain a statement that the registrant has filed with the Secretary of State a cash bond or surety bond, stating the amount and any identifying number of the bond.
(Added to NRS by 2013, 3470)
2023 Nevada Revised Statutes › Chapter 240A - Document Preparation Services › NRS 240A.170 - Display of business licenses.

1. A registrant required to obtain a state business license issued by the Secretary of State pursuant to chapter 76 of NRS shall:
(a) Obtain a state business license before offering a document preparation service; and
(b) Maintain a state business license during the period of the registrant’s registration as a document preparation service.
2. Each registrant shall display conspicuously in the registrant’s place of business a copy of:
(a) The state business license issued to the registrant or the registrant’s employer, as applicable, by the Secretary of State pursuant to chapter 76 of NRS; and
(b) Any business license issued to the registrant or the registrant’s employer, as applicable, by a local government in this State.
(Added to NRS by 2013, 3470)
2023 Nevada Revised Statutes › Chapter 240A - Document Preparation Services › NRS 240A.180 - Written disclosure of information to client; contents.

1. Before providing any services to a client or presenting a client with the contract required by NRS 240A.190, a registrant must:
(a) Furnish the client with a written form of disclosure meeting the requirements of this section, with a copy for the client to retain; and
(b) Require the client to read and sign the disclosure, acknowledging that the client has read and understands it.
2. The disclosure must be written in English and, if different, the language in which the registrant transacts business with the client and must include:
(a) The full name, business address and telephone number and registration number of the registrant.
(b) The name and business address of the registrant’s agent for service of process, if any, in this State.
(c) A statement that the registrant is not an attorney authorized to practice in this State and is prohibited from providing legal advice or legal representation to any person.
(d) Unless the registrant is an attorney licensed to practice in another state or other jurisdiction, a statement that any communication between the client and the registrant is not protected from disclosure by any privilege.
(e) A statement that the registrant has posted or filed with the Secretary of State a cash bond or surety bond, stating the amount of the bond and any identifying number of the bond.
(f) The expiration date of:
(1) The state business license issued to the registrant or the registrant’s employer, as applicable, by the Secretary of State pursuant to chapter 76 of NRS; and
(2) Any business license issued to the registrant or the registrant’s employer, as applicable, by a local government in this State.
(Added to NRS by 2013, 3470)
2023 Nevada Revised Statutes › Chapter 240A - Document Preparation Services › NRS 240A.190 - Written contract with client required; terms of contract; deficient contract voidable by client.

1. Before a registrant provides any services to a client, the registrant and the client must enter into a written contract meeting the requirements of this section. The registrant shall provide the client with a copy of the contract.
2. The contract must:
(a) Be written in English and, if different, in the language in which the registrant transacts business with the client, and be printed or typewritten in not less than 12-point type.
(b) Explain the services to be performed by the registrant and state the total price to be paid by the client for all such services.
(c) With respect to any document to be prepared by the registrant:
(1) State the estimated date by which the document is to be completed;
(2) Identify the court or agency with which the document is to be filed or submitted; and
(3) If applicable, identify any associated deadlines or hearing dates of the court or agency with which the document is to be filed or submitted.
(d) Include on the first page of the contract a statement in boldface type that the registrant is not an attorney authorized to practice in this State and is prohibited from providing legal advice or legal representation to any person.
(e) Include a statement that any complaint concerning the registrant may be directed to:
(1) If the complaint involves an alleged violation of this chapter, the Secretary of State; or
(2) If the complaint involves an allegation that the registrant is engaged in the unauthorized practice of law, the office of Bar Counsel of the State Bar of Nevada,
with the toll-free telephone number and Internet address for making the complaint.
(f) State the date of the client’s signature on the contract, if the client agrees to the terms of the contract.
3. A contract between a registrant and a client that does not comply with any requirement of this section is voidable by the client.
(Added to NRS by 2013, 3471)
2023 Nevada Revised Statutes › Chapter 240A - Document Preparation Services › NRS 240A.200 - Information required on certain documents prepared for client.

If a document prepared for a client by a registrant includes a place on the document for the registrant to provide information, including, without limitation, the name, business address, telephone number and registration number of the registrant, the registrant shall include the requested information on the document.
(Added to NRS by 2013, 3472; A 2015, 937)
2023 Nevada Revised Statutes › Chapter 240A - Document Preparation Services › NRS 240A.210 - Duties of registrant concerning documents of client.

1. A registrant shall take reasonable measures to safeguard from loss or damage any document provided to the registrant by a client in connection with services rendered by the registrant.
2. Except as otherwise provided in subsection 3, a registrant shall immediately return to a client any original document provided by the client:
(a) Upon the request of the client;
(b) If the contract required by NRS 240A.190 is not signed or is cancelled for any reason; or
(c) If the document is no longer needed for the services rendered by the registrant.
3. If a copy of any original document provided by a client is sufficient for the purposes of a legal matter, the registrant shall make or cause to be made a copy of the original document and immediately return the original to the client.
4. The duties of a registrant pursuant to this section are not affected by a dispute existing between the registrant and the client over the registrant’s fees or costs.
(Added to NRS by 2013, 3472)
2023 Nevada Revised Statutes › Chapter 240A - Document Preparation Services › NRS 240A.220 - Duty of registrant to provide copy of client’s file to governmental entities; retention and destruction of copies of documents.

1. Upon the presentation to a registrant of a written form of authorization signed by a client, the registrant shall provide a complete copy of the client’s file to an agent or employee of the Secretary of State or the Attorney General, or to an agent or employee of a law enforcement agency, without the necessity of a warrant or subpoena.
2. A registrant shall retain a copy of any document prepared for a client for not less than 3 years after the date of the last service performed for the client. At the end of that period, unless the client requests that the document be given to the client, the document may be destroyed by the registrant. Any method of destruction used by a registrant must ensure the complete and confidential destruction of the document.
(Added to NRS by 2013, 3472)
2023 Nevada Revised Statutes › Chapter 240A - Document Preparation Services › NRS 240A.230 - Receipt for client’s payment to registrant; required information on receipt.

A registrant shall provide a signed receipt to a client for each payment made to the registrant by the client. The receipt must be printed or typewritten on the letterhead of the registrant and must include the name, business address and telephone number, registration number and taxpayer identification number of the registrant.
(Added to NRS by 2013, 3472)
2023 Nevada Revised Statutes › Chapter 240A - Document Preparation Services › NRS 240A.245 - Unlawful acts; penalty; injunctive relief.

1. It is unlawful for a person to:
(a) Represent himself or herself as a document preparation service if the person has not registered as a document preparation service pursuant to this chapter, or if his or her registration is expired, revoked or suspended or is otherwise not in good standing.
(b) Submit an application for registration as a document preparation service that contains a substantial and material misstatement or omission of fact.
2. Any person who violates a provision of paragraph (a) of subsection 1 is liable for a penalty of not more than $1,000 for each violation, plus reasonable investigative fees and costs.
3. The Secretary of State may request that the Attorney General bring an action to enjoin any violation of paragraph (a) of subsection 1 and recover any penalties, attorney’s fees and costs.
4. Any person who is aware of a violation of this chapter by a registrant or a person applying for registration as a document preparation service may file a complaint with the Secretary of State setting forth the details of the violation that are known by the person who is filing the complaint.
(Added to NRS by 2023, 1518)
2023 Nevada Revised Statutes › Chapter 240A - Document Preparation Services › NRS 240A.250 - Regulations of Secretary of State; establishment of toll-free telephone number for complaints.

1. In addition to the regulations which the Secretary of State is required to adopt pursuant to this chapter, the Secretary of State may adopt any other regulations necessary to carry out the provisions of this chapter.
2. The Secretary of State shall:
(a) Establish a toll-free telephone number which may be used by any person to make a complaint about a registrant or an alleged violation of this chapter.
(b) Post on the Internet website of the Secretary of State information concerning making such a complaint, which must include the telephone number established pursuant to paragraph (a).
(Added to NRS by 2013, 3473)
2023 Nevada Revised Statutes › Chapter 240A - Document Preparation Services › NRS 240A.265 - Examination by Secretary of State of required records.

The Secretary of State may conduct periodic, special or any other examinations of any records required to be maintained pursuant to this chapter or any other provisions of NRS pertaining to the duties of a registrant as the Secretary of State deems necessary to determine whether a violation of this chapter or any other provision of NRS pertaining to the duties of a registrant has occurred.
(Added to NRS by 2015, 934)
2023 Nevada Revised Statutes › Chapter 240A - Document Preparation Services › NRS 240A.270 - Denial, suspension, revocation or refusal to renew registration.

1. The Secretary of State may deny, suspend, revoke or refuse to renew the registration of any person who violates a provision of this chapter or a regulation or order adopted or issued pursuant thereto. Except as otherwise provided in this section, a suspension or revocation may be imposed only after a hearing. The registration of a registrant may be suspended or revoked by the Secretary of State pending a hearing if the Secretary of State believes it is in the public interest or is necessary to protect the public.
2. The Secretary of State may suspend the registration of any person who is also appointed as a notary public pursuant to NRS 240.010 and whose appointment as a notary public is suspended for violating the provisions of NRS 240.001 to 240.169, inclusive, or a regulation or order adopted or issued pursuant thereto. If the Secretary of State suspends the registration of a registrant pursuant to this subsection:
(a) The Secretary of State shall notify the registrant in writing of the suspension.
(b) The registrant may have his or her registration as a document preparation service reinstated by the Secretary of State if his or her registration as a document preparation service has not expired during the suspension upon a showing that his or her suspension as a notary public has been lifted.
3. Except as otherwise provided in subsection 2, the Secretary of State shall immediately revoke the registration of a registrant upon the receipt of an official document or record showing:
(a) The entry of a judgment or conviction; or
(b) The occurrence of any other event,
that would disqualify the registrant from registration pursuant to subsection 2 of NRS 240A.100.
4. Upon the suspension or revocation of or refusal to renew the registration of a document preparation service pursuant to this section, the Secretary of State shall notify the Department of Motor Vehicles of the name of the document preparation service for the purposes of NRS 481.062.
(Added to NRS by 2013, 3474; A 2019, 850, 1877; 2023, 1522)
2023 Nevada Revised Statutes › Chapter 240A - Document Preparation Services › NRS 240A.280 - Civil actions brought by Attorney General or district attorney.

1. Upon referral by the Secretary of State, the Attorney General or the district attorney of the county in which the defendant resides or maintains a place of business may bring an action in the name of the State of Nevada in a court of competent jurisdiction:
(a) For injunctive relief against any person who violates or threatens to violate a provision of this chapter or a regulation or order adopted or issued pursuant thereto;
(b) For the recovery of a civil penalty against the defendant of not less than $100 or more than $5,000 for each such violation;
(c) For an order directing restitution to be made by the defendant to any person who suffers pecuniary loss as a result of such a violation; or
(d) For any combination of the remedies described in this subsection.
2. Any civil penalty recovered pursuant to this section must be paid to the Secretary of State and deposited in the State General Fund.
3. If the court determines that the State of Nevada is the prevailing party in an action brought pursuant to this section, the court shall award the State the costs of suit and reasonable attorney’s fees incurred in the action.
4. Upon the imposition of any remedy pursuant to this section against a document preparation service, the Attorney General or district attorney shall notify the Department of Motor Vehicles of the name of the document preparation service and the remedy imposed for the purposes of NRS 481.062.
(Added to NRS by 2013, 3474; A 2019, 1877)
2023 Nevada Revised Statutes › Chapter 240A - Document Preparation Services › NRS 240A.290 - Criminal penalties; restitution.

1. Except as otherwise provided in subsection 2, a person who willfully violates a provision of this chapter or a regulation or order adopted or issued pursuant thereto:
(a) For the first offense within the immediately preceding 5 years, is guilty of a misdemeanor.
(b) For a second or subsequent offense within the immediately preceding 5 years, is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $10,000, or by both fine and imprisonment.
2. A person who willfully violates a provision of this chapter or a regulation or order adopted or issued pursuant thereto is guilty of a category D felony and shall be punished as provided in NRS 193.130 if the offense results in irreparable harm to the client.
3. In addition to the penalties prescribed by subsection 1 or 2, the court may order a person described in subsection 1 or 2 to pay restitution to any person who has suffered a pecuniary loss as a result of the violation.
4. For the purposes of subsections 1, 2 and 3, evidence that a person has been served with an order by the Secretary of State pursuant to NRS 240A.260 before the date of the alleged violation is evidence that the alleged violation is intentional if it involves a repetition or a continuation of conduct of the kind described in the order.
(Added to NRS by 2013, 3474; A 2017, 1517)
2023 Nevada Revised Statutes › Chapter 240A - Document Preparation Services › NRS 240A.300 - Private actions; recovery of double damages.

Notwithstanding the provisions of NRS 240A.260 to 240A.290, inclusive, any person who suffers a pecuniary loss as a result of a violation of this chapter or a regulation or order adopted or issued pursuant thereto by a registrant or other person may bring an action against that person in any court of competent jurisdiction and may recover the sum of $500 or twice the amount of the pecuniary loss sustained, whichever is greater. If the court determines that the plaintiff is the prevailing party in an action brought pursuant to this section, the court shall award the plaintiff the costs of suit and reasonable attorney’s fees incurred in the action.
(Added to NRS by 2013, 3475)
2023 Nevada Revised Statutes › Chapter 240A - Document Preparation Services › NRS 240A.310 - Effect of provisions of chapter.

The provisions of this chapter do not:
1. Authorize the practice of law by any person who is not an active member of the State Bar of Nevada or otherwise authorized to practice law in this State; or
2. Prohibit a person from representing or otherwise acting for himself or herself in a legal matter without the services of an attorney.
(Added to NRS by 2013, 3475)
2023 Nevada Revised Statutes › Chapter 241 - Meetings of State and Local Agencies › NRS 241.010 - Legislative declaration and intent.

In enacting this chapter, the Legislature finds and declares that all public bodies exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly.
(Added to NRS by 1960, 25; A 1977, 1099; 2013, 727; 2019, 3618)