reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 240 - Notaries Public › STANDARDS OF PRACTICE › Section 240.340 - Person physically unable to sign document who directs another person to sign required to appear before notarial officer with such other person at time of signing; short form for acknowledgment

Current through June 11, 2024
1. If a person
			 is physically unable to sign a document that is presented to a notarial officer
			 and directs a person other than the notarial officer to sign the person's name
			 on the document pursuant to
			 NRS 240.1655, both
			 the person who is physically unable to sign the document and the person
			 directed to sign the person's name on the document shall appear before the
			 notarial officer at the time the document is signed.
2. The following certificate is sufficient
			 for an acknowledgment by a person who is physically unable to sign a document
			 and directs another person to sign the person's name on the document pursuant
			 to
			 NRS 240.1655:
State of Nevada
County of..........
This
			 instrument was acknowledged before me on..........(date) by..........(name of
			 person physically unable to sign the document) who directed that his or her
			 signature be affixed to the above instrument by..........(name of person
			 directed to sign the document).
..................................................
(Signature of notarial officer)
(Seal, if any)
..................................................
(Title
			 and rank (optional))
Added to NAC by Sec'y of State by
			 R116-13, eff. 3-28-2014
NRS
			 240.017
Nevada Administrative Code › Chapter 240 - Notaries Public › RULES OF PRACTICE AND PROCEDURE FOR REVOCATION OF COMMISSION › Section 240.400 - Scope and construction

Current through June 11, 2024
NAC 240.400 to
			 240.540, inclusive:
1. Govern all practice and procedure before
			 the Secretary of State for the revocation of a notary public commission as
			 provided in
			 NRS
			 240.150 or the revocation of a registration
			 as an electronic notary public.
2.
			 Must be liberally construed to secure just, speedy and economical determination
			 of all issues presented to the Secretary of State and to effectuate the
			 purposes of chapter 233B of NRS and
			 NRS
			 240.010 to
			 240.150,
			 inclusive.
3. Must not be construed
			 as conflicting with any provisions of NRS as they pertain to the powers and
			 duties of the Secretary of State, but rather must be construed as being in
			 harmony with them.
Sec'y of State, Practice Reg. 1
			 §§ 1.1, 1.2 & 1.4, eff. 6-23-76-Substituted in revision for NAC
			 240.010; A by
			 R065-19A,
			 eff. 12/18/2019
NRS
			 240.206
Nevada Administrative Code › Chapter 240 - Notaries Public › RULES OF PRACTICE AND PROCEDURE FOR REVOCATION OF COMMISSION › Section 240.410 - Relief from regulations

Current through June 11, 2024
In special cases, where good cause appears, not
			 contrary to law, the Secretary of State may permit deviation from NAC 240.400
			 to 240.540, inclusive, where compliance is found to be impractical and
			 unnecessary.
Sec'y of State, Practice Reg. 1
			 § 1.3, eff. 6-23-76-Substituted in revision for NAC
			 240.020
NRS
			 240.017
Nevada Administrative Code › Chapter 240 - Notaries Public › RULES OF PRACTICE AND PROCEDURE FOR REVOCATION OF COMMISSION › Section 240.420 - Communications with Secretary of State

Current through June 11, 2024
1. All written
			 communications and documents should be addressed to the Secretary of State and
			 will be deemed to be officially received only when delivered at the Office of
			 the Secretary of State.
2. The
			 principal office of the Secretary of State is: Office of the Secretary of
			 State, Capitol Building, Carson City, Nevada 89701. The Office of the Secretary
			 of State will be open from 8:00 a.m. to 5:00 p.m. each day except Saturday,
			 Sunday and legal holidays.
Sec'y of State, Practice Reg. 2,
			 eff. 6-23-76-Substituted in revision for NAC
			 240.030
NRS
			 240.017
Nevada Administrative Code › Chapter 240 - Notaries Public › RULES OF PRACTICE AND PROCEDURE FOR REVOCATION OF COMMISSION › Section 240.430 - Parties

Current through June 11, 2024
1. Parties to proceedings before the
			 Secretary of State under NAC 240.400 to 240.540, inclusive, consist of the
			 staff of the Office of the Secretary of State and the notary public whose
			 commission is subject to revocation, or his or her authorized
			 representatives.
2. The Secretary
			 of State's staff may appear at any hearing and have all rights of participation
			 as a party to the proceeding. If counsel is desired, the Attorney General will
			 represent the staff.
Sec'y of State, Practice Reg. 3,
			 eff. 6-23-76-Substituted in revision for NAC
			 240.040
NRS
			 240.017
Nevada Administrative Code › Chapter 240 - Notaries Public › RULES OF PRACTICE AND PROCEDURE FOR REVOCATION OF COMMISSION › Section 240.440 - Filing and service

Current through June 11, 2024
1. An original and
			 two legible copies of all documents, motions or other papers must be filed with
			 the Secretary of State. The Secretary of State will retain the original
			 document, motion or other paper. If the Attorney General will be representing
			 the staff of the Office of the Secretary of State at any hearing, the Secretary
			 of State will provide to the Attorney General a copy of all documents, motions
			 and other papers.
2. All notices,
			 opinions, decisions, orders or documents required to be served by the Secretary
			 of State and all documents filed by any party may be served personally or by
			 certified mail, and if service is made by mail, service is complete when a true
			 copy of the documents, properly addressed and stamped, is deposited in the
			 United States mail.
3. All
			 documents required to be served by any party must contain an acknowledgment or
			 certificate of service.
Sec'y of State, Practice Reg. 5,
			 eff. 6-23-76-NAC A 9-1-94-Substituted in revision for NAC
			 240.050
NRS
			 240.017
Nevada Administrative Code › Chapter 240 - Notaries Public › RULES OF PRACTICE AND PROCEDURE FOR REVOCATION OF COMMISSION › Section 240.450 - Briefs

Current through June 11, 2024
The
			 Secretary of State may order briefs to be filed within such time as may be
			 allowed by the Secretary of State and the brief must be accompanied by proof of
			 service in accordance with subsection 3 of NAC 240.440.
Sec'y of State, Practice Reg. 6
			 § 6.11, eff. 6-23-76-Substituted in revision for NAC
			 240.060
NRS
			 240.017
Nevada Administrative Code › Chapter 240 - Notaries Public › RULES OF PRACTICE AND PROCEDURE FOR REVOCATION OF COMMISSION › Section 240.460 - Show cause orders

Current through June 11, 2024
1. Hearings will be
			 held before the Secretary of State pursuant to a show cause order being issued
			 to the notary public concerned by the Secretary of State. The Secretary of
			 State may designate one of his or her deputies or another competent person to
			 act in his or her place at the hearing.
2. The show cause order must be substantially
			 in the form available from the Office of the Secretary of State, and must
			 include:
(a) A statement of the time, place
			 and nature of the hearing.
(b) A
			 statement of the legal authority and jurisdiction under which the hearing is to
			 be held.
(c) A reference to the
			 cause for which the notary public's commission is subject to
			 revocation.
(d) A short and plain
			 statement of the matters asserted.
Nevada Administrative Code › Chapter 240 - Notaries Public › RULES OF PRACTICE AND PROCEDURE FOR REVOCATION OF COMMISSION › Section 240.470 - Failure to appear

Current through June 11, 2024
1. If a party fails
			 to appear at a hearing scheduled by the Secretary of State in a show cause
			 order and no continuance has been requested or granted, the Secretary of State
			 may hear the evidence of such witnesses as may have appeared and the Secretary
			 of State may proceed to consider the matter and dispose of it on the basis of
			 the evidence before him or her in the manner required by NAC 240.400 to
			 240.540, inclusive.
2. Where,
			 because of accident, sickness or other reasonable cause, a person fails to
			 appear for a hearing scheduled by the Secretary of State or fails to request a
			 continuance, the person may, within a reasonable period of time, not to exceed
			 15 days, apply to the Secretary of State to reopen the proceedings, and the
			 Secretary of State upon finding such cause sufficient and reasonable will
			 immediately fix a time and place for hearing and give the person notice of the
			 hearing. At the time and place fixed, a hearing must be held at which the
			 person may testify in his or her own behalf or present such other evidence as
			 may be beneficial to his or her cause. Witnesses who have previously testified
			 are not required to appear at the second hearing unless so directed by the
			 Secretary of State.
Sec'y of State, Practice Reg. 6
			 § 6.2, eff. 6-23-76-Substituted in revision for NAC
			 240.080
NRS
			 240.017
Nevada Administrative Code › Chapter 240 - Notaries Public › RULES OF PRACTICE AND PROCEDURE FOR REVOCATION OF COMMISSION › Section 240.480 - Appearance at hearing

Current through June 11, 2024
1. At any hearing,
			 all parties named are entitled to make an appearance, introduce evidence,
			 examine and cross-examine witnesses, make arguments and participate in the
			 conduct of the proceedings.
2.
			 Parties shall enter their appearance at the beginning of a hearing or at any
			 time as may be designated by the Secretary of State by giving their names and
			 addresses and stating their position or interest to the Secretary of
			 State.
3. Appearances and
			 representation of parties must be made as follows:
(a) A party is entitled to be heard in person
			 or by his or her attorney.
(b) An
			 attorney appearing as counsel in any proceeding must be an attorney at law,
			 admitted to practice and in good standing before the highest court of any
			 state. If the attorney is not admitted and entitled to practice before the
			 Supreme Court of Nevada, an attorney so admitted and entitled to practice must
			 be associated.
Nevada Administrative Code › Chapter 240 - Notaries Public › RULES OF PRACTICE AND PROCEDURE FOR REVOCATION OF COMMISSION › Section 240.490 - Withdrawal of attorney

Current through June 11, 2024
Any attorney of record wishing to withdraw from
			 a proceeding before the Secretary of State shall, in writing, immediately
			 notify the Secretary of State and the party he or she represented.
Sec'y of State, Practice Reg. 4
			 § 4.5, eff. 6-23-76-Substituted in revision for NAC
			 240.100
NRS
			 240.017
Nevada Administrative Code › Chapter 240 - Notaries Public › RULES OF PRACTICE AND PROCEDURE FOR REVOCATION OF COMMISSION › Section 240.500 - Conduct at hearings

Current through June 11, 2024
1. A person
			 appearing in a proceeding shall conform to the recognized standards of ethical
			 and courteous conduct. All parties to hearings, their counsel and spectators
			 will conduct themselves in a respectful manner.
2. Smoking is not permitted at hearings of
			 the Secretary of State while in session.
Sec'y of State, Practice Reg. 4
			 § 4.6 + Reg. 6 § 6.4, eff. 6-23-76-Substituted in revision for NAC
			 240.110
NRS
			 240.017
Nevada Administrative Code › Chapter 240 - Notaries Public › RULES OF PRACTICE AND PROCEDURE FOR REVOCATION OF COMMISSION › Section 240.510 - Hearings: Preliminary procedure; evidence

Current through June 11, 2024
1. The
			 Secretary of State will call the proceeding to order and proceed to take the
			 appearances of the parties. The parties may then make opening statements if
			 they desire.
2. All testimony to be
			 considered by the Secretary of State in any hearing, except matters noticed
			 officially or entered by stipulation, must be sworn testimony. Before taking
			 the witness stand, each person shall swear or affirm that the testimony he or
			 she is about to give in hearing before the Secretary of State is the truth, the
			 whole truth and nothing but the truth.
3. Evidence will ordinarily be received in
			 the following order:
(a) Secretary of State's
			 staff.
(b) The notary public for
			 whom the hearing is being held.
(c)
			 Rebuttal by the Secretary of State's staff.
This procedure may be
			 modified by the Secretary of State. Closing statements by the parties may be
			 allowed by the Secretary of State.
Nevada Administrative Code › Chapter 240 - Notaries Public › RULES OF PRACTICE AND PROCEDURE FOR REVOCATION OF COMMISSION › Section 240.520 - Continuances

Current through June 11, 2024
The
			 Secretary of State may prior to a hearing or during a hearing, and upon proper
			 showing, grant continuances for submission of further or additional proof of
			 any subject matter.
Sec'y of State, Practice Reg. 6
			 § 6.10, eff. 6-23-76-Substituted in revision for NAC
			 240.130
NRS
			 240.017
Nevada Administrative Code › Chapter 240 - Notaries Public › RULES OF PRACTICE AND PROCEDURE FOR REVOCATION OF COMMISSION › Section 240.530 - Decisions and orders

Current through June 11, 2024
1. A decision or
			 order which is adverse to a party in any hearing must be in writing or stated
			 in the record, and must include findings of fact and conclusions of law,
			 separately stated.
2. Orders or
			 decisions must be rendered within 30 days of the completion of the
			 hearing.
3. A proceeding stands
			 submitted for decision by the Secretary of State after the taking of evidence
			 or the filing of briefs or the presentation of such oral argument as may have
			 been permitted by the Secretary of State.
4. Decisions and orders of the Secretary of
			 State will be served by sending a copy by certified mail to the parties of
			 record or their representatives or by personal service thereof. Additional
			 copies of orders may be obtained upon written request.
Sec'y of State, Practice Reg. 7,
			 eff. 6-23-76-Substituted in revision for NAC
			 240.140
NRS
			 240.017
Nevada Administrative Code › Chapter 240 - Notaries Public › RULES OF PRACTICE AND PROCEDURE FOR REVOCATION OF COMMISSION › Section 240.540 - Transcripts of hearings

Current through June 11, 2024
The Secretary of State will cause a record to
			 be made of all hearings, in accordance with
			 NRS
			 233B.121. Parties desiring copies of
			 transcripts may obtain them from the Office of the Secretary of State upon
			 payment of the fees fixed for them.
Sec'y of State, Practice Reg. 6
			 § 6.13, eff. 6-23-76-Substituted in revision for NAC
			 240.150
NRS
			 240.017
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.600 - Definitions

Current through June 11, 2024
As used
			 in this chapter, unless the context otherwise requires, the words and terms
			 defined in
			 NRS
			 240.002 to
			 240.0067,
			 inclusive, and 240.1821 to 240.1882, inclusive, and sections 3 to 8, inclusive
			 have the meanings ascribed to them in those sections.
Added to NAC by Sec'y
			 of State by
			 R065-19A,
			 eff. 12/18/2019
NRS
			 240.206
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.610 - "Credential" defined

Current through June 11, 2024
"Credential" has the meaning ascribed to it in
			 NRS
			 240.1823 and includes, without limitation, a
			 card or other document issued by a governmental entity as a means of
			 identifying the principal that contains the photograph and signature of the
			 principal and constitutes satisfactory evidence of the identity of a principal
			 for the purposes of
			 NRS
			 240.1655.
Added to NAC by Sec'y
			 of State by
			 R065-19A,
			 eff. 12/18/2019
NRS
			 240.206
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.615 - "Electronic notarial certificate" defined

Current through June 11, 2024
"Electronic notarial certificate" means the
			 portion of an electronic document that:
1. Is completed by an electronic notary
			 public; and
2. Bears the electronic
			 signature and electronic seal of the electronic notary public and the wording
			 of the applicable notarial certificate as required by
			 NRS 240.1655,
			 240.166
			 to
			 240.167,
			 inclusive, 240.1685 or 240.169.
Added to NAC by Sec'y
			 of State by
			 R065-19A,
			 eff. 12/18/2019
NRS
			 240.206
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.617 - "Electronic notarization solution" defined

Current through June 11, 2024
"Electronic notarization solution" means a
			 set of applications, programs, hardware, software or technology designed to
			 enable the performance of an electronic notarial act.
Added to NAC by Sec'y
			 of State by
			 R065-19A,
			 eff. 12/18/2019
NRS
			 240.206
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.624 - "Identity proofing" defined

Current through June 11, 2024
"Identity proofing" means a process or service
			 through which the identity of a principal is affirmed through a review of
			 personal information from public or proprietary data sources.
Added to NAC by Sec'y
			 of State by
			 R065-19A,
			 eff. 12/18/2019
NRS
			 240.206
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.630 - "Principal" defined

Current through June 11, 2024
"Principal" means the natural person for whom
			 an electronic notarial act is performed.
Added to NAC by Sec'y
			 of State by
			 R065-19A,
			 eff. 12/18/2019
NRS
			 240.206
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.635 - "Solution provider" defined

Current through June 11, 2024
"Solution provider" means a third-party vendor
			 that provides an electronic notarization solution.
Added to NAC by Sec'y
			 of State by
			 R065-19A,
			 eff. 12/18/2019
NRS
			 240.206
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.645 - Registration required; suspension or revocation of appointment of notary public for performing or offering to perform electronic notarial act without valid registration

Current through June 11, 2024
1. A person may not
			 perform an electronic notarial act, including, without limitation, an
			 electronic notarial act performed using audio-video communication, unless the
			 Secretary of State has approved the registration of the person as an electronic
			 notary public pursuant to section 13 and the registration is in active
			 status.
2. The Secretary of State
			 may suspend or revoke the appointment of a notary public who performs or offers
			 to perform an electronic notarial act without a registration as an electronic
			 notary public that has been approved by the Secretary of State pursuant to
			 section 13 and is in active status.
Added to NAC by Sec'y
			 of State by
			 R065-19A,
			 eff. 12/18/2019
NRS
			 240.192,
			 240.206
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.648 - Additional information required for registration

Current through June 11, 2024
In addition to the information
			 required by
			 NRS
			 240.192, a person registering as an
			 electronic notary public must include with his or her registration:
1. The notary public commission number
			 assigned to the person by the Secretary of State;
2. The name of each solution provider whose
			 electronic notarization solution the person intends to use to perform an
			 electronic notarial act;
3. A copy
			 of the electronic seal and electronic signature of the person that is:
(a) An exact representation of the
			 handwritten signature of the person on file with the Secretary of State;
			 and
(b) In a file format that can
			 be read without additional software and be compared for authentication purposes
			 to the person's handwritten signature on file with the Secretary of
			 State;
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.650 - Course of study and payment of fee required for registration

Current through June 11, 2024
A notary public seeking to
			 register as an electronic notary public must successfully complete the required
			 course of study on electronic notarization provided pursuant to
			 NRS
			 240.195 and pay the fee charged by the
			 Secretary of State to each person who enrolls in such a course of study. The
			 required course of study on electronic notarization provided pursuant to
			 NRS
			 240.195 and the fee for that course is in
			 addition to the requirements imposed on the notary public to successfully
			 complete a course of study pursuant to
			 NRS
			 240.018 and to pay the fee for that
			 course.
Added to NAC by Sec'y
			 of State by
			 R065-19A,
			 eff. 12/18/2019
NRS
			 240.192,
			 240.206
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.654 - Methods of payment of fee for registration; authority of Secretary of State to refuse or revoke registration if method of payment is dishonored or stopped; resubmission of registration after refusal or revocation

Current through June 11, 2024
1. A person registering as an electronic
			 notary public must pay the registration fee required by
			 NRS
			 240.192 and the fee for the course of study
			 provided pursuant to
			 NRS
			 240.195 using any of the following methods of
			 payment:
(a) A credit card.
(b) A debit card.
(c) The Trust Account for Advance Fees
			 established by the Secretary of State pursuant to
			 NRS
			 225.165.
(d) Any other method of payment used by the
			 Secretary of State for the provision of online services.
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.658 - Approval of registration; authority of Secretary of State to refuse registration; effective date of registration

Current through June 11, 2024
1. If a person who
			 is registering as an electronic notary public satisfies all of the requirements
			 for such a registration pursuant to this chapter and chapter 240 of NRS, the
			 Secretary of State will:
(a) Approve the
			 registration of the person as an electronic notary public;
(b) Cause the processing system maintained by
			 the Office of the Secretary of State to be updated to indicate the registration
			 of the person as an electronic notary public; and
(c) Notify the person that he or she has been
			 registered as an electronic notary public.
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.660 - Commission number assigned to notary public retained

Current through June 11, 2024
A notary public who is registered
			 by the Secretary of State as an electronic notary public retains the commission
			 number assigned by the Secretary of State to the notary
			 public.
Added to NAC by Sec'y
			 of State by
			 R065-19A,
			 eff. 12/18/2019
NRS
			 240.192,
			 240.206
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.665 - Duties of electronic notary public

Current through June 11, 2024
An electronic notary public shall take
			 reasonable steps to:
1. Ensure the
			 integrity, security and authenticity of each electronic notarial act performed
			 by the electronic notary public;
2.
			 Maintain a secure backup of the electronic journal kept by the electronic
			 notary public in accordance with
			 NRS
			 240.201;
3. Maintain a secure backup of each recording
			 of an electronic notarial act performed by the electronic notary public which
			 is made pursuant to
			 NRS
			 240.1995; and
4. Ensure that any audio-video communication
			 for the purpose of performing an electronic notarial act is secure from
			 unauthorized access or interception.
Added to NAC by Sec'y
			 of State by
			 R065-19A,
			 eff. 12/18/2019
NRS
			 240.206
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.668 - Maintenance of record of electronic notarial act

Current through June 11, 2024
An electronic notary public shall
			 maintain an accurate and reliable record of each electronic notarial act
			 performed by the electronic notary public.
Added to NAC by Sec'y
			 of State by
			 R065-19A,
			 eff. 12/18/2019
NRS
			 240.206
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.670 - Electronic notarial act using audio-visual communication: Confirmation of identity of principal

Current through June 11, 2024
1. Before
			 performing an electronic notarial act by means of audio-visual communication,
			 an electronic notary public shall confirm the identity of the principal by:
(a) Personal knowledge;
(b) The oath of a credible witness who
			 personally knows the principal and the notary public; or
(c) Each of the following:
(1) Remote presentation by the person of a
			 government-issued identification credential that contains a photograph and the
			 signature of the person;
(2)
			 Credential analysis of the government-issued identification credential and the
			 data thereon that satisfies the requirements of section 21; and
(3) A dynamic knowledge-based authentication
			 assessment that satisfies the requirements of section 22 or identity proofing
			 in accordance with section 23.
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.674 - Electronic notarial act using audio-video communication: Performance of act for person physically located outside United States

Current through June 11, 2024
For the purposes of
			 NRS
			 240.1993, an electronic notarial act using
			 audio-video communication is performed for a person who is physically located
			 outside the United States if the person is physically located outside the
			 geographic boundaries of a state or commonwealth of the United States, the
			 District of Columbia, Puerto Rico, the United States Virgin Islands or any
			 territory or insular possession subject to the jurisdiction of the United
			 States.
Added to NAC by Sec'y
			 of State by
			 R065-19A,
			 eff. 12/18/2019
NRS
			 240.017,
			 240.206
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.676 - Electronic notarial act using audio-video communication: Agreement to performance of act by electronic notary public and principal

Current through June 11, 2024
An electronic notary public
			 may perform an electronic notarial act using audio-video communication only if
			 the electronic notary public and the principal agree to the performance of the
			 electronic notarial act using audio-video communication.
Added to NAC by Sec'y
			 of State by
			 R065-19A,
			 eff. 12/18/2019
NRS
			 240.017,
			 240.1991,
			 240.206
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.678 - Electronic notarial act using audio-video communication: Identification of principal and electronic document

Current through June 11, 2024
An electronic notary public who is performing
			 an electronic notarial act using audio-video communication shall:
1. Identify the principal in accordance with
			 section 15 ; and
2. Identify the
			 electronic document that is the subject of the electronic notarial act as the
			 document on which the principal executed his or her signature.
Added to NAC by Sec'y
			 of State by
			 R065-19A,
			 eff. 12/18/2019
NRS
			 240.017,
			 240.1991,
			 240.206
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.680 - Electronic notarial act using audio-video communication: Requirement to restart performance of act under certain circumstances

Current through June 11, 2024
1. An electronic notary public who is
			 performing an electronic notarial act using audio-video communication must
			 start the performance of the electronic notarial act from the beginning,
			 including, without limitation, confirming the identity of the principal in
			 accordance with
			 NRS
			 240.1997 and section 15 , if, at any time
			 during the performance of the electronic notarial act:
(a) The principal or the electronic notary
			 public exits the session;
(b) The
			 audio-video communication link is broken; or
(c) The electronic notary public believes
			 that the process of completing the electronic notarial act has been compromised
			 and cannot be completed because of the resolution or quality of the audio or
			 video transmission, or both.
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.682 - Electronic notarial act using audio-video communication: Duty of electronic notary public and solution provider to protect recording and identifying information from unauthorized access

Current through June 11, 2024
An electronic notary public performing an
			 electronic notarial act using audio-video communication and the solution
			 provider whose electronic notarization solution is used to perform the
			 electronic notarial act using audio-video communication shall ensure that the
			 recording of the electronic notarial act made pursuant to
			 NRS
			 240.1995 and any personally identifying
			 information disclosed during the performance of the electronic notarial act is
			 protected from unauthorized access.
Added to NAC by Sec'y
			 of State by
			 R065-19A,
			 eff. 12/18/2019
NRS
			 240.017,
			 240.1995,
			 240.206
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.684 - Electronic notarial act using audio-video communication: Use of solution provider to store electronic journal and recording

Current through June 11, 2024
1. An
			 electronic notary public may use a solution provider to store the electronic
			 journal of the electronic notary public and the recording made pursuant to
			 NRS
			 240.1995 of an electronic notarial act
			 performed using audio-video communication if the solution provider has
			 registered with the Secretary of State pursuant to section 35 and the
			 registration is in active status.
2. Except as otherwise provided in this
			 subsection, a solution provider that stores the electronic journal of an
			 electronic notary public and the recording made pursuant to
			 NRS
			 240.1995 of an electronic notarial act
			 performed using audio-video communication must allow the electronic notary
			 public sole control of his or her electronic journal and the recording made
			 pursuant to
			 NRS
			 240.1995. The solution provider may allow
			 access to the electronic journal of an electronic notary public or a recording
			 made pursuant to
			 NRS
			 240.1995 if the electronic notary public has
			 authorized such access or the access to the electronic journal or recording is
			 authorized pursuant to this chapter or chapter 240 of NRS.
3. As used in this section, "sole control"
			 has the meaning ascribed to it in
			 NRS
			 240.201.
Added to NAC by Sec'y
			 of State by
			 R065-19A,
			 eff. 12/18/2019
NRS
			 240.017,
			 240.1995,
			 240.201,
			 240.206
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.686 - Electronic notarial act using audio-video communication: Availability of recording to certain persons and entities

Current through June 11, 2024
The recording made pursuant to
			 NRS
			 240.1995 of an electronic notarial act
			 performed using audio-video communication may be made available:
1. To the principal for whom the electronic
			 notarial act was performed;
2. To
			 the Secretary of State;
3. To a law
			 enforcement or federal, state or local governmental agency in the course of an
			 enforcement action or the performance of any lawful duty;
4. Pursuant to a court order or
			 subpoena;
5. To the electronic
			 notary public who performed the electronic notarial act for any purpose set
			 forth in subsections 1 to 4, inclusive; or
6. To any other person who is authorized by
			 the parties to the electronic notarial act to obtain the recording.
Added to NAC by Sec'y
			 of State by
			 R065-19A,
			 eff. 12/18/2019
NRS
			 240.017,
			 240.1995,
			 240.206
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.689 - Electronic notarial act using audio-video communication: Access to certain documents and information by employer and solution provider

Current through June 11, 2024
For any authorized purpose
			 and to ensure compliance with the provisions of this chapter and chapter 240 of
			 NRS governing electronic notarial acts, the employer of an electronic notary
			 public who performs an electronic notarial act using audio-video communication
			 or the solution provider whose electronic notarization solution was used to
			 perform such an electronic notarial act, or both the employer of the electronic
			 notary public and the solution provider, may access:
1. The electronic seal of the electronic
			 notary public;
2. The electronic
			 signature of the electronic notary public;
3. If the electronic notary used an
			 electronic notarization solution to perform the electronic notarial act, the
			 electronic notarization solution; or
4. The recording made pursuant to
			 NRS
			 240.1995 of the electronic notarial
			 act.
Added to NAC by Sec'y
			 of State by
			 R065-19A,
			 eff. 12/18/2019
NRS
			 240.017,
			 240.1995,
			 240.206
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.695 - Requirements for credential analysis to confirm identity of principal

Current through June 11, 2024
1. To conduct a credential analysis for the
			 purpose of identifying the principal pursuant to
			 NRS
			 240.1997 and sections 15 and 20 , an
			 electronic notary public shall use a reputable third-party vendor or software
			 tool that:
(a) Demonstrates a proven
			 credential analysis process that enables the electronic notary public to
			 compare for consistency the information and photograph on a credential
			 presented by a principal and the principal as viewed by the electronic notary
			 public; and
(b) Employs a
			 technology that:
(1) Requires a credential to
			 pass a test of its authenticity that:
(I) Is
			 consistent with sound commercial practices;
(II) Uses appropriate technologies to confirm
			 the integrity of visual, physical or cryptographic security features;
(III) Uses appropriate technologies to
			 confirm that the credential is not fraudulent or inappropriately modified;
			 and
(IV) Uses information held or
			 published by the issuer of the credential or another authoritative source, as
			 available, to confirm the validity of the details of the credential;
			 and
(2) Provides the
			 output of the authenticity test to the electronic notary public.
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.697 - Requirements for dynamic knowledge-based authentication assessment to confirm identity of principal

Current through June 11, 2024
To conduct a dynamic knowledge-based
			 authentication assessment for the purpose of identifying the principal pursuant
			 to
			 NRS
			 240.1997 and sections 15 and 20 , an
			 electronic notary public shall use a procedure that:
1. Requires the principal to:
(a) Answer five questions concerning the
			 principal that are drawn from public or private data sources and provide a
			 minimum of five possible answers per question; and
(b) Obtain a passing score by answering
			 correctly at least 80 percent of the questions within a period of 2
			 minutes;
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.700 - Application by solution provider to conduct identity proofing; authority of Secretary of State upon receipt of application

Current through June 11, 2024
1. An
			 electronic notary public may use a solution provider who is registered with the
			 Secretary of State pursuant to sections 34 and 35 to confirm the identity of a
			 principal as required by
			 NRS
			 240.1997 and section 15 if the solution
			 provider is approved by the Secretary of State to conduct identity
			 proofing.
2. To apply for approval
			 to conduct identity proofing, an applicant must submit a written application to
			 the Secretary of State that identifies the identity proofing provided by the
			 solution provider and includes evidence sufficient to demonstrate that the
			 identity proofing provided by the solution provider meets or exceeds the
			 accuracy of a dynamic knowledge-based authentication assessment that satisfies
			 the requirements of section 22.
3.
			 Upon receipt of an application submitted pursuant to subsection 2, the
			 Secretary of State may:
(a) Request additional
			 information from the applicant;
(b)
			 Approve the application if the application is complete and the Secretary of
			 State determines that the identity proofing provided by the solution provider
			 meets or exceeds the accuracy of a dynamic knowledge-based authentication
			 assessment that satisfies the requirements of section 22; or
(c) Reject the application if the application
			 is incomplete or the Secretary of State determines that the identify proofing
			 provided by the solution provider does not meet or exceed the accuracy of a
			 dynamic knowledge-based authentication assessment that satisfies the
			 requirements of section 22.
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.705 - Information required in electronic seal; electronic document rendered tamper-evident; notation required if audio-video communication used to perform electronic notarial act

Current through June 11, 2024
1. Except as
			 otherwise provided in this section, the electronic seal of an electronic notary
			 public must include the information required to be set forth in a mechanical
			 stamp pursuant to
			 NRS
			 240.040 and must generally conform to the
			 size and other requirements set forth in
			 NRS
			 240.040 for a mechanical stamp.
2. After the electronic seal, electronic
			 signature and electronic notarial certificate are affixed or attached to or
			 logically associated with an electronic document and the electronic notarial
			 act is complete, the electronic document must be rendered
			 tamper-evident.
3. If an electronic
			 notary public performs an electronic notarial act using audio-video
			 communication, the electronic notary public must include adjacent to the
			 electronic seal or in the electronic notarial certificate a notation indicating
			 that the electronic notarial act was performed using audio-video communication.
			 The notation required by this subsection must be the following statement or a
			 substantially similar statement:
"Notarial act performed by audio-video
			 communication."
4. As used
			 in this section, "tamper-evident" means that an electronic document on which an
			 electronic notarial act is performed will display evidence of any change made
			 to the electronic document after the performance of the electronic notarial
			 act.
Added to NAC by Sec'y
			 of State by
			 R065-19A,
			 eff. 12/18/2019
NRS
			 240.017,
			 240.199,
			 240.202,
			 240.206
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.708 - Requirements for electronic journal of electronic notarial acts

Current through June 11, 2024
An electronic journal kept
			 by an electronic notary public pursuant to
			 NRS
			 240.201:
1. Must not allow the electronic notary
			 public or any other person to delete a record included in the electronic
			 journal or alter the content or sequence of such a record after the record is
			 entered into the electronic journal; and
2. Must be securely backed-up by the
			 electronic notary public and the solution provider whose electronic
			 notarization solution was used by the electronic notary public.
Added to NAC by Sec'y
			 of State by
			 R065-19A,
			 eff. 12/18/2019
NRS
			 240.017,
			 240.201,
			 240.206
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.710 - Electronic journal must not include identifying information or recording

Current through June 11, 2024
An
			 electronic notary public shall not include in the electronic journal kept by
			 the electronic notary public pursuant to
			 NRS
			 240.201:
1. The personally identifying information of
			 any person unless such information is required to be included in the electronic
			 journal pursuant to this chapter or chapter 240 of NRS.
2. The recording required by NRS 204.1995 for
			 an electronic notarial act performed using audio-video communication.
Added to NAC by Sec'y
			 of State by
			 R065-19A,
			 eff. 12/18/2019
NRS
			 240.017,
			 240.201,
			 240.206
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.712 - Inspection of electronic journal

Current through June 11, 2024
An electronic notary public shall allow for the
			 inspection of the electronic journal of the electronic notary public, as
			 required by
			 NRS
			 240.201.
Added to NAC by Sec'y
			 of State by
			 R065-19A,
			 eff. 12/18/2019
NRS
			 240.017,
			 240.201,
			 240.206
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.720 - Solution provider: Registration required; information submitted for registration; confidentiality of certain information

Current through June 11, 2024
1. A
			 person shall not act as a solution provider unless the person is registered
			 with the Secretary of State pursuant to this section and section 35 and
			 maintains a current state business license issued pursuant to chapter 76 of NRS
			 at all times that an electronic notary public is using the electronic
			 notarization solution of the solution provider.
2. To register with the Secretary of State as
			 a solution provider, a person must submit a registration to the Secretary of
			 State as an electronic document and include in the registration the following
			 information:
(a) The legal name of the
			 solution provider;
(b) The type of
			 business organization of the solution provider;
(c) The mailing address and the physical
			 address of the solution provider;
(d) The name and phone number of a contact
			 person for the solution provider;
(e) The name of the electronic notarization
			 solution provided by the solution provider;
(f) The name of the provider of the identity
			 proofing, dynamic knowledge-based authentication assessment, credential
			 analysis and digital certificate services for the solution provider;
(g) The business identification number
			 assigned by the Secretary of State to the solution provider pursuant to
			 NRS
			 225.082;
(h) A description of the technology used by
			 the solution provider to ensure compliance with the provisions of this chapter
			 and chapter 240 of NRS relating to the performance of electronic notarial
			 acts;
(i) The plan of the solution
			 provider for the retention, storage and disposition of documents, electronic
			 journals kept pursuant to
			 NRS
			 240.201, the recordings required by
			 NRS
			 240.1995 of electronic notarial acts
			 performed using audio-video communication and any other records pertaining to
			 the performance of an electronic notarial act if, for any reason, the solution
			 provider no longer makes its electronic notarization solution available to
			 electronic notaries public; and
(j)
			 A declaration that the electronic notarization solution provided by the
			 solution provider complies with the laws of this State governing electronic
			 notarial acts.
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.725 - Solution provider: Duty to ensure electronic notary public is registered and complies with requirements

Current through June 11, 2024
A solution provider shall take reasonable steps
			 to ensure that an electronic notary public using its electronic notarization
			 solution is registered with the Secretary of State and is in compliance with
			 the requirements of this chapter and chapter 240 of NRS for the performance of
			 an electronic notarial act.
Added to NAC by Sec'y
			 of State by
			 R065-19A,
			 eff. 12/18/2019
NRS
			 240.017,
			 240.206
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.730 - Electronic notary public: Prohibited acts

Current through June 11, 2024
An electronic notary public shall not:
1. Engage in any act prohibited by
			 NRS
			 240.075.
2. Perform an electronic notarial act using
			 audio-video communication while the electronic notary public is at a location
			 outside this State.
3. Fail to
			 record an electronic notarial act performed using audio-video communication as
			 required by
			 NRS
			 240.1995 or fail to keep such a recording in
			 accordance with the requirements of
			 NRS
			 240.1995.
4. Use an electronic seal or digital
			 certificate that is invalid or fails to meet the requirements of this chapter
			 or chapter 240 of NRS during the performance of an electronic notarial
			 act.
5. Fail to notify the
			 Secretary of State of a change in his or her electronic seal or digital
			 certificate.
6. Use his or her
			 electronic seal, alone or together with his or her electronic signature, except
			 in the performance of an electronic notarial act.
7. Allow unauthorized access to the
			 electronic journal kept by the electronic notary public pursuant to
			 NRS
			 240.201, his or her electronic signature or
			 his or her digital certificate, or to the electronic notarization solution used
			 by the electronic notary public to perform an electronic notarial
			 act.
8. Violate any other provision
			 of this chapter or chapter 240 of NRS relating to the performance of an
			 electronic notarial act.
Added to NAC by Sec'y
			 of State by
			 R065-19A,
			 eff. 12/18/2019
NRS
			 240.017,
			 240.201,
			 240.206
Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.735 - Penalties, prohibitions, liabilities, sanctions and remedies

Current through June 11, 2024
The
			 penalties, prohibitions, liabilities, sanctions and remedies for the improper
			 performance of an electronic notarial act are the same as provided by law for
			 the improper performance of a notarial act that is not an electronic notarial
			 act.
Added to NAC by Sec'y
			 of State by
			 R065-19A,
			 eff. 12/18/2019
NRS
			 240.206
Nevada Administrative Code › Chapter 240A - Document Preparation Services › Section 240A.010 - Interpretation of terms used in NRS 240A.030

Current through June 11, 2024
As used in
			 NRS
			 240A.030:
1. "Employee" does not include independent
		  contractors or persons rendering professional services to an employer on a fee,
		  retainer or contract basis.
2.
		  "Nonprofit organization which qualifies as a tax-exempt organization pursuant
		  to
		  26 U.S.C.
		  §
								501(c) " means a
		  nonprofit organization that:
(a) Is
		  incorporated as a nonprofit corporation pursuant to chapter 81 or 82 of NRS;
		  and
(b) Has received a
		  determination letter from the Internal Revenue Service indicating that the
		  organization is exempt from taxation pursuant to section 501(c) of the Internal
		  Revenue Code.
Nevada Administrative Code › Chapter 240A - Document Preparation Services › Section 240A.020 - "Display conspicuously" interpreted

Current through June 11, 2024
As used in
			 NRS
			 240A.160 and
			 240A.170,
			 "display conspicuously" means to place the required document in an area of a
			 place of business that is readily accessible to the public and where the
			 document is visible and may be read easily by members of the public.
Added to NAC by Sec'y of
			 State by R136-13, eff. 3-28-2014
NRS
				240A.160,
				240A.170,
				240A.250