Nevada Administrative Code › Chapter 240 - Notaries Public › ELECTRONIC NOTARIZATION ENABLING ACT › Section 240.722 - Solution provider: Requirements for registration; notice to Secretary of State of change in electronic notarization solution

Current through June 11, 2024
1. The
			 Secretary of State will register a solution provider if the electronic
			 notarization solution provided by the solution provider meets all of the
			 following requirements:
(a) Provides secure
			 access to the electronic notarization solution by password or another secure
			 means that identifies the electronic notary public accessing the electronic
			 notarization solution.
(b) Uses a
			 registry of persons registered as electronic notaries public maintained by the
			 Secretary of State, if any, to verify that the registration of an electronic
			 notary public logging into the electronic notarization solution to perform an
			 electronic notarial act is in active status and prohibits a person whose
			 registration as an electronic notary public is not in active status, as
			 indicated in the registry maintained by the Secretary of State, if any, from
			 beginning or completing an electronic notarial act using the electronic
			 notarization solution.
(c) Provides
			 for uninterrupted, continuous and simultaneous audio-video communication
			 between an electronic notary public and a principal.
(d) Provides audio-video communication with a
			 video resolution and audio quality that ensures that:
(1) An electronic notary public and a
			 principal are able to see, hear and communicate with each other in real time;
			 and
(2) An electronic notary public
			 is able to match the appearance of a principal with the credential presented by
			 the principal.
(e)
			 Provides a secure communication link for audio-video communication that ensures
			 that only the parties to an electronic notarial act and those persons
			 authorized by each party to the electronic notarial act are part of the
			 audio-video communication.
(f)
			 Provides an electronic journal of electronic notarial acts that complies with
			 the provisions of this chapter and chapter 240 of NRS governing the requirement
			 for an electronic notary public to keep an electronic journal of each
			 electronic notarial act.
(g)
			 Provides for the recording of an electronic notarial act performed by
			 audio-video communication that complies with
			 NRS
			 240.1995 and sections 25 to 28, inclusive and
			 that is of sufficient quality to ensure verification of the recorded electronic
			 notarial act.
(h) Is capable of
			 confirming that an electronic document presented for the performance of an
			 electronic notarial act is the same electronic document on which the electronic
			 notarial act was performed.
(i)
			 Enables an electronic notary public to affix the wording of a notarial
			 certificate required by
			 NRS 240.1655,
			 240.166
			 to
			 240.167,
			 inclusive, 240.1685 or 240.169, as applicable, and the electronic notary seal
			 of the electronic notary public.
(j) Enables a person viewing an electronic
			 document on which an electronic notarial act was performed to view the
			 electronic signature and electronic seal of the electronic notary public who
			 performed the electronic notarial act.
(k) Provides a method for determining whether
			 an electronic document on which an electronic notarial act was performed has
			 been altered after the electronic seal of the electronic notary public who
			 performed the electronic notarial act has been affixed to the electronic
			 document and the electronic notarial act was completed.
(l) Prevents unauthorized access to:
(1) An audio-video communication between an
			 electronic notary public and a principal;
(2) The recording of an electronic notarial
			 act required by
			 NRS
			 240.1995 for an electronic notarial act
			 performed using audio-video communication;
(3) Any personally identifying information
			 used in a credential analysis, in identity proofing or in any other part of an
			 audio-video communication, including, without limitation:
(I) A method of credential analysis and the
			 output of that analysis;
(II) Any
			 credential presented to an electronic notary public;
(III) The questions and answers used to
			 conduct a dynamic knowledge-based authentication assessment pursuant to
			 NRS
			 240.1997 and section 22 ;
(IV) Birthdates; and
(V) Social security numbers; and
(4) The electronic document on
			 which an electronic notarial act was performed.
(m) Provides a method for generating a paper
			 copy of the electronic journal of an electronic notary public and an electronic
			 document on which an electronic notarial act was performed, including, without
			 limitation, the electronic notarial certificate for the electronic document,
			 the electronic signature and electronic seal of the electronic notary public
			 who performed the electronic notarial act and any other document associated
			 with the electronic document.