Nevada - U.S. Notary Reference
Last Update: September 10, 2025
QUICK FACTS
Notary Jurisdiction
Statewide (NRS 240.020).
Notary Term Length
Four years (NRS 240.020).
Notary Bond
10,000 (NRS 240.030.1[d]).
Notary Seal
Required (NRS 240.1655.1[d]).
Notary Journal
Required (NRS 240.120.1).
ADMINISTRATION AND RULES
Commissioning and Regulating Official
The Nevada Secretary of State appoints, regulates, and maintains records on the state’s Notaries (NRS 240.010.1; 240.017; 240.150).
Contact Information
Address
Office of Secretary of State
Notary Division
101 N. Carson Street, Suite 3
Carson City, NV 89701-3714Phone: 775-684-5708
Laws, Rules and Guidelines
Laws
Nevada Revised Statutes: Most Notary statutes are in the Nevada Revised Statutes (NRS) Chapter 240, “Notaries Public and Commissioned Abstracters,” including the “Uniform Law on Notarial Acts” and “Electronic Notarization Enabling Act”; Chapter 111, “Estates in Property; Conveyancing and Recording”; and Chapter 122, “Marriage.”
Citations: Citations to the Statutes in this chapter follow this convention: NRS, chapter, section, and any subsection, paragraph, or subparagraph within the section, if applicable, separated by periods and/or brackets. Example: NRS 240.010.1[c][2].
Rules
Nevada Administrative Code: Rules regulating Notaries are set forth in the Nevada Administrative Code, Chapter 240.
Citations: Citations to the Rules in this chapter follow this convention: NAC, chapter, and rule number separated by periods, and any subsection, paragraph, or subparagraph within the rule number, if any, separated by periods and/or brackets. Example: NAC 240.310[a].
Guidelines: Guidelines for Notaries may be found in the Nevada “Notary Public Handbook” (NPH) (2023-2027), which may be downloaded from the Secretary of State’s website.
COMMISSION AND APPOINTMENT
Generally, all information filed with or obtained by the Secretary — except that relating either to investigations of alleged notarial misconduct or to the appointment of someone previously convicted of certain crimes — is public information and available for public examination (NRS 240.007[1] through [3] and 240.010[3]). However, Notaries are not required to submit a residential address or telephone number on any application document that will become available to the public (NRS 240.030[3]).
Appointment Process
Qualifications: An applicant for appointment as a Nevada Notary Public must (NRS 240.015):
(a) Be at least 18 years old,
(b) Be a resident of Nevada or be a resident of a bordering state and maintain or be employed at a licensed place of business in Nevada,
(c) Possess his or her civil rights, and
(d) Have completed a course of study pursuant to NRS 240.018.
To qualify as a resident of Nevada pursuant to NRS 240.015, the applicant must have been “actually, physically and corporeally present in this state with the intent to establish permanent habitation for at least 30 days before the date on which he or she submitted his or her application” and, once appointed as a Notary, “must maintain residency in this state during the term of his or her appointment” (NAC 240.260).
Persons holding public office in the U.S. federal government are not eligible to become Nevada Notaries, though federal employees are (NV Atty. Gen. Op. 56-229).Course: Required. All new and renewing applicants for a Notary appointment must pass an approved course of instruction, as must a person who has committed a violation of NRS Chapter 240 or whose appointment has been suspended and who has been required by the Secretary of State to enroll in such a course (NRS 240.018[3]).
Provider: The Nevada Secretary of State’s office is the official provider of Notary courses.
Fee: There is a $45 fee for the course. Registration instructions are on the Secretary’s website. Individual Notary applicants must take the online course; the in-person class is available only to organizational groups (website, “Training & Class Information”).
Proof of Completion: “An applicant for appointment as a notary public who is required pursuant to NRS 240.018 to enroll in and successfully complete a course of study for the mandatory training of notaries public must include with his or her application a certificate of successful completion of such a course, which must contain a validation stamp from the Secretary of State” (NAC 240.270.2).
Validity: “A certificate of successful completion of a course of study for the mandatory training of notaries public is valid for 90 days after the date of its issuance” (NAC 240.270.2).
Exam: Required. Effective July 1, 2015, the course of study required for a Notary appointment must include at least three hours of instruction and an examination (NRS 240.018.1[a][1]). The fee for the training is $45 and is paid at the time of creating an application for appointment as a Notary (see below). At the conclusion of the training and successful passing of the exam, the applicant will receive a certificate of course completion to upload when creating an application for appointment. Certificates of completion are valid for 90 days after their date of issuance.
Application
Bond and Oath of Office Filing: All applicants must obtain a $10,000 surety bond and take and sign the required oath office, both of which must be filed with the county clerk in the applicant’s county of residence or employment prior to applying to become a Notary Public. The county clerk will then issue a filing notice to the applicant, as proof that the oath and bond have been filed and recorded.
Online Application Filing: Applicants must create an account and log in to the Secretary of State’s SilverFlume online business registration system to apply for a Notary appointment. An applicant must declare under penalty of perjury that he or she has never had an appointment as a Notary revoked or suspended in Nevada or any other U.S. state or territory (NRS 240.030.1[e]).
Commission Name: “A person applying for appointment as a notary public may use his or her given name, a short or familiar form of his or her given name or the first initial of his or her given name, followed by the person’s surname” (NAC 240.210.1).
“A notary public may use his or her given name, a short or familiar form of his or her given name or the first initial of his or her given name, followed by the notary public’s surname, as his or her official signature which must be consistent with the original signature on the application for appointment as a notary public” (NAC 240.210.3).Print, Sign Application: Upon completing all required fields in the online Notary application, the applicant must print out the application, sign it, and upload the signed application, county clerk filing notice and certificate of course completion (if on hand). “During the notary application submission process, the system allows one upload attempt of the required documentation” (website, “Step-By-Step Guide To Become A Notary”). The Secretary of State recommends uploading the Certificate of Course Completion at this time since it will shorten the commission approval process.
Fee: At the time of uploading the signed printed application, county clerk filing, and certificate of course completion, the applicant will pay the $35 application and $45 training fee ($80 combined).
Background Screening: Nevada statute requires a background screening only if required by the Secretary of State (NRS 240.030(1)(f)). The Nevada Administrative rules adopted by the Nevada Secretary of State itself, state a background screening is required (NAC 240.215). Despite the legal requirement in the NAC, the Nevada Secretary of State has chosen not to implement the background screening requirement.
Nonresidents
Bordering States: Residents of bordering states (i.e., Arizona, California, Idaho, Oregon, Utah) may become Nevada Notaries if they maintain or are employed at a licensed place of business in Nevada (NRS 240.015[3]). Such nonresident applicants must include with their applications a notarized “Nonresident Notary Public Affidavit of Applicant.”
Affidavit, Business License of Employer: Nonresident applicants who are employed by a licensed employer must also submit a notarized “Affidavit of Employer of Applicant” and a copy of the employer’s business license(s); applicants who are self-employed must also submit a notarized “Affidavit of Self-Employed Applicant” and a copy of the applicant’s business license(s) in the Secretary of State’s SilverFlume system (NAC 240.262; 240.264; and 240.266).
Bond and Oath of Office: The applicant’s bond and oath must be filed in his or her county of employment (NRS 240.030[1][d], [2] and [4]).
Annual Filing of Business License: “A notary public who is a resident of an adjoining state shall submit to the Secretary of State annually, within 30 days before the anniversary date of his or her appointment as a notary public, a copy of the state business license of the place of employment of the notary public in the State of Nevada …, a copy of any license required by the local government where the business is located and the information required pursuant to subsection 2 of NRS 240.030” (NRS 240.031).
Reappointment: Notaries seeking to be reappointed to a new term must follow the same steps as with the initial appointment.
Registration to Perform In-Person and Remote Notarial Acts
In-Person Electronic Notarial Acts
Qualifications: “Except as otherwise provided in subsection 5, each person registering as an electronic notary public must:
“(a) At the time of registration, be a notarial officer in this State who has complied with the requirements pertaining to taking an oath and filing a bond set forth in NRS 240.030 and 240.033 and have complied with all applicable notarial requirements set forth in this chapter;
“(b) Register with the Secretary of State by submitting an electronic registration pursuant to subsection 2;
“(c) Pay to the Secretary of State a registration fee of $50, which is in addition to the application fee required pursuant to NRS 240.030 to be a notarial officer in this State; and
“(d) Submit to the Secretary of State with the registration proof satisfactory to the Secretary of State that the registrant has:
“(1) Successfully completed any required course of study on electronic notarization provided pursuant to NRS 240.195; and
“(2) Complied with the requirements pertaining to taking an oath and filing a bond set forth in NRS 240.030 and 240.033” (NRS 240.192.1).Application: “Unless the Secretary of State establishes a different process for submitting a registration as an electronic notary public, the registration as an electronic notary public must be submitted as an electronic document by electronic email to nvnotary@sos.nv.gov or, if another electronic mail address is designated by the Secretary of State, to such other designated electronic mail address, and must contain, without limitation, the following information:
“(a) All information required to be included in an application for appointment as a notary public pursuant to NRS 240.030.
“(b) A description of the technology or device that the registrant intends to use to create his or her electronic signature in performing electronic notarial acts.
“(c) The electronic signature of the registrant.
“(d) Any other information required pursuant to any rules or regulations adopted by the Secretary of State” (NRS 240.192.2).Application Inclusions: “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;
“4. A certificate or other proof of successful completion of the course of study on electronic notarization provided pursuant to NRS 240.195, which indicates successful completion of the course not earlier than 90 days before submission of the registration; and
“5. A statement certifying that the person will comply with the applicable provisions of this chapter and chapter 240 of NRS” (NAC 240.648).Payment of Fee: “Unless the Secretary of State establishes a different process for the payment of the registration fee required pursuant to paragraph (c) of subsection 1, the registration fee must be paid by check or draft, made payable to the Secretary of State and transmitted to the Office of the Secretary of State” (NRS 240.192.3).
Effective Date: “Except as otherwise provided in subsection 5, registration as an electronic notary public shall be deemed effective upon the payment of the registration fee required pursuant to paragraph (c) of subsection 1 if the registrant has satisfied all other applicable requirements” (NRS 240.192.4).
Commission Number: “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” (NAC 240.660).
Course and Exam
Requirement: “Except as otherwise provided in subsection 3, a registrant for appointment as an electronic notary public must successfully:
“(a) Complete any course of study on electronic notarization that is required pursuant to subsection 1 in accordance with the requirements of subsection 6; and
“(b) Pass an examination at the completion of the course” (NRS 240.195.2).Persons Required to Take Course: “The following persons are required to enroll in and successfully complete any course of study on electronic notarization that is required pursuant to subsection 1:
“(a) A person registering for the first time as an electronic notary public;
“(b) A person renewing his or her registration as an electronic notary public; and
“(c) A person who has committed a violation of this chapter or whose registration or an electronic notary public has been suspended, and who has been required by the Secretary of State to enroll in a course of study provided pursuant to this section” (NRS 240.195.3).Approved Online Course: “A course of study required to be completed pursuant to subsection 1 must:
“(a) Be taken online and be of a duration of not more than 3 hours, including instruction and completion of an examination of the course content;
“(b) Provide instruction in electronic notarization, including, without limitation, notarial law and ethics, technology and procedures;
“(c) Comply with any regulations adopted pursuant to NRS 240.206 relating to course of study on electronic notarization; and
“(d) Be approved by the Secretary of State” (NRS 240.195.4).Course Fee: “The Secretary of State may, with respect to a course of study required to be completed pursuant to subsection 1, charge a reasonable fee to each person who enrolls in such a course of study” (NRS 240.195.5).
Term
Coterminous with Notary Appointment: “The period of registration as an Electronic Notary is coterminous with his or her term of appointment as a notary public pursuant to NRS 240.010” (NRS 240.194.1).
Suspension of Registration: “The registration of an electronic notary public is suspended by operation of law when the electronic notary public is no longer appointed as a notary public in this State. If the registration of an electronic notary public has expired or been revoked or suspended, the Secretary of State shall immediately notify the electronic notary public in writing that his or her registration as an electronic notary public will be suspended by operation of law until he or she is appointed as a notary public in this State” (NRS 240.194.2).
Renewal: “Registration as an electronic notary public must be renewed at the same time a person renews his or her appointment as a notary public” (NRS 240.194.1).
Remote Notarial Acts: “Before an electronic notary public performs electronic notarial acts using audio-video communication, he or she must register with the Secretary of State pursuant to NRS 240.192 and identify the technology that the electronic notary public intends to use, which must conform to any rules or regulations adopted by the Secretary of State” (NRS 240.1991.2).
Online Search
Not available.
Jurisdiction
“A person appointed as a notary public pursuant to this chapter may perform notarial acts in any part of this state.…” (NRS 240.020).
Term Length
“A person appointed as a notary public pursuant to this chapter may perform notarial acts … for a term of 4 years, unless sooner removed” (NRS 240.020).
Bond
Requirement: “Each person applying for appointment as a notary public must … [e]nter into a bond to the State of Nevada in the sum of $10,000, to be filed with the clerk of the county in which the applicant resides or, if the applicant is a resident of an adjoining state, with the clerk of the county in this State in which the applicant maintains a place of business or is employed. The applicant must submit to the Secretary of State a certificate issued by the appropriate county clerk which indicates that the applicant filed the bond required pursuant to this paragraph” (NRS 240.020.1[d]).
Bond Filing: “The bond required to be filed pursuant to NRS 240.030 must be executed by the person applying to become a notary public as principal and by a surety company qualified and authorized to do business in this State. The bond must be made payable to the State of Nevada and be conditioned to provide indemnification to a person determined to have suffered damage as a result of an act by the notary public which violates a provision of NRS 240.001 to 240.169, inclusive or, if applicable, an act by the electronic notary public which violates a provision of NRS 240.001 to 240.206, inclusive” (NRS 240.033.1).
“The bond that a person applying for appointment as a notary public must enter into pursuant to the provisions of paragraph (d) of subsection 1 of NRS 240.030 must be entered under the same form of the person’s name that appears on the application for appointment” (NAC 240.210.2).Exhaustion of Bond: “If the penal sum of the bond is exhausted, the surety company shall notify the Secretary of State in writing within 30 days after its exhaustion” (NRS 240.033.2).
Suspension Without Bond: “The appointment of a notary public is suspended by operation of law when the notary public is no longer covered by a surety bond as required by this section and NRS 240.030 or the penal sum of the bond is exhausted” (NRS 240.033.5).
A Notary whose commission has been suspended due to exhaustion or cancellation of a bond may apply to the Secretary of State for reinstatement by submitting an application for an amended certificate of appointment, a certificate from the county clerk stating the suspended Notary filed a new bond, and a $10 application fee (NRS 240.033.6).Release of Surety: “A surety on a bond filed pursuant to NRS 240.030 may be released after the surety gives 30 days’ written notice to the Secretary of State and notary public, but the release does not discharge or otherwise affect a claim filed by a person for damage resulting from an act of the notary public which is alleged to have occurred while the bond was in effect” (NRS 240.033.4).
Changes of Status
Address and Employment Change: “If, at any time during his or her appointment, a notary public changes his or her mailing address, county of residence or signature or, if the notary public is a resident of an adjoining state, changes his or her place of business or employment, the notary public shall submit to the Secretary of State a request for an amended certificate of appointment on a form provided by the Secretary of State” (NRS 240.036.1). The cost is $10.
“If I leave my current job and that employer paid for my becoming a notary, am I no longer a notary? — No, you are still a notary. However, be aware that the employer may cancel your bond, and you would be required to get a new one. If you are not allowed to take your stamp with you, it must be destroyed and you can purchase a new one. The stamp, journal, and Certificate of Appointment are the property of the notary (see NRS 240.143)” (website, “FAQs”).Name or Signature Change: Within 30 days after changing a signature or a name with the intention to use the new signature or name in performing notarial duties, the Notary must apply for an amended certificate of appointment with the Secretary of State. The cost is $10 (NRS 240.036.1 and 3).
Electronic Notaries
Change of Name, Address or Technology: “If, at any time during his or her appointment, an, a registered electronic notary public changes his or her electronic mail address, county of residence, name, electronic signature or the technology or device used to create his or her electronic signature, the electronic notary public shall, within 10 days after making the change, submit to the Secretary of State:
“(a) An electronic document, signed with the electronic signature submitted by the electronic notary public pursuant to subsection 2 of NRS 240.192, that includes the change of information; and
“(b) A fee of $10” (NRS 240.194.3).Termination of Resignation or Death of Notary
Duties: “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 resignation or death; and
“(b) Erase, delete, destroy or otherwise render ineffective the technology or device used to create his or her electronic signature” (NRS 240.203.1).Date of Cancellation: “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” (NRS 240.203.2).
Destruction of Technology Not Required, When: “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” (NRS 240.203.3).
NOTARIAL ACTS
Authorized Acts
Notarial Acts: Nevada Notaries Public and notarial officers are authorized to perform the following notarial acts (NRS 240.004 unless otherwise noted; see also 240.060):
Take acknowledgments and proofs;
Administer oaths and affirmations;
Execute jurats;
Certify copies;
Make or note protests of negotiable instruments, if employed by a depository institution;
Perform marriage ceremonies after qualifying with a county clerk (NRS Chapter 122);
Perform other duties as prescribed by a specific statute.
In-Person Electronic and Remote Notarial Acts: Nevada Notaries who have registered with the Secretary of State as an Electronic Notary Public may perform the following notarial acts electronically and remotely (NRS 240.185; see also NRS 240.196):
Taking an acknowledgment;
Administering an oath or affirmation;
Executing a jurat;
Certifying a true and correct copy; and
Performing such other duties as may be prescribed by a specific statute.”
Acknowledgments
Definitions
Acknowledgment: “‘Acknowledgment’ means a declaration by a person that he or she has executed an instrument for the purposes stated therein and, if the instrument is executed in a representative capacity, that the person signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein” (NRS 240.002).
In a Representative Capacity: “‘In a representative capacity’ means:
“1. For and on behalf of a corporation, partnership, trust or other entity, as an authorized officer, agent, partner, trustee or other representative;
“2. As a public officer, personal representative, guardian or other representative, in the capacity recited in the instrument;
“3. As an attorney-in-fact for a principal; or
“4. In any other capacity as an authorized representative of another” (NRS 240.003)
Requirements
Identity of Principal: “[A] notarial officer shall … In taking an acknowledgment, determine, from personal knowledge or satisfactory evidence, that the person making the acknowledgment is the person whose signature is on the document” (NRS 240.1655.2[a]).
Presentation of Document: The person who signed the document shall present the document to the notarial officer in person” (NRS 240.1655.2[a]).
Acknowledgment of Principal: The individual making the acknowledgment must verbally “declare” (acknowledge) to the Notary (NRS 240.002):
Signature: The individual must acknowledge that “he or she has executed an instrument for the purposes stated therein….”
Representative Capacity and Authority: If the individual has or is signing the record in a representative capacity, the individual must declare “that the person signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein.”
Proofs
Authority: NRS 111.265 authorizes certain officers, including Notaries, to take proofs of conveyances affecting real property: “The proof or acknowledgment of every conveyance affecting any real property, if acknowledged or proved within this State, must be taken by one of the following persons:
“1. A judge or a clerk of a court having a seal.
“2. A notary public.
“3. A justice of the peace.”Proof by Handwriting: There are provisions for a proof by handwriting in the event that a subscribing witness is dead or cannot be found (NRS 111.135 through 111.150).
Acknowledged Documents Only: “If a document signer cannot personally appear before a notary, a subscribing witness may swear, or affirm, that the signature is that of the document signer. The subscribing witness had to be present when the document was signed by the principle and be Personally Known by the Notarial Officer to have subscribing witness’ signature notarized. Only documents requiring an acknowledgment can be notarized through a subscribing witness” (NPH).
Oaths and Affirmations
Definition: “‘Oath’ includes affirmation or declaration” (NRS 10.035).
Requirements: “[A] notarial officer shall … In administering an oath or affirmation, determine, from personal knowledge or satisfactory evidence, the identity of the person taking the oath or affirmation” (NRS 240.1655.2[b]).
“The individual taking the oath or affirmation raises one’s right hand while you, the notarial officer, state the words of the oath or affirmation. The oath-taker then repeats these words back to you, and the notarial officer completes the document as required” (website, “Duties”).
“To be sensitive to people who wish not to take an oath by swearing, the Notary Public may substitute the word ‘affirm’ for ‘swear’ and exclude the phrase ‘so help you God.’ The person must still answer ‘Yes’ and sign the document in the presence of the Notary Public” (NPH).
Jurats
Definition: “‘Jurat’ means a declaration by a notarial officer that the signer of a document signed the document in the presence of the notarial officer and swore … or affirmed that the statements in the document are true” (NRS 240.0035).
Requirements
Identity of Principal: “A notarial officer shall … In executing a jurat, administer an oath or affirmation to the affiant and determine, from personal knowledge or satisfactory evidence, that the affiant is the person named in the document” (NRS 240.1655.2[e]).
Witness Signature: “The affiant shall sign the document in the presence of the notarial officer” (NRS 240.1655.2[e]).
Oath Form: “The notarial officer shall administer the oath or affirmation required pursuant to this paragraph in substantially the following form: Do you (solemnly swear, or affirm) that the statements in this document are true, (so help you God)?” (NRS 240.1655.2[e]).
Copy Certifications
Requirements
Make Photocopy: “A notarial officer shall … In certifying a copy of a document, photocopy the entire document and certify that the photocopy is a true and correct copy of the document that was presented to the notarial officer” (NRS 240.1655.2[c]).
“In certifying a copy of a document, the Notarial Officer must photocopy the entire document and certify that the photocopy is a true and correct copy of the document that was presented to the notarial officer. The Notary Public must create the copy and is prohibited from completing a certificate on copy produced by another person” (NPH).Public Records: Notaries may not certify photocopies of a certificate of birth, death or marriage or of a divorce or annulment decree (NRS 240.075.5 and 440.175.2).
Not Evidence of Document Contents: “When a notary public certifies that a document is a certified or true copy of an original document, the certification shall not be deemed to be evidence that the notary public knows the contents of the document” (NRS 240.063.2).
Original Document Not Required: “Must I see the original document when notarizing a certified copy? — No, the law allows you to certify to a document presented to you. The notarial wording used to certify a copy does not indicate that you are certifying to an original document” (website, “FAQs”).
Foreign Language Copies: Regarding the Notary certifying a copy of a document written in a foreign language, “[i]f you are asked to certify a copy [of a document written in a foreign language], you should make the photocopy yourself rather than try to compare two copies” (website, “FAQs”).
Paper Printout of Electronic Record: Effective July 1, 2021, Chapter 243 of 2021 (Assembly Bill 325) authorized Electronic Notaries to certify that a tangible copy of an electronic record is a true and correct copy. See “Certificate of Notarial Act,” below for the notarial certificate for this new type of copy certification.
“In certifying a copy of an electronic document, the Notarial Officer is certifying that a paper document is a true and correct copy of an electronic document and was printed by the Notarial Officer or under their supervision. The Notarial Officer must print the entire document and complete the certificate on the printed paper document” (NPH).
Protests
Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notarial officer or other person authorized to administer oaths by the law of the place where dishonor occurs” (NRS 104.3505.2).
Requirements: “A notarial officer shall … in making or noting a protest of a negotiable instrument, verify compliance with the provisions of subsection 2 of NRS 104.3505” (NRS 240.1655.2[d]).
“[A protest] may be made upon information satisfactory to him or her. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (NRS 104.3505.2).
“A notary public shall not … Make or note a protest of a negotiable instrument unless the notary public is employed by a depository institution and the protest is made or noted within the scope of that employment. As used in this subsection, ‘depository institution’ has the meaning ascribed to it in NRS 657.037” (NRS 240.075.10).
Marriages
Authority: A law taking effect on October 1, 2013, as Chapter 264 of the Acts of 2013 (Senate Bill 419) amends NRS Chapter 122 to authorize Notaries in good standing to qualify with the county clerk of their county of residence to solemnize marriages.
Application, Fee: The application fee for such qualification is $25. Alternatively, any Notary in good standing may apply to the local county clerk, up to five times a year, to perform a specific marriage. The application fee for each such marriage is $25. In either case, the county clerk may require the applying Notary to pay for a background screening. The Notary must take a course offered by the county clerk, if the county clerk has a course.
Marriage License, Ceremony: Upon being granted county certification of permission to perform marriages, the Notary may officiate at the marital rite of any couple who presents the Notary with a valid marriage license issued by a clerk of a Nevada county. In officiating at nuptial ceremonies, Notaries must comply with all laws of Nevada relating to solemnization of marriages. A Notary who performs a marriage without the couple presenting a valid license is guilty of a misdemeanor. After a marriage is solemnized, the Notary gives each couple a marriage certificate.
Coterminous with Notary Appointment: A certificate of permission to perform marriages is valid as long as the Notary’s appointment is in effect. Upon appointment expiration and renewal, the Notary may renew the certificate of permission without a fee if the application is made within three months of appointment expiration. If the Notary moves from the county, the certificate of permission to perform marriages expires.
Marriage Fee: A Notary may charge $75 to perform a marriage (NRS 240.100.1). “A notary public may only charge the fee … for performing a marriage ceremony if the notary public possesses a valid certificate to perform marriages that has been issued to the notary public pursuant to NRS 122.064” (NAC 240.320.1). Violations may result in revocation or suspension of the Notary’s appointment (NAC 240.310.2).
In-Person Electronic Notarial Acts
Definition: “‘Electronic notarial act’ means an act that an electronic notary public of this State is authorized to perform. The term includes:
“1. Taking an acknowledgment;
“2. Administering an oath or affirmation;
“3. Executing a jurat;
“4. Certifying a true and correct copy; and
“5. Performing such other duties as may be prescribed by a specific statute” (NRS 240.185).
STANDARDS OF PRACTICE
Personal Appearance
Definition: “'In the presence of' or ‘appear before’ means being:
“1. In the same physical location as another person and close enough to see, hear, communicate with and exchange credentials with that person; or
“2. In a different physical location from another person but able to see, hear and communicate with the person by means of audio-video communication that meets any rules or regulations adopted by the Secretary of State” (NRS 240.1882)Notarial Acts: “A notary public who is appointed pursuant to [Chapter 240] shall not willfully notarize the signature of a person unless the person is in the presence of the notary public….” (NRS 240.155.1).
Remote Notarial Acts: “An electronic notary public shall not willfully electronically notarize the signature or electronic signature of a person unless the person is in the presence of the electronic notary public at the time of notarization….” (NRS 240.198.1). Note: In Nevada, an Electronic Notary may perform in-person electronic and remote notarial acts.
Identification
Notarial Acts
Definitions
Personal Knowledge: “A notarial officer has personal knowledge of the identity of a person appearing before the officer if the person is personally known to the officer through dealings sufficient to provide reasonable certainty that the person has the identity claimed” (NRS 240.062).
Credible Witness: “‘Credible witness’ means a person who:
“1. Swears or affirms that the signer of a document is the person whom he or she claims to be; and
“2. Is known personally to the signer of the document and the notarial officer” ” (NRS 240.0025).
Requirement
Acknowledgments, Jurats, Oaths/Affirmations: In taking an acknowledgment, executing a jurat, or administering an oath or affirmation, a Notary must identify the principal “from personal knowledge or satisfactory evidence” (NRS 240.1655.2).
Proofs: “No proof by a subscribing witness shall be taken unless the witness shall be personally known to the person taking the proof to be the person whose name is subscribed to the conveyance as witness thereto, or shall be proved to be such by the oath or affirmation of a credible witness” (NRS 111.120).
Satisfactory Evidence
Personal Knowledge: “[A] notarial officer has satisfactory evidence that a person is the person whose signature is on a document if the person … Is personally known to the notarial officer” (NRS 240.1655.4[a]).
Identification Documents: A notarial officer has satisfactory evidence that a person is the person whose signature is on a document if the person presents (NRS 240.1655.4[c], [d], [f], [g]):
An identifying document which contains a signature and a photograph,
A consular identification card,
In the case of a person who is 65 years of age or older and cannot satisfy the identification requirements requirements of NRS 240.1655(a) to (e), an identification card issued by a governmental agency or a senior citizen center,
In the case of a person incarcerated in a state prison who is unable to satisfy the requirements for identifying oneself to a Notary in NRS 240.1655.4(a) through (e), an inmate identification card issued by the Nevada Department of Corrections in accordance with regulations adopted by the Department that includes the person’s name and signature.
Number of IDs: “How many pieces of ID should I require? — As many as necessary to give you satisfactory evidence that the person whose signature is on the document is that person. One may be sufficient. If you rely on an identifying document, that document must contain a signature and a photograph of the document signer” (website, “FAQs”).
Expired IDs: “Can I use an expired photo ID if the signature and photo match the person before me? — The statute doesn’t address expired IDs. You, the notary, have to make the determination of whether the ID presented is satisfactory or not” (website, “FAQs”).
Seniors Over Age 65: In regard to the documentary identification standards allowed by statute for signers 65 years of age or older (i.e., any card issued by a governmental agency or senior citizen center), the Notary is cautioned to “[u]se this method of identification only if there is absolutely no other way to identify the document signer” (website, “FAQs”).
Credible Witness: “[A] notarial officer has satisfactory evidence that a person is the person whose signature is on a document if the person … Is identified upon the oath or affirmation of a credible witness who personally appears before the notarial officer” (NRS 240.1655.4[b]).
The credible witness must be present at the time of notarization (NRS 240.1655.4).
An oath or affirmation administered by a Notary to a credible witness must be in substantially the following form: “Do you (solemnly swear, or affirm) that you personally know ___________ (name of person who signed the document) (so help you God)?” (NRS 240.1655.5).
“If a credible witness is used, that person must also sign your journal…. The credible witness needs to be present” (website, “FAQs”).Subscribing Witness: “[A] notarial officer has satisfactory evidence that a person is the person whose signature is on a document if the person … Is identified upon an oath or affirmation of a subscribing witness who is personally known to the notarial officer” (NRS 240.1655.4[e]).
Declaration of Identity: If an inmate in a state prison cannot meet the requirements of the statute for identifying themselves to a notarial officer, including presenting an inmate ID issued by the Department of Corrections (NRS 240.1655.4[a] - [g][1]), the inmate may make a declaration under penalty of perjury in accordance with NRS 208.165 attesting to their identity (NRS 240.1655.4[g][2]).
“A prisoner may execute any instrument by signing his or her name immediately following a declaration “under penalty of perjury” with the same legal effect as if he or she had acknowledged it or sworn to its truth before a person authorized to administer oaths. As used in this section, “prisoner” means a person confined in any jail or prison, or any facility for the detention of juvenile offenders, in this state” (NRS 208.165).
Remote Notarial Acts
Definitions
Certificate: “Certificate” has the meaning ascribed to it in NRS 720.030” (NRS 240.1997.2[a]).
Credential: “‘Credential’ means a tangible record evidencing the identity of a person” (NRS 240.1823).
“‘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” (NAC 240.610).Credential Analysis: “Credential analysis” means a process or service that complies with any rules or regulations adopted by the Secretary of State through which a third party affirms the validity of a government-issued identification credential or any data thereon through the review of data sources” (NRS 240.1997.2[b]).
Remote Presentation: “Remote presentation” means the transmission of a quality image of a government-issued identification credential to an electronic notary public through communication technology for the purpose of enabling the electronic notary public to identify the person appearing before the electronic notary public and to perform a credential analysis” (NRS 240.1997.2[c]; see also NAC 240.670[c][1]).
Dynamic Knowledge-Based Authentication Assessment: “‘Dynamic knowledge-based authentication assessment’ means an identity assessment that is based on a set of questions formulated from public or private data sources for which the person taking the assessment has not previously provided an answer and that meets any rules or regulations adopted by the Secretary of State” (NRS 240.1825).
Requirement: “1. For the purposes of performing an electronic notarial act for a person using audio-video communication, an electronic notary public has satisfactory or documentary evidence of the identity of the person if the electronic notary public confirms the identity of the person by:
“(a) Personal knowledge;
“(b) 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; and
“(3) A dynamic knowledge-based authentication assessment;
“(c) Any other method that complies with any rules or regulations adopted by the Secretary of State; or
“(d) A valid certificate that complies with any rules or regulations adopted by the Secretary of State” (NRS 240.1997).Credential Analysis Standards: “1. To conduct a credential analysis for the purpose of identifying the principal pursuant to NRS 240.1997 and NAC 240.670 and 240.678, 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” (NAC 240.695.1).
“If an electronic notary public is unable to validate a credential presented by a principal or determines that the information and photograph on the credential are not consistent with the principal as viewed by the electronic notary public, the electronic notary public must not:
“(a) Complete the electronic notarial act; or
“(b) Make any further attempt to complete an electronic notarial act for the principal by using the credential to confirm the identity of the principal” (NAC 240.695.2).Dynamic Knowledge-Based Authentication Standards: “To conduct a dynamic knowledge-based authentication assessment for the purpose of identifying the principal pursuant to NRS 240.1997 and NAC 240.670 and 240.678, 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;
“2. If the principal does not obtain a passing score as required by paragraph (b) of subsection 1, authorizes the principal to make two additional attempts to obtain that passing score with the same electronic notary public within a 48-hour period but at least two of the questions previously answered by the principal must be replaced with different questions each time that the principal makes an additional attempt to obtain the passing score;
“3. Confirms affirmatively whether the principal has correctly answered the questions; and
“4. Keeps confidential the questions asked to the principal and the answers provided by the principal to the questions” (NAC 240.697).Approved System Provider: “An electronic notary public may use a solution provider who is registered with the Secretary of State pursuant to NAC 240.720 and 240.722 to confirm the identity of a principal as required by NRS 240.1997 and NAC 240.670 if the solution provider is approved by the Secretary of State to conduct identity proofing” (NAC 240.700.1).
Incomplete Documents
Prohibition: “A notary public shall not … perform a notarial act on a document, including a form that requires the signer to provide information within blank spaces, unless the document has been filled out completely and has been signed” (NRS 240.075.9).
“Filled Out Completely” Defined: “For the purposes of subsection 9 of NRS 240.075, the Secretary of State will deem a document that requires the signer to provide information within blank spaces to be filled out completely if the signer:
“(a) Provides information in each blank space; or
“(b) Designates any blank space in which information is not provided as not applicable or draws a line through the blank space” (NAC 240.310.1).Blank Signature Line: “If a document contains any blank signature line that is designated for an additional signer but the remainder of the document, exclusive of any such blank signature line, satisfies the requirements of subsection 1, the Secretary of State will deem the document to be filled out completely if it is clear that the notarization does not apply to any such blank signature line” (NAC 240.310.2).
Blank Document: “A notary public shall not … [p]erform a notarial act on a document that contains only a signature” (NRS 240.075.8).
“What if I am asked to notarize a signature that is on a blank piece of paper (no text)? — You must ask your customer to write an explanation as to why they want their signature notarized…. This statement may be as simple as: ‘I have been asked to have my signature notarized for verification’” (website, “FAQs”).
Awareness or Competence
“Must I determine if the person signing before me understands what he or she is signing? — You are not obligated to make this determination. If you are not comfortable performing a notarial service, you may refuse …” (website, “FAQs”).
Signature by Mark
Validity: “The signature of a party, when required to a written instrument, is equally valid if the party cannot write, if:
“(a) The person makes his or her mark;
“(b) The name of the person making the mark is written near it; and
“(c) The mark is witnessed by a person who writes his or her own name as a witness” (NRS 52.305.1).Two Witnesses Required: “In order that a signature by mark may be acknowledged or may serve as the signature to any sworn statement, it must be witnessed by two persons who must subscribe their own names as witnesses thereto” (NRS 52.305.2).
Signature by Proxy
Authorization: “If a person is physically unable to sign a document that is presented to a notarial officer pursuant to this section, the person may direct a person other than the notarial officer to sign the person’s name on the document. The notarial officer shall insert ‘Signature affixed by (insert name of other person) at the direction of (insert name of person)’ or words of similar import” (NRS 240.1655.8).
Signer and Witness Must Appear: “[B]oth 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” (NAC 240.340.1).
Signature Stamp
When Authorized: Under NRS Chapter 427A, a person who is unable to write a signature due to a physical disability may use a signature stamp to affix a signature “any time that a signature is required by law” (NRS 427A.755[1][a]).
Validity: “A person, government, governmental agency and political subdivision of a government must treat each signature affixed by [such a person] through the use of a signature stamp in the same manner as it treats a signature made in writing” (NRS 427A.755[1][b]).
Disqualifying Interest
Personal: “A notary public may not perform a notarial act if:
“(a) The notary public executed or is named in the instrument acknowledged, sworn to or witnessed or attested;
“(b) Except as otherwise provided in [NRS 240.065] subsection 2, the notary public has or will receive directly from a transaction relating to the instrument or pleading a commission, fee, advantage, right, title, interest, property or other consideration in excess of the fee authorized pursuant to NRS 240.100 for the notarial act….” (NRS 240.065.1).Relatives
Definition: “As used in this section, ‘relative’ includes, without limitation:
“(a) A spouse or domestic partner, parent, grandparent or stepparent;
“(b) A natural born child, stepchild or adopted child;
“(c) A grandchild, brother, sister, half brother, half sister, stepbrother or stepsister;
“(d) A grandparent, parent, brother, sister, half brother, half sister, stepbrother or stepsister of the spouse or domestic partner of the notary public; and
“(e) A natural born child, stepchild or adopted child of a sibling or half sibling of the notary public or of a sibling or half sibling of the spouse or domestic partner of the notary public” (NRS 240.065.4).Prohibition: “A notary public may not perform a notarial act if: …
“(c) The notary public and the person whose signature is to be acknowledged, sworn to or witnessed or attested are domestic partners; or
“(d) The person whose signature is to be acknowledged, sworn to or witnessed or attested is a relative of the domestic partner of the notary public or a relative of the notary public by marriage or consanguinity” (NRS 240.065.1[c] and [d]).
Attorneys: “A notary public who is an attorney licensed to practice law in this State may perform a notarial act on an instrument or pleading if the notary public has or will receive directly from a transaction relating to the instrument or pleading a fee for providing legal services in excess of the fee authorized pursuant to NRS 240.100 for the notarial act” (NRS 240.065.2).
Other Notarial Officers: “A notarial officer other than a notary public may not perform a notarial act with respect to a document to which the officer or the officer’s spouse or domestic partner is a party, or in which either of them has a direct beneficial interest…. A notarial act performed in violation of this subsection is voidable” (NRS 240.061.2).
Foreign-Language Document
“Can I notarize a document that is written in a foreign language? — In most instances, yes. All you need is a title to put in your journal, and you can use the title the person gives you. However, you may not be able to witness a signature because you must be able to tell if that person is named in the document. If you are asked to certify a copy, you should make the photocopy yourself rather than try to compare two copies. You may need to check with an interpreter as to the type, or title, of the document. If this document is false or endorses or promotes a product, you will not know that. Finally, if the document is written in a language you cannot read, you must add the notarial wording in English” (website, “FAQs”).
“Can I notarize a document written in a foreign language? – Yes. But, like all notarial acts you complete, this depends on if the Notary Public can obtain the information required to perform the Notarial Act.
”● Can the notary obtain the title of document needed for the journal?
”● When executing a Jurat, can the Notary Public determine the individual is named within the instrument?
”● Is the Notary Public able to verify that the document does not use the Notary’s signature to endorse or promote a product?” (NPH)
“If I am asked to certify a copy of a document that is in a language I do not understand, may I refuse to complete the Notarial Act because I am worried, I may be photocopying a document which I am prohibited for copying? – Yes. Again, you should not feel forced to complete a notarization” (NPH).
Steps to Proper Notarization
“Print and use the following Quick Reference Procedure to prevent errors in notarizing” (website, “Notarial Wording”). The steps listed are as follows:
Read notarial wording.
Examine signer’s ID, compare picture and description.
Require signer to sign journal.
Complete journal entry.
Have document signer sign document, if unsigned.
Complete notarial wording.
Sign and stamp document.
Notarizing After Hours
“Can my employer deny me the right to notarize after hours? — No, your appointment belongs to you, the notary, not your employer (see NRS 240.101, 240.100.4, and 240.143)” (website, “FAQs”).
Serving the Public
“May I set aside certain hours to notarize documents for the general public and limit notarization to those hours (example: 1 p.m. to 2 p.m. only)? — This is a business decision to be made by each notary. The law does not prohibit such a practice” (website, “FAQs”).
“Do I have to declare that I am a notary if a person off the street asks, ‘Where can I find a notary?’ — No. The notary law simply states that ‘a notary public may, during normal business hours, perform notarial acts in lawful transactions for a person who requests the act and tenders the appropriate fee’ (see NRS 240.060)” (website, “FAQs”).