2005 Nevada Revised Statutes - Chapter 240 — Notaries Public and Commissioned Abstracters

CHAPTER 240 - NOTARIES PUBLIC ANDCOMMISSIONED ABSTRACTERS

NOTARIES PUBLIC

General Provisions

NRS 240.001 Definitions.

NRS 240.002 Acknowledgmentdefined.

NRS 240.0025 Crediblewitness defined.

NRS 240.003 Ina representative capacity defined.

NRS 240.0035 Juratdefined.

NRS 240.004 Notarialact defined.

NRS 240.005 Notarialofficer defined.

NRS 240.007 Informationand documents filed with or obtained by Secretary of State: Public examination;confidentiality and disclosure of information, documents or evidence connectedwith investigations.

 

Appointment and Practice

NRS 240.010 Appointmentby Secretary of State; cancellation of appointment; unlawful acts; injunctiverelief.

NRS 240.015 Generalqualifications; expiration of appointment after termination of lawful admissionfor permanent residency in United States; conditions for appointment of residentof adjoining state.

NRS 240.017 Regulationsof Secretary of State.

NRS 240.018 Coursesof study for voluntary training of notaries public; fees; Notary PublicTraining Fund.

NRS 240.020 Powerslimited to areas within this State; term of office.

NRS 240.030 Applicationfor appointment; oath and bond; additional requirements for resident ofadjoining state; term; fee for original, duplicate or amended certificate ofappointment.

NRS 240.031 Annualsubmission of affidavit by resident of adjoining state.

NRS 240.033 Requirementsfor bond; notification of exhaustion of penal sum; release of surety;suspension of appointment; reinstatement of appointment.

NRS 240.036 Amendedcertificate of appointment: Required for certain changes in information;suspension for failure to obtain; fee; issuance.

NRS 240.040 Useof stamp; embossed notarial seal not required; requirements of stamp.

NRS 240.045 Replacementof lost or inoperable stamp; prerequisite to production of stamp.

NRS 240.051 Actionsrequired upon resignation or death of notary public.

NRS 240.060 Powersof notary public.

NRS 240.063 Evidentiaryeffect of signature; limitations on evidentiary effect of certification ofdocuments.

NRS 240.065 Restrictionson powers of notary public; exception.

NRS 240.069 Powersand duties of certified court reporter appointed as notary public with limitedpowers.

NRS 240.075 Prohibitedacts.

NRS 240.085 Advertisementsin language other than English to contain notice if notary public is not an attorney;penalties.

NRS 240.100 Feesfor services; additional fees for travel expenses; notarial acts performedwithin and outside scope of employment.

NRS 240.110 Postingof table of fees.

NRS 240.120 Journalof notarial acts: Duty to maintain; contents; verification based upon crediblewitness; copy of entry; period of retention; report of loss or theft;exceptions.

NRS 240.130 Onlyauthorized fees to be charged.

NRS 240.143 Unlawfulpossession of certain personal property of notary public.

NRS 240.145 Unlawfulreproduction or use of completed notarial certificate; penalty.

NRS 240.147 Unlawfuldestruction, defacement or concealment of notarial record.

NRS 240.150 Liabilityfor misconduct or neglect; liability of employer; penalties for willfulviolation or neglect of duty; procedure upon revocation or suspension.

NRS 240.155 Notarizationof signature of person not in presence of notary public unlawful; penalty.

 

Uniform Law on Notarial Acts

NRS 240.161 Shorttitle; uniformity of application and construction.

NRS 240.1635 Notarialacts in this State.

NRS 240.164 Notarialacts in other jurisdictions of United States.

NRS 240.1645 Notarialacts under federal authority.

NRS 240.165 Foreignnotarial acts.

NRS 240.1655 Notarialacts.

NRS 240.1657 Authenticationof signature of notarial officer by Secretary of State.

NRS 240.166 Shortform for acknowledgment in individual capacity.

NRS 240.1663 Shortform for administering oath or affirmation of office.

NRS 240.1665 Shortform for acknowledgment in representative capacity.

NRS 240.1667 Shortform for acknowledgment containing power of attorney.

NRS 240.167 Shortform for execution of jurat.

NRS 240.168 Shortform for certifying copy of document.

NRS 240.1685 Shortform for jurat of subscribing witness.

NRS 240.169 Shortform for acknowledgment of credible witness.

COMMISSIONED ABSTRACTERS

NRS 240.240 Creationof office.

NRS 240.250 Appointmentand commission.

NRS 240.260 Termof office.

NRS 240.270 Feefor commission; oath and bond.

NRS 240.280 Seal.

NRS 240.290 Actsmay be performed anywhere in State.

NRS 240.300 Powers.

NRS 240.310 Fees.

NRS 240.320 Revocationof commission.

NRS 240.330 Penalties.

_________

NOTARIES PUBLIC

General Provisions

NRS 240.001 Definitions. As used in NRS 240.001to 240.169, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 240.002 to 240.005, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1995, 187; A 1997, 930; 1999, 74; 2001, 652; 2003, 606; 2005, 2274)

NRS 240.002 Acknowledgmentdefined. Acknowledgment means a declarationby a person that he has executed an instrument for the purposes stated thereinand, if the instrument is executed in a representative capacity, that he signedthe instrument with proper authority and executed it as the act of the personor entity represented and identified therein.

(Added to NRS by 1995, 187)

NRS 240.0025 Crediblewitness defined. Credible witness means aperson who:

1. Swears or affirms that the signer of a document isthe person whom he claims to be; and

2. Is known personally to the signer of the documentand the notarial officer.

(Added to NRS by 2003, 606)

NRS 240.003 Ina representative capacity defined. In arepresentative capacity means:

1. For and on behalf of a corporation, partnership,trust or other entity, as an authorized officer, agent, partner, trustee orother 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 authorizedrepresentative of another.

(Added to NRS by 1995, 188)

NRS 240.0035 Juratdefined. Jurat means a declaration by anotarial officer that the signer of a document signed the document in thepresence of the notarial officer and swore to or affirmed that the statementsin the document are true.

(Added to NRS by 2003, 606)

NRS 240.004 Notarialact defined. Notarial act means an act thata notarial officer of this state is authorized to perform. The term includes:

1. Taking an acknowledgment;

2. Administering an oath or affirmation;

3. Certifying a copy;

4. Executing a jurat;

5. Noting a protest of a negotiable instrument; and

6. Performing such other duties as may be prescribedby a specific statute.

(Added to NRS by 1995, 188; A 1995, 1597; 1997, 930; 2003, 606)

NRS 240.005 Notarialofficer defined. Notarial officer means anotary public or an officer authorized to perform notarial acts.

(Added to NRS by 1995, 188)

NRS 240.007 Informationand documents filed with or obtained by Secretary of State: Public examination;confidentiality and disclosure of information, documents or evidence connectedwith investigations.

1. Except as otherwise provided in subsection 2,information and documents filed with or obtained by the Secretary of Statepursuant to NRS 240.001 to 240.169, inclusive, are public informationand are available for public examination.

2. Except as otherwise provided in subsections 3 and4, information and documents obtained by or filed with the Secretary of Statein connection with an investigation concerning a possible violation of theprovisions of NRS 240.001 to 240.169, inclusive, are not publicinformation and are confidential.

3. The Secretary of State may submit any informationor evidence obtained in connection with an investigation concerning a possibleviolation of the provisions of NRS 240.001to 240.169, inclusive, to theappropriate district attorney for the purpose of prosecuting a criminal action.

4. The Secretary of State may disclose any informationor documents obtained in connection with an investigation concerning a possibleviolation of the provisions of NRS 240.001to 240.169, inclusive, to an agency of thisState or a political subdivision of this State.

(Added to NRS by 1999, 74; A 2005, 2274)

Appointment and Practice

NRS 240.010 Appointmentby Secretary of State; cancellation of appointment; unlawful acts; injunctiverelief.

1. The Secretary of State may appoint notaries publicin this State.

2. The Secretary of State shall not appoint as anotary public a person:

(a) Who submits an application containing a substantialand material misstatement or omission of fact.

(b) Whose previous appointment as a notary public inthis State has been revoked.

(c) Who has been convicted of a crime involving moralturpitude, if the Secretary of State is aware of such a conviction before hemakes the appointment.

(d) Against whom a complaint that alleges a violationof a provision of this chapter is pending.

3. A notary public may cancel his appointment bysubmitting a written notice to the Secretary of State.

4. It is unlawful for a person to:

(a) Represent himself as a notary public appointedpursuant to this section if he has not received a certificate of appointmentfrom the Secretary of State pursuant to this chapter.

(b) Submit an application for appointment as a notarypublic that contains a substantial and material misstatement or omission offact.

5. The Secretary of State may request that theAttorney General bring an action to enjoin any violation of paragraph (a) ofsubsection 4.

[1:22:1907; RL 2762; NCL 4732] + [Part1:108:1866; B 2599; BH 1636; C 1782; RL 2765; NCL 4765] + [4:22:1907;added 1913, 31; 1919 RL 2764; NCL 4735](NRS A 1959, 220; 1975, 1519; 1979,24; 1995, 190; 1997, 930; 2005, 2275)

NRS 240.015 Generalqualifications; expiration of appointment after termination of lawful admissionfor permanent residency in United States; conditions for appointment ofresident of adjoining state.

1. Except as otherwise provided in this section, aperson appointed as a notary public must:

(a) During the period of his appointment, be a citizenof the United States or lawfully admitted for permanent residency in the UnitedStates as verified by the United States Citizenship and Immigration Services.

(b) Be a resident of this State.

(c) Be at least 18 years of age.

(d) Possess his civil rights.

2. If a person appointed as a notary public ceases tobe lawfully admitted for permanent residency in the United States during hisappointment, he shall, within 90 days after his lawful admission has expired oris otherwise terminated, submit to the Secretary of State evidence that he islawfully readmitted for permanent residency as verified by the United StatesCitizenship and Immigration Services. If the person fails to submit suchevidence within the prescribed time, his appointment expires by operation oflaw.

3. The Secretary of State may appoint a person whoresides in an adjoining state as a notary public if the person:

(a) Maintains a place of business in the State ofNevada; or

(b) Is regularly employed at an office, business orfacility located within the State of Nevada by an employer licensed to dobusiness in this State.

If such aperson ceases to maintain a place of business in this State or regular employmentat an office, business or facility located within this State, the Secretary ofState may suspend his appointment. The Secretary of State may reinstate an appointmentsuspended pursuant to this subsection if the notary public submits to theSecretary of State, before his term of appointment as a notary public expires,an affidavit which contains the information required pursuant to subsection 2of NRS 240.030.

(Added to NRS by 1985, 1204; A 1993, 261; 1995, 190;1997, 931; 2005, 1581)

NRS 240.017 Regulationsof Secretary of State. The Secretary of State:

1. May adopt regulations:

(a) Prescribing the procedure for the appointment andvoluntary training of a notary public.

(b) Establishing procedures for the notarization ofdigital or electronic signatures.

2. Shall adopt regulations prescribing the form ofeach affidavit required pursuant to subsection 2 of NRS 240.030.

(Added to NRS by 1985, 1204; A 1995, 191; 1997, 931; 2001, 652)

NRS 240.018 Coursesof study for voluntary training of notaries public; fees; Notary PublicTraining Fund.

1. The Secretary of State may:

(a) Provide courses of study for the voluntary trainingof notaries public at such times and for such duration as he determinesappropriate; and

(b) Charge a reasonable fee to each person who enrollsin a course of study for the voluntary training of notaries public.

2. A course of study provided pursuant to this sectionmust comply with the regulations adopted pursuant to subsection 1 of NRS 240.017.

3. The Secretary of State shall deposit the fees collectedpursuant to paragraph (b) of subsection 1 in the Notary Public Training Fundwhich is hereby created as a special revenue fund in the State Treasury. TheFund must be administered by the Secretary of State. Any interest and incomeearned on the money in the Fund, after deducting any applicable charges, mustbe credited to the Fund. Any money remaining in the Fund at the end of a fiscalyear does not revert to the State General Fund and the balance in the Fund mustbe carried forward. All claims against the Fund must be paid as other claimsagainst the State are paid. The money in the Fund may be expended only to payfor expenses related to providing courses of study for the voluntary trainingof notaries public, including, without limitation, the rental of rooms andother facilities, advertising, travel and the printing and preparation ofcourse materials.

(Added to NRS by 2001, 651)

NRS 240.020 Powerslimited to areas within this State; term of office. Aperson appointed as a notary public pursuant to this chapter may performnotarial acts in any part of this state for a term of 4 years, unless soonerremoved. Such an appointment does not authorize the person to perform notarialacts in another state.

[Part 2:22:1907; RL 2763; NCL 4733](NRS A 1975,1519; 1997, 931)

NRS 240.030 Applicationfor appointment; oath and bond; additional requirements for resident ofadjoining state; term; fee for original, duplicate or amended certificate ofappointment.

1. Except as otherwise provided in subsection 4, eachperson applying for appointment as a notary public must:

(a) At the time he submits his application, pay to theSecretary of State $35.

(b) Take and subscribe to the oath set forth in Section2 of Article 15 of the Constitution of the State of Nevada as if he were apublic officer.

(c) Enter into a bond to the State of Nevada in the sumof $10,000, to be filed with the clerk of the county in which the applicantresides or, if the applicant is a resident of an adjoining state, with theclerk of the county in this State in which the applicant maintains a place ofbusiness or is employed. The applicant shall submit to the Secretary of State acertificate issued by the appropriate county clerk which indicates that theapplicant filed the bond required pursuant to this paragraph.

2. In addition to the requirements set forth insubsection 1, an applicant for appointment as a notary public, including,without limitation, a court reporter, who resides in an adjoining state mustsubmit to the Secretary of State with his application:

(a) An affidavit setting forth the adjoining state inwhich he resides, his mailing address and the address of his place of businessor employment that is located within the State of Nevada; and

(b) Unless the applicant is self-employed, an affidavitfrom his employer setting forth the facts that show:

(1) The employer is licensed to do business inthe State of Nevada; and

(2) The employer regularly employs the applicantat an office, business or facility which is located within the State of Nevada.

3. In completing an application, bond, oath or otherdocument necessary to apply for appointment as a notary public, an applicantmust not be required to disclose his residential address or telephone number onany such document which will become available to the public.

4. A court reporter who has received a certificate ofregistration pursuant to NRS 656.180 mayapply for appointment as a notary public with limited powers. Such an applicantis not required to enter into a bond to obtain the limited power of a notarypublic to administer oaths or affirmations.

5. If required, the bond, together with the oath, mustbe filed and recorded in the office of the county clerk of the county in whichthe applicant resides when he applies for his appointment or, if the applicantis a resident of an adjoining state, with the clerk of the county in this Statein which the applicant maintains a place of business or is employed. On a formprovided by the Secretary of State, the county clerk shall immediately certifyto the Secretary of State that the required bond and oath have been filed andrecorded. Upon receipt of the application, fee and certification that therequired bond and oath have been filed and recorded, the Secretary of Stateshall issue a certificate of appointment as a notary public to the applicant.

6. Except as otherwise provided in subsection 7, theterm of a notary public commences on the effective date of the bond requiredpursuant to paragraph (c) of subsection 1. A notary public shall not perform anotarial act after the effective date of the bond unless he has been issued acertificate of appointment.

7. The term of a notary public with limited powerscommences on the date set forth in his certificate of appointment.

8. Except as otherwise provided in this subsection,the Secretary of State shall charge a fee of $10 for each duplicate or amendedcertificate of appointment which is issued to a notary. If the notary publicdoes not receive an original certificate of appointment, the Secretary of Stateshall provide a duplicate certificate of appointment without charge if thenotary public requests such a duplicate within 60 days after the date on whichthe original certificate was issued.

[2:39:1864; A 1865, 407; 1883, 82; 1949, 69; 1943 NCL 4715] + [3:39:1864; A 1911, 361; RL 2746; NCL 4716](NRS A 1973, 386;1979, 77; 1981, 325; 1983, 706; 1985, 1205; 1987, 1113; 1989, 148; 1995, 191,1595; 1997, 931; 1999,74; 2001, 652)

NRS 240.031 Annualsubmission of affidavit by resident of adjoining state. A notary public who is a resident of an adjoining stateshall submit to the Secretary of State annually, within 30 days before theanniversary date of his appointment as a notary public, an affidavit containingthe information required pursuant to subsection 2 of NRS 240.030.

(Added to NRS by 1997, 929)

NRS 240.033 Requirementsfor bond; notification of exhaustion of penal sum; release of surety;suspension of appointment; reinstatement of appointment.

1. The bond required to be filed pursuant to NRS 240.030 must be executed by the personapplying to become a notary public as principal and by a surety companyqualified and authorized to do business in this State. The bond must be madepayable to the State of Nevada and be conditioned to provide indemnification toa person determined to have suffered damage as a result of an act by the notarypublic which violates a provision of NRS240.001 to 240.169, inclusive. Thesurety company shall pay a final, nonappealable judgment of a court of thisState that has jurisdiction, upon receipt of written notice of final judgment.The bond may be continuous but, regardless of the duration of the bond, theaggregate liability of the surety does not exceed the penal sum of the bond.

2. If the penal sum of the bond is exhausted, thesurety company shall notify the Secretary of State in writing within 30 daysafter its exhaustion.

3. The surety bond must cover the period of theappointment of the notary public, except when a surety is released.

4. A surety on a bond filed pursuant to NRS 240.030 may be released after thesurety gives 30 days written notice to the Secretary of State and notarypublic, but the release does not discharge or otherwise affect a claim filed bya person for damage resulting from an act of the notary public which is allegedto have occurred while the bond was in effect.

5. The appointment of a notary public is suspended byoperation of law when the notary public is no longer covered by a surety bondas required by this section and NRS 240.030or the penal sum of the bond is exhausted. If the Secretary of State receivesnotice pursuant to subsection 4 that the bond will be released or pursuant tosubsection 2 that the penal sum of the bond is exhausted, the Secretary ofState shall immediately notify the notary public in writing that hisappointment will be suspended by operation of law until another surety bond isfiled in the same manner and amount as the bond being terminated.

6. The Secretary of State may reinstate theappointment of a notary public whose appointment has been suspended pursuant tosubsection 5, if the notary public, before his current term of appointmentexpires:

(a) Submits to the Secretary of State:

(1) An application for an amended certificate ofappointment as a notary public; and

(2) A certificate issued by the clerk of thecounty in which the applicant resides or, if the applicant is a resident of anadjoining state, the county in this State in which the applicant maintains aplace of business or is employed, which indicates that the applicant filed anew surety bond with the clerk.

(b) Pays to the Secretary of State a fee of $10.

(Added to NRS by 1995, 189; A 1997, 933; 2005, 2275)

NRS 240.036 Amendedcertificate of appointment: Required for certain changes in information;suspension for failure to obtain; fee; issuance.

1. If, at any time during his appointment, a notarypublic changes his mailing address, county of residence or signature or, if heis a resident of an adjoining state, changes his place of business oremployment, he shall submit to the Secretary of State a request for an amendedcertificate of appointment on a form provided by the Secretary of State. Therequest must:

(a) Include the new information;

(b) Be submitted within 30 days after making thatchange; and

(c) Be accompanied by a fee of $10.

2. The Secretary of State may suspend the appointmentof a notary public who fails to provide to the Secretary of State notice of achange in any of the information specified in subsection 1.

3. If a notary public changes his name during hisappointment and he intends to use his new name in the performance of hisnotarial duties, he shall submit to the Secretary of State a request for anamended certificate of appointment on a form provided by the Secretary ofState. The request must:

(a) Include his new name and signature and his address;

(b) Be submitted within 30 days after making thechange; and

(c) Be accompanied by a fee of $10.

4. Upon receipt of a request for an amendedcertificate of appointment and the appropriate fee, the Secretary of Stateshall issue an amended certificate of appointment.

5. When the notary public receives the amendedcertificate of appointment, he shall:

(a) Destroy his notarys stamp and obtain a newnotarys stamp which includes the information on the amended certificate.

(b) Notify the surety company which issued his bond ofthe changes.

(Added to NRS by 1995, 188; A 1997, 933)

NRS 240.040 Useof stamp; embossed notarial seal not required; requirements of stamp.

1. The statement required by paragraph (d) ofsubsection 1 of NRS 240.1655 must:

(a) Be imprinted in indelible, photographicallyreproducible ink with a rubber or other mechanical stamp; and

(b) Set forth:

(1) The name of the notary public;

(2) The phrase Notary Public, State of Nevada;

(3) The date on which the appointment of thenotary public expires;

(4) The number of the certificate of appointmentof the notary public;

(5) If the notary public so desires, the GreatSeal of the State of Nevada; and

(6) If the notary public is a resident of anadjoining state, the word nonresident.

2. After July 1, 1965, an embossed notarial seal isnot required on notarized documents.

3. The stamp required pursuant to subsection 1 must:

(a) Be a rectangle, not larger than 1 inch by 2 1/2inches, and may contain a border design; and

(b) Produce a legible imprint.

4. A notary public shall not affix his stamp overprinted material.

5. As used in this section, mechanical stampincludes an imprint made by a computer or other similar technology.

[10:39:1864; B 339; BH 2244; C 2411; RL 2753;NCL 4723](NRS A 1965, 647; 1985, 1205; 1995, 191, 1596; 1997, 934; 2003, 606)

NRS 240.045 Replacementof lost or inoperable stamp; prerequisite to production of stamp.

1. If the stamp of a notary public is lost, the notarypublic shall, within 10 days after the stamp is lost, submit to the Secretaryof State a request for an amended certificate of appointment, on a formprovided by the Secretary of State, and obtain a new stamp in accordance with NRS 240.036. The request must beaccompanied by a fee of $10.

2. If the stamp is destroyed, broken, damaged orotherwise rendered inoperable, the notary public shall immediately notify theSecretary of State of that fact and obtain a new stamp.

3. A person or governmental entity shall not make,manufacture or otherwise produce a notarys stamp unless the notary publicpresents his original or amended certificate of appointment or a certified copyof his original or amended certificate of appointment to that person orgovernmental entity.

(Added to NRS by 1995, 188; A 1997, 935)

NRS 240.051 Actionsrequired upon resignation or death of notary public.

1. If a notary public resigns or dies during hisappointment, the notary public, or the executor of his estate, as appropriate,shall:

(a) Notify the Secretary of State of the resignation ordeath; and

(b) Destroy the notarys stamp.

2. Upon the receipt of the notice required bysubsection 1, the Secretary of State shall cancel the appointment of the notarypublic, effective on the date on which the notice was received.

(Added to NRS by 1995, 189)

NRS 240.060 Powersof notary public. Except as otherwise providedin NRS 240.069, a notary public may,during normal business hours, perform notarial acts in lawful transactions fora person who requests the act and tenders the appropriate fee.

[Part 1911 CPA 541; RL 5483; NCL 9030] +[4:39:1864; B 333; BH 2238; C 2405; RL 2747; NCL 4717] + [5:39:1864;B 334; BH 2239; C 2406; RL 2748; NCL 4718] + [6:39:1864; B 335; BH 2240; C 2407; RL 2749; NCL 4719] + [7:39:1864; B 336; BH 2241; C 2408; RL 2750; NCL 4720](NRS A 1985, 1206; 1987, 1303; 1995, 192, 1596)

NRS 240.063 Evidentiaryeffect of signature; limitations on evidentiary effect of certification ofdocuments.

1. The signature of a notary public on a documentshall be deemed to be evidence only that the notary public knows the contentsof the document that constitute the signature, execution, acknowledgment, oath,affirmation or affidavit.

2. When a notary public certifies that a document is acertified or true copy of an original document, the certification shall not bedeemed to be evidence that the notary public knows the contents of thedocument.

(Added to NRS by 1997, 929; A 2003, 607)

NRS 240.065 Restrictionson powers of notary public; exception.

1. A notary public may not perform a notarial act if:

(a) He executed or is named in the instrumentacknowledged or sworn to;

(b) Except as otherwise provided in subsection 2, hehas or will receive directly from a transaction relating to the instrument orpleading a commission, fee, advantage, right, title, interest, property orother consideration in excess of the fee authorized pursuant to NRS 240.100 for the notarial act; or

(c) The person whose signature is to be acknowledged orsworn to is a relative of the notary public by marriage or consanguinity.

2. A notary public who is an attorney licensed topractice law in this State may perform a notarial act on an instrument orpleading if he has or will receive directly from a transaction relating to theinstrument or pleading a fee for providing legal services in excess of the feeauthorized pursuant to NRS 240.100 forthe notarial act.

3. As used in this section, relative includes,without limitation:

(a) A spouse, parent, grandparent or stepparent;

(b) A natural born child, stepchild or adopted child;

(c) A grandchild, brother, sister, half brother, halfsister, stepbrother or stepsister;

(d) A grandparent, parent, brother, sister, halfbrother, half sister, stepbrother or stepsister of the spouse of the notarypublic; and

(e) A natural born child, stepchild or adopted child ofa sibling or half sibling of the notary public or of a sibling or half siblingof the spouse of the notary public.

(Added to NRS by 1985, 1205; A 1995, 192; 1997, 935; 2005, 67)

NRS 240.069 Powersand duties of certified court reporter appointed as notary public with limitedpowers. A certified court reporter whoreceives a certificate of appointment as a notary public with limited powerspursuant to subsection 4 of NRS 240.030,may only administer oaths and affirmations and may not perform the otherpowers, and is not required to perform the other duties, of a notary publicspecified in NRS 240.060, 240.120 and 240.1655.

(Added to NRS by 1995, 1595; A 2001, 653; 2003, 607)

NRS 240.075 Prohibitedacts. A notary public shall not:

1. Influence a person to enter or not enter into alawful transaction involving a notarial act performed by the notary public.

2. Certify an instrument containing a statement knownby him to be false.

3. Perform any act as a notary public with intent todeceive or defraud, including, without limitation, altering the journal that heis required to keep pursuant to NRS 240.120.

4. Endorse or promote any product, service or offeringif his appointment as a notary public is used in the endorsement or promotionalstatement.

5. Certify photocopies of a certificate of birth,death or marriage or a divorce decree.

6. Allow any other person to use his notarys stamp.

7. Allow any other person to sign the notarys name ina notarial capacity.

8. Perform a notarial act on a document that containsonly a signature.

(Added to NRS by 1985, 1205; A 1987, 1114; 1995, 193;2001, 653)

NRS 240.085 Advertisementsin language other than English to contain notice if notary public is not anattorney; penalties.

1. Every notary public who is not an attorney licensedto practice law in this State and who advertises his services as a notarypublic in a language other than English by any form of communication, except asingle plaque on his desk, shall post or otherwise include with theadvertisement a notice in the language in which the advertisement appears. Thenotice must be of a conspicuous size, if in writing, and must appear insubstantially the following form:

 

I AM NOT AN ATTORNEY IN THESTATE OF NEVADA. I AM NOT LICENSED TO GIVE LEGAL ADVICE. I MAY NOT ACCEPT FEESFOR GIVING LEGAL ADVICE.

 

2. A notary public who is not an attorney licensed topractice law in this State shall not use the term notario, notario publicoor any other equivalent non-English term in any form of communication thatadvertises his services as a notary public, including, without limitation, abusiness card, stationery, notice and sign.

3. If the Secretary of State finds a notary publicguilty of violating the provisions of subsection 1 or 2, he shall:

(a) Suspend the appointment of the notary public fornot less than 1 year.

(b) Revoke the appointment of the notary public for athird or subsequent offense.

4. A notary public who is found guilty in a criminalprosecution of violating subsection 1 or 2 shall be punished by a fine of notmore than $2,000.

(Added to NRS by 1983, 307; A 1985, 1206; 2005, 68)

NRS 240.100 Feesfor services; additional fees for travel expenses; notarial acts performedwithin and outside scope of employment.

1. Except as otherwise provided in subsection 3, anotary public may charge the following fees and no more:

 

For taking an acknowledgment, forthe first signature of each signer.......... $5.00

For each additional signature ofeach signer............................................... 2.50

For administering an oath oraffirmation without a signature.......................... 2.50

For a certified copy................................................................................................. 2.50

For a jurat, for each signature onthe affidavit................................................... 5.00

 

2. All fees prescribed in this section are payable inadvance, if demanded.

3. A notary public may charge an additional fee fortraveling to perform a notarial act if:

(a) The person requesting the notarial act asks thenotary public to travel;

(b) The notary public explains to the person requestingthe notarial act that the fee is in addition to the fee authorized in subsection1 and is not required by law;

(c) The person requesting the notarial act agrees inadvance upon the hourly rate that the notary public will charge for theadditional fee; and

(d) The additional fee does not exceed:

(1) Ifthe person requesting the notarial act asks the notary public to travel betweenthe hours of 6 a.m. and 7 p.m., $10 per hour.

(2) Ifthe person requesting the notarial act asks the notary public to travel betweenthe hours of 7 p.m. and 6 a.m., $25 per hour.

The notarypublic may charge a minimum of 2 hours for such travel and shall charge on apro rata basis after the first 2 hours.

4. A notarypublic is entitled to charge the amount of the additional fee agreed to inadvance by the person requesting the notarial act pursuant to subsection 3 if:

(a) The personrequesting the notarial act cancels his request after the notary public beginshis travel to perform the requested notarial act.

(b) The notarypublic is unable to perform the requested notarial act as a result of theactions of the person who requested the notarial act or any other person who isnecessary for the performance of the notarial act.

5. For eachadditional fee that a notary public charges for traveling to perform a notarialact pursuant to subsection 3, the notary public shall enter in the journal thathe keeps pursuant to NRS 240.120:

(a) The amountof the fee; and

(b) The date and time that the notary public began andended such travel.

6. A person who employs a notary public may prohibitthe notary public from charging a fee for a notarial act that the notary publicperforms within the scope of his employment. Such a person shall not requirethe notary public whom he employs to surrender to him all or part of a feecharged by the notary public for a notarial act performed outside the scope ofhis employment.

[17:39:1864; B 346; BH 2251; C 2418; RL 2760;NCL 4730] + [1:94:1865; B 2735; BH 2318; C 2457; RL 1994; NCL 2925]+ [1:49:1883; BH 2342; C 2468; RL 2005; NCL 2936] + [15:94:1865; B 2749; BH 2329; C 2467; RL 2004; NCL 2935] + [16:49:1883; A 1889, 39; C 2481; RL 2018; NCL 2949] + [Part 25:49:1883; BH 2366; C 2490; RL 2027; NCL 2958](NRS A 1981, 325; 1985, 1207; 1993, 261; 1995, 193; 1997,935; 1999, 76; 2003, 607)

NRS 240.110 Postingof table of fees. If a notary public chargesfees for performing notarial acts, he shall publish and set up in someconspicuous place in his office a table of his fees, according to this chapter,for the inspection of all persons who have business in his office. The schedulemust not be printed in smaller than 1/2-inch type. A notary public shall notcharge fees unless he has published and set up a table of fees in accordancewith this subsection.

[Part 23:49:1883; BH 2364; C 2488; RL 2025; NCL 2956](NRS A 1985, 1207; 1995, 193; 1997, 936)

NRS 240.120 Journalof notarial acts: Duty to maintain; contents; verification based upon crediblewitness; copy of entry; period of retention; report of loss or theft;exceptions.

1. Except as otherwise provided in NRS 240.069, each notary public shall keepa journal in his office in which he shall enter for each notarial actperformed, at the time the act is performed:

(a) The fees charged, if any;

(b) The title of the document;

(c) The date on which he performed the service;

(d) The name and signature of the person whosesignature is being notarized;

(e) A description of the evidence used by the notarypublic to verify the identification of the person whose signature is beingnotarized;

(f) An indication of whether he administered an oath;and

(g) The type of certificate used to evidence thenotarial act, as required pursuant to NRS240.1655.

2. If the notary verifies the identification of theperson whose signature is being notarized on the basis of a credible witness,the notary public shall:

(a) Require the witness to sign the journal in thespace provided for the description of the evidence used; and

(b) Make a notation in the journal that the witness isa credible witness.

3. The journal must:

(a) Be open to public inspection.

(b) Be in a bound volume with preprinted page numbers.

4. A notary public shall, upon request and payment ofthe fee set forth in NRS 240.100,provide a certified copy of an entry in his journal.

5. A notary public shall retain each journal that hehas kept pursuant to this section until 7 years after the date on which heceases to be a notary public.

6. A notary public shall file a report with theSecretary of State and the appropriate law enforcement agency if his journal islost or stolen.

7. The provisions of this section do not apply to aperson who is authorized to perform a notarial act pursuant to paragraph (b),(c) or (d) of subsection 1 of NRS 240.1635.

[Part 18:49:1883; BH 2359; C 2483; RL 2020; NCL 2951] + [Part 21:49:1883; BH 2362; C 2486; RL 2023; NCL 2954](NRS A1967, 533; 1993, 262; 1995, 193, 1596; 1997, 936; 2001, 654)

NRS 240.130 Onlyauthorized fees to be charged. A notary publicshall not charge a fee to perform a service unless he is authorized to charge afee for such a service pursuant to this chapter.

[17:49:1883; BH 2358; C 2482; RL 2019; NCL 2950] + [Part 21:49:1883; BH 2362; C 2486; RL 2023; NCL 2954](NRS A1967, 533; 1997, 937)

NRS 240.143 Unlawfulpossession of certain personal property of notary public.

1. The following items are the personal property of anotary public:

(a) His official stamp;

(b) His journal; and

(c) His certificate of appointment.

2. It is unlawful for a person who comes intopossession of the official stamp, journal or certificate of appointment of anotary public to withhold such an item from the notary public, whether or notthe person provided the notary public with the money to acquire the item.

(Added to NRS by 1997, 930)

NRS 240.145 Unlawfulreproduction or use of completed notarial certificate; penalty.

1. It is unlawful for any person to:

(a) Photocopy or otherwise reproduce a completednotarial certificate with a notarys statement and signature if thatcertificate is reproduced for use in a mailing to endorse, promote or sell anyproduct, service or offering; or

(b) Include a photocopy or other reproduction of acompleted notarial certificate with a notarys statement and signature in amailing to endorse, promote or sell any product, service or offering.

2. Any person who violates any of the provisions ofsubsection 1 is guilty of a gross misdemeanor.

(Added to NRS by 1995, 189)

NRS 240.147 Unlawfuldestruction, defacement or concealment of notarial record.

1. It is unlawful for a person to knowingly destroy,deface or conceal a notarial record.

2. As used in this section, notarial record means:

(a) The journal that a notary public is required tokeep pursuant to NRS 240.120; and

(b) A document or other evidence retained by a notarypublic to record the performance of a notarial act.

(Added to NRS by 1997, 930)

NRS 240.150 Liabilityfor misconduct or neglect; liability of employer; penalties for willfulviolation or neglect of duty; procedure upon revocation or suspension.

1. For misconduct or neglect in a case in which anotary public appointed pursuant to the authority of this state may act, eitherby the law of this state or of another state, territory or country, or by thelaw of nations, or by commercial usage, he is liable on his official bond tothe parties injured thereby, for all the damages sustained.

2. The employer of a notary public is liable for anydamages proximately caused by the misconduct of the notary public, if:

(a) The notary public was acting within the scope ofhis employment at the time he engaged in the misconduct; and

(b) The employer of the notary public consented to themisconduct of the notary public.

3. The Secretary of State may refuse to appoint or maysuspend or revoke the appointment of a notary public who fails to provide tothe Secretary of State, within a reasonable time, information that theSecretary of State requests from him in connection with a complaint whichalleges a violation of this chapter.

4. Except as otherwise provided in this chapter, forany willful violation or neglect of duty or other violation of this chapter, orupon proof that the notary public has been convicted of a crime involving moralturpitude:

(a) A notary public or other person who violates aprovision of this chapter may be fined not more than $2,000 for each violation;

(b) The appointment of the notary public may besuspended for a period determined by the Secretary of State, but not exceedingthe time remaining on his appointment;

(c) The appointment of the notary public may berevoked; or

(d) The notary public may be fined and his appointmentmay be:

(1) Revoked; or

(2) Suspended for a period determined by theSecretary of State.

5. If the Secretary of State revokes or suspends theappointment of a notary public pursuant to this section, the Secretary of Stateshall:

(a) Notify the notary public in writing of therevocation or suspension; and

(b) Cause notice of the revocation or suspension to bepublished in a newspaper of general circulation in the county in which thenotary public resides or works.

6. Except as otherwise provided by law, the Secretaryof State may impose the fine that is authorized pursuant to this section upon anotary public whose appointment has expired if the notary public committed theviolation that justifies the fine before his appointment expired.

[13:39:1864; B 342; BH 2247; C 2414; RL 2756;NCL 4726](NRS A 1985, 1208; 1995, 194; 1997, 937)

NRS 240.155 Notarizationof signature of person not in presence of notary public unlawful; penalty.

1. A notary public who is appointed pursuant to thischapter shall not willfully notarize the signature of a person unless theperson is in the presence of the notary public and:

(a) Is known to the notary public; or

(b) If unknown to the notary public, providesdocumentary evidence of identification to the notary public.

2. A person who:

(a) Violates the provisions of subsection 1; or

(b) Aids and abets a notary public to commit aviolation of subsection 1,

is guilty ofa gross misdemeanor.

(Added to NRS by 2005, 2274)

Uniform Law on Notarial Acts

NRS 240.161 Shorttitle; uniformity of application and construction.

1. NRS 240.161to 240.169, inclusive, may be cited asthe Uniform Law on Notarial Acts.

2. These sections must be applied and construed toeffectuate their general purpose to make uniform the law with respect to thesubject of these sections among states enacting them.

(Added to NRS by 1993, 200; A 1995, 194; 2005, 2276)

NRS 240.1635 Notarialacts in this State.

1. A notarial act may be performed within this stateby the following persons:

(a) A notary public of this state;

(b) A judge, clerk or deputy clerk of any court of thisstate;

(c) A justice of the peace; or

(d) Any other person authorized to perform the specificact by the law of this state.

2. Notarial acts performed within this state underfederal authority as provided in NRS240.1645 have the same effect as if performed by a notarial officer of thisstate.

3. The signature and title of a person performing anotarial act are prima facie evidence that the signature is genuine and thatthe person holds the designated title.

(Added to NRS by 1993, 200)

NRS 240.164 Notarialacts in other jurisdictions of United States.

1. A notarial act has the same effect under the law ofthis state as if performed by a notarial officer of this state, if performed inanother state, commonwealth, territory, district or possession of the UnitedStates by any of the following persons:

(a) A notary public of that jurisdiction;

(b) A judge, clerk or deputy clerk of a court of thatjurisdiction; or

(c) Any other person authorized by the law of thatjurisdiction to perform notarial acts.

2. Notarial acts performed in other jurisdictions ofthe United States under federal authority as provided in NRS 240.1645 have the same effect as ifperformed by a notarial officer of this state.

3. The signature and title of a person performing anotarial act are prima facie evidence that the signature is genuine and thatthe person holds the designated title.

4. The signature and indicated title of an officerlisted in paragraph (a) or (b) of subsection 1 conclusively establish theauthority of a holder of that title to perform a notarial act.

(Added to NRS by 1993, 201)

NRS 240.1645 Notarialacts under federal authority.

1. A notarial act has the same effect under the law ofthis State as if performed by a notarial officer of this State if performedanywhere by any of the following persons under authority granted by the law ofthe United States:

(a) A judge, clerk or deputy clerk of a court;

(b) A commissioned officer on active duty in themilitary service of the United States;

(c) An officer of the foreign service or consularofficer of the United States; or

(d) Any other person authorized by federal law toperform notarial acts.

2. The signature and title of a person performing anotarial act are prima facie evidence that the signature is genuine and thatthe person holds the designated title.

3. The signature and indicated title of an officerlisted in paragraph (a), (b) or (c) of subsection 1 conclusively establish theauthority of a holder of that title to perform a notarial act.

(Added to NRS by 1993, 201)

NRS 240.165 Foreignnotarial acts.

1. A notarial act has the same effect under the law ofthis State as if performed by a notarial officer of this State if performedwithin the jurisdiction of and under authority of a foreign nation or itsconstituent units or a multinational or international organization by thefollowing persons:

(a) A notary public;

(b) A judge, clerk or deputy clerk of a court ofrecord; or

(c) A person authorized by the law of that jurisdictionto perform notarial acts.

2. A certificate by an officer of the foreign serviceor consular officer of the United States stationed in the nation under thejurisdiction of which the notarial act was performed, or a certificate by anofficer of the foreign service or consular officer of that nation stationed inthe United States, conclusively establishes a matter relating to theauthenticity or validity of the notarial act set forth in the certificate.

3. An official stamp or seal of the person performingthe notarial act is prima facie evidence that the signature is genuine and thatthe person holds the indicated title.

4. An official stamp or seal of an officer listed inparagraph (a) or (b) of subsection 1 is prima facie evidence that a person withthe indicated title has authority to perform notarial acts.

5. If the title of office and indication of authorityto perform notarial acts appears either in a digest of foreign law or in a listcustomarily used as a source for that information, the authority of an officerwith that title to perform notarial acts is conclusively established.

(Added to NRS by 1993, 201; A 1997, 939; 2001, 654; 2005, 2276)

NRS 240.1655 Notarialacts.

1. A notarial act must be evidenced by a certificatethat:

(a) Identifiesthe county, including, without limitation, Carson City, in this State in whichthe notarial act was performed in substantially the following form:

 

State of Nevada

County of ............................................

 

(b) Except asotherwise provided in this paragraph, includes the name of the person whosesignature is being notarized. If the certificate is for certifying a copy of adocument, the certificate must include the name of the person presenting thedocument. If the certificate is for the jurat of a subscribing witness, thecertificate must include the name of the subscribing witness.

(c) Is signedand dated in ink by the notarial officer performing the notarial act.

(d) If thenotarial officer performing the notarial act is a notary public, includes thestatement imprinted with the stamp of the notary public, as described in NRS 240.040.

(e) If the notarial officer performing the notarial actis not a notary public, includes the title of the office of the notarialofficer and may include the official stamp or seal of that office. If theofficer is a commissioned officer on active duty in the military service of theUnited States, the certificate must also include the officers rank.

2. A notarialofficer shall:

(a) In takingan acknowledgment, determine, from personal knowledge or satisfactory evidence,that the person making the acknowledgment is the person whose signature is onthe document. The person who signed the document shall present the document tothe notarial officer in person.

(b) Inadministering an oath or affirmation, determine, from personal knowledge orsatisfactory evidence, the identity of the person taking the oath oraffirmation.

(c) Incertifying a copy of a document, photocopy the entire document and certify thatthe photocopy is a true and correct copy of the document that was presented tothe notarial officer.

(d) In makingor noting a protest of a negotiable instrument, verify compliance with theprovisions of subsection 2 of NRS 104.3505.

(e) Inexecuting a jurat, administer an oath or affirmation to the affiant and determine,from personal knowledge or satisfactory evidence, that the affiant is theperson named in the document. The affiant shall sign the document in thepresence of the notarial officer. The notarial officer shall administer theoath or affirmation required pursuant to this paragraph in substantially thefollowing form:

 

Do you (solemnly swear, oraffirm) that the statements in this document are true, (so help you God)?

 

3. A certificate of a notarial act is sufficient if itmeets the requirements of subsections 1 and 2 and it:

(a) Is in the short form set forth in NRS 240.166 to 240.169, inclusive;

(b) Is in a form otherwise prescribed by the law ofthis State;

(c) Is in a form prescribed by the laws or regulationsapplicable in the place in which the notarial act was performed; or

(d) Sets forth the actions of the notarial officer andthose are sufficient to meet the requirements of the designated notarial act.

4. For thepurposes of paragraphs (a), (b) and (e) of subsection 2, a notarial officer hassatisfactory evidence that a person is the person whose signature is on adocument if he:

(a) Ispersonally known to the notarial officer;

(b) Isidentified upon the oath or affirmation of a credible witness;

(c) Isidentified on the basis of an identifying document which contains a signatureand a photograph;

(d) Isidentified on the basis of a consular identification card;

(e) Isidentified upon an oath or affirmation of a subscribing witness who is personallyknown to the notarial officer; or

(f) In the caseof a person who is 65 years of age or older and cannot satisfy the requirementsof paragraphs (a) to (e), inclusive, is identified upon the basis of anidentification card issued by a governmental agency or a senior citizen center.

5. An oath oraffirmation administered pursuant to paragraph (b) of subsection 4 must be insubstantially the following form:

 

Do you(solemnly swear, or affirm) that you personally know (name of person whosigned the document), (so help you God)?

 

6. A notarial officer shall not affix his signatureover printed material.

7. By executing a certificate of a notarial act, thenotarial officer certifies that the notarial officer has complied with all therequirements of this section.

8. As used in this section, unless the contextotherwise requires, consular identification card means an identification cardissued by a consulate of a foreign government, which consulate is locatedwithin the State of Nevada.

(Added to NRS by 1993, 202; A 1995, 195; 1997, 940; 2001, 655; 2003, 608, 1932)

NRS 240.1657 Authenticationof signature of notarial officer by Secretary of State.

1. Except as otherwise provided in subsection 2, theSecretary of State shall, upon request and payment of a fee of $20, issue anauthentication to verify that the signature of the notarial officer on adocument is genuine and that the notarial officer holds the office indicated onthe document. If the document:

(a) Is intended for use in a foreign country that is aparticipant in the Hague Convention of October 5, 1961, the Secretary of Statemust issue an apostille in the form prescribed by the Hague Convention ofOctober 5, 1961.

(b) Is intended for use in the United States or in aforeign country that is not a participant in the Hague Convention of October 5,1961, the Secretary of State must issue a certification.

2. The Secretary of State shall not issue anauthentication pursuant to subsection 1 if:

(a) The document has not been notarized in accordancewith the provisions of this chapter; or

(b) The Secretary of State has reasonable cause tobelieve that the document may be used to accomplish any fraudulent, criminal orunlawful purpose.

(Added to NRS by 2005, 2274)

NRS 240.166 Shortform for acknowledgment in individual capacity. Uponcompliance with the requirements of NRS240.1655, the following certificate is sufficient for an acknowledgment inan individual capacity:

 

State of Nevada

County of.............................................

 

This instrument was acknowledged before me on.(date). by .(name(s) of person(s))..

.......................................................................

(Signatureof notarial officer)

(Seal, if any)

.......................................................................

(Titleand rank (optional))

 

(Added to NRS by 1993, 202; A 1995, 196; 2001, 655; 2003, 610)

NRS 240.1663 Shortform for administering oath or affirmation of office. Uponcompliance with the requirements of NRS240.1655, the following certificate is sufficient for administering an oathor affirmation of office:

 

State of Nevada

County of.............................................

 

I, .(name of person taking oath or affirmation ofoffice)......., do solemnly swear (or affirm) that I will support, protect anddefend the Constitution and Government of the United States and theConstitution and Government of the State of Nevada against all enemies, whetherdomestic or foreign, and that I will bear true faith, allegiance and loyalty tothe same, any ordinance, resolution or law of any state notwithstanding, andthat I will well and faithfully perform all the duties of the office of.......(title of office)......., on which I am about to enter; (if an oath) sohelp me God; (if an affirmation) under the pains and penalties of perjury.

 

.......................................................................

(Signatureof person taking oath

oraffirmation of office)

 

Signed and sworn to (or affirmed) before me on.......(date)....... by .......(name of person taking oath or affirmation ofoffice)........

 

.......................................................................

(Signatureof notarial officer)

(Seal, if any)

.......................................................................

(Titleand rank (optional))

 

(Added to NRS by 2001, 651; A 2003, 610)

NRS 240.1665 Shortform for acknowledgment in representative capacity. Uponcompliance with the requirements of NRS240.1655, the following certificate is sufficient for an acknowledgment ina representative capacity:

 

State of Nevada

County of.............................................

 

This instrument was acknowledged before me on.......(date)....... by .......(name(s) of person(s))....... as .......(type ofauthority, e.g., officer, trustee, etc.)....... of .......(name of party onbehalf of whom instrument was executed)........

 

.......................................................................

(Signatureof notarial officer)

(Seal, if any)

.......................................................................

(Titleand rank (optional))

 

(Added to NRS by 1993, 203; A 1995, 196; 2001, 656; 2003, 611)

NRS 240.1667 Shortform for acknowledgment containing power of attorney. Uponcompliance with the requirements of NRS240.1655, the following certificate is sufficient for an acknowledgmentthat contains a power of attorney:

 

State of Nevada

County of ............................................

 

This instrument was acknowledged before me on.......(date)....... by .......(name of person holding power ofattorney)....... as attorney-in-fact for .......(name of principal/person whosename is in the document)........

 

.......................................................................

(Signatureof notarial officer)

(Seal, if any)

.......................................................................

(Titleand rank (optional))

 

(Added to NRS by 1997, 929; A 2001, 656; 2003, 611)

NRS 240.167 Shortform for execution of jurat. Upon compliancewith the requirements of NRS 240.1655,the following certificate is sufficient for executing a jurat:

 

State of Nevada

County of.............................................

 

Signed and sworn to (or affirmed) before me on.......(date)....... by .......(name(s) of person(s) making statement)........

 

.......................................................................

(Signatureof notarial officer)

(Seal, if any)

.......................................................................

(Titleand rank (optional))

 

(Added to NRS by 1993, 203; A 1995, 196; 2001, 657; 2003, 611)

NRS 240.168 Shortform for certifying copy of document. Uponcompliance with the requirements of NRS240.1655, the following certificate is sufficient for certifying a copy ofa document:

 

State of Nevada

County of.............................................

 

I certify that this is a true and correct copy of adocument in the possession of .......(name of person who presents thedocument)........

Dated..............................................

 

.......................................................................

(Signatureof notarial officer)

(Seal, if any)

.......................................................................

(Titleand rank (optional))

 

(Added to NRS by 1993, 203; A 1995, 197; 1997, 940; 2001, 657; 2003, 612)

NRS 240.1685 Shortform for jurat of subscribing witness. Uponcompliance with the requirements of NRS240.1655, the following certificate is sufficient for a jurat of asubscribing witness:

 

State of Nevada

County of.............................................

 

On .......(date)......., .......(subscribingwitness)....... personally appeared before me, whom I know to be the person whosigned this jurat of a subscribing witness while under oath, and swears that heor she was present and witnessed .......(signer of the document)....... signhis or her name to the above document.

 

.......................................................................

(Signatureof subscribing witness)

 

Signed and sworn before me on .......(date)....... by.......(subscribing witness)........

 

.......................................................................

(Signatureof notarial officer)

(Seal, if any)

.......................................................................

(Titleand rank(optional))

 

(Added to NRS by 1995, 190; A 2003, 612)

NRS 240.169 Shortform for acknowledgment of credible witness. Uponcompliance with the requirements of NRS240.1655, the following certificate is sufficient for an acknowledgment ofa credible witness:

 

State of Nevada

County of.............................................

 

This instrument was acknowledged before me on.......(date)....... by .......(name of person)....... who personally appearedbefore me and whose identity I verified upon the oath of .......(name ofcredible witness)......., a credible witness personally known to me and to theperson who acknowledged this instrument before me.

 

.......................................................................

(Signatureof notarial officer)

(Seal, if any)

.......................................................................

(Titleand rank (optional))

 

(Added to NRS by 1995, 190; A 1997, 940; 2003, 613)

COMMISSIONED ABSTRACTERS

NRS 240.240 Creationof office. The office of commissionedabstracter, in and for the several counties of this State, is hereby created.

[1:180:1927; NCL 1450]

NRS 240.250 Appointmentand commission. The Secretary of State is empoweredto appoint and commission commissioned abstracters in and for the severalcounties of this state, in any number in which applications may be made to him,as in his judgment may be deemed advisable.

[2:180:1927; NCL 1451](NRS A 1997, 941)

NRS 240.260 Termof office. The term of office of acommissioned abstracter shall be for 4 years.

[Part 3:180:1927; NCL 1452]

NRS 240.270 Feefor commission; oath and bond.

1. Each commissioned abstracter, before entering uponthe acts authorized in NRS 240.240 to 240.330, inclusive, and at the time hereceives his commission, shall:

(a) Pay to the Secretary of State the sum of $10.

(b) Take the official oath as prescribed by law, whichoath shall be endorsed on his commission.

(c) Enter into a bond to the State of Nevada in the sumof $2,000, to be approved by the district judge of the county for which thecommissioned abstracter may be appointed.

2. Each commissioned abstracter shall have hiscommission, together with the bond, recorded in the office of the clerk of thecounty for which he has been appointed.

[5:180:1927; A 1951, 8](NRS A 1979, 78)

NRS 240.280 Seal.

1. Each commissioned abstracter shall provide anofficial seal with which he shall authenticate all his official acts. Thereshall be engraved on the official seal:

(a) The name of the county for which he has beencommissioned.

(b) The name of the State.

(c) The name of the commissioned abstracter.

(d) The words Commissioned Abstracter.

2. An impression of the official seal shall be made onthe official bond of each commissioned abstracter before recording the bond.

[6:180:1927; NCL 1455]

NRS 240.290 Actsmay be performed anywhere in State. All actsof any commissioned abstracter performed anywhere within this state shall be ofthe same force and validity as if performed within the county for which he wasappointed and in which he resides.

[4:180:1927; NCL 1453]

NRS 240.300 Powers. A commissioned abstracter shall have authority:

1. To make search and examination of all publicrecords and compile abstracts of title to real property or other propertytherefrom.

2. To make abstracts or copies of any and allinstruments of record in any public office within this state, and certify thesame in his official name and title, and under his official seal.

[7:180:1927; NCL 1456]

NRS 240.310 Fees. Each commissioned abstracter shall be entitled to chargeand receive, from a person or persons by whom he is employed, for services rendered,such fees as would be considered just and reasonable.

[8:180:1927; NCL 1457]

NRS 240.320 Revocationof commission. The Secretary of State may atany time, for cause, revoke the commission of a commissioned abstracter.

[Part 3:180:1927; NCL 1452](NRS A 1997, 941)

NRS 240.330 Penalties.

1. For any misconduct or neglect in any of the mattersin which any commissioned abstracter appointed under the authority of NRS 240.240 to 240.330, inclusive, is authorized to act,he shall be liable on his official bond to the person or persons injuredthereby for all damages sustained.

2. For any willful violation or neglect anycommissioned abstracter shall be subject to criminal prosecution, and may bepunished by fine not exceeding $2,000 and removal from office.

[9:180:1927; NCL 1458]

 

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