2010 Nevada Code
TITLE 19 MISCELLANEOUS MATTERS RELATED TO GOVERNMENT AND PUBLIC AFFAIRS
Chapter 240 Notaries Public and Commissioned Abstracters
NRS 240.1655 Notarial acts.
NRS 240.1655 Notarial acts.
1. A notarial act must be evidenced by a certificate that:
(a) Identifies the county, including, without limitation, Carson City, in this State in which the notarial act was performed in substantially the following form:
State of Nevada
County of ........................................
(b) Except as otherwise provided in this paragraph, includes the name of the person whose signature is being notarized. If the certificate is for certifying a copy of a document, the certificate must include the name of the person presenting the document. If the certificate is for the jurat of a subscribing witness, the certificate must include the name of the subscribing witness.
(c) Is signed and dated in ink by the notarial officer performing the notarial act.
(d) If the notarial officer performing the notarial act is a notary public, includes the statement imprinted with the stamp of the notary public, as described in NRS 240.040.
(e) If the notarial officer performing the notarial act is not a notary public, includes the title of the office of the notarial officer and may include the official stamp or seal of that office. If the officer is a commissioned officer on active duty in the military service of the United States, the certificate must also include the officer's rank.
2. A notarial officer shall:
(a) 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. The person who signed the document shall present the document to the notarial officer in person.
(b) In administering an oath or affirmation, determine, from personal knowledge or satisfactory evidence, the identity of the person taking the oath or affirmation.
(c) 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.
(d) In making or noting a protest of a negotiable instrument, verify compliance with the provisions of subsection 2 of NRS 104.3505.
(e) 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. The affiant shall sign the document in the presence of the notarial officer. 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)?
3. A certificate of a notarial act is sufficient if it meets 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 of this State;
(c) Is in a form prescribed by the laws or regulations applicable in the place in which the notarial act was performed; or
(d) Sets forth the actions of the notarial officer and those are sufficient to meet the requirements of the designated notarial act.
4. For the purposes of paragraphs (a), (b) and (e) of subsection 2, a notarial officer has satisfactory evidence that a person is the person whose signature is on a document if the person:
(a) Is personally known to the notarial officer;
(b) Is identified upon the oath or affirmation of a credible witness;
(c) Is identified on the basis of an identifying document which contains a signature and a photograph;
(d) Is identified on the basis of a consular identification card;
(e) Is identified upon an oath or affirmation of a subscribing witness who is personally known to the notarial officer; or
(f) In the case of a person who is 65 years of age or older and cannot satisfy the requirements of paragraphs (a) to (e), inclusive, is identified upon the basis of an identification card issued by a governmental agency or a senior citizen center.
5. An oath or affirmation administered pursuant to paragraph (b) of subsection 4 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)?
6. A notarial officer shall not affix his or her signature over printed material.
7. By executing a certificate of a notarial act, the notarial officer certifies that the notarial officer has complied with all the requirements of this section.
8. As used in this section, unless the context otherwise requires, "consular identification card" means an identification card issued by a consulate of a foreign government, which consulate is located within the State of Nevada.
(Added to NRS by 1993, 202; A 1995, 195; 1997, 940; 2001, 655; 2003, 608, 1932)
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