Nevada laws on notaries public can be found in Chapter 240, Title 19 of Statute of Nevada. Pursuant to Nev. Rev. Stat. Ann. § 240.010, the secretary of state appoints notaries public in the state of Nevada.
Pursuant to Nev. Rev. Stat. Ann. § 240.015, qualifications for appointment of a notary public include:
- a citizen of the U. S. or lawfully admitted for permanent residency in the U S as verified by the U. S. Citizenship and Immigration Services;
- a resident of the state of Nevada;
- at least 18 years of age; and
- possess civil rights.
Pursuant to Nev. Rev. Stat. Ann. § 240.010, the person applying for a notary public shall not be a person:
- submitting an application containing a substantial and material misstatement or omission of fact;
- whose previous appointment as a notary public in the state of Nevada is revoked;
- who has been convicted of a crime involving moral turpitude;
- against whom a complaint alleging a violation of provision concerning notary public is pending; and
- who has not submitted to the Secretary of State proof satisfactory to the Secretary of State that s/he has enrolled in and successfully completed a course of study for a notary public.
Pursuant to Nev. Rev. Stat. Ann. § 240.010, a notary public can cancel his/her appointment by submitting a written notice to the secretary of state. A person who has not received a certificate of appointment from the secretary of state cannot represent himself/ herself as a notary public. The Secretary of State can request the Attorney General to bring an action against a person who violates the above requirements[i].
Pursuant to Nev. Rev. Stat. Ann. § 240.015, when a person appointed as a notary public ceases to be lawfully admitted for permanent residency in the U. S. during his/ her appointment. A notary public within ninety days after his/her lawful admission has expired or is otherwise terminated, submit to the secretary of state that s/he is lawfully readmitted for permanent residency as verified by the U.S. Citizenship and Immigration Services. When a person fails to submit such evidence within the prescribed time, his/her appointment expires by operation of law.
Pursuant to Nev. Rev. Stat. Ann. § 240.015, the secretary of state appoints a person residing in an adjoining state as a notary public when:
- the applicant maintains a place of business in the State of Nevada; or
- the applicant is regularly employed at an office, business or facility located within the State of Nevada by an employer licensed to do business in the state of Nevada.
However, when such a person ceases to maintain a place of business in the state of Nevada or regular employment at an office, the secretary of state can suspend his/ her appointment. When a notary public submits an affidavit containing necessary requirements for reinstatement, the secretary of state can reinstate a suspended appointment[ii].
Pursuant to Nev. Rev. Stat. Ann. § 240.030, a person applying for appointment as a notary public must pay $35 to the secretary of state. The applicant should take and subscribe to the oath of the constitution of the State of Nevada. Additionally, the applicant should provide proof satisfactory to the Secretary of State that s/he has enrolled in and successfully completed a course of study mandated. The applicant should enter 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. A resident of an adjoining state should file the bond with the clerk of the county in the state in which the applicant maintains a place of business or is employed. The applicant should submit to the secretary of state a certificate issued by the appropriate county clerk indicating that the applicant has filed the bond[iii].
Pursuant to Nev. Rev. Stat. Ann. § 240.060, a notary public can perform notarial acts in lawful transactions for a person who requests the act and tenders the appropriate fee during normal business hours.
Pursuant to Nev. Rev. Stat. Ann. § 240.063, the signature of a notary public on a document is deemed to be evidence only that the notary public knows the contents of the document constituting the signature, execution, acknowledgment, oath, affirmation or affidavit. When a notary public certifies that a document is a certified or true copy of an original document, the certification is deemed to be evidence that the notary public knows the contents of the document[iv].
Pursuant to Nev. Rev. Stat. Ann. § 240.075, prohibited notarial acts include:
- influencing a person to enter or not enter into a lawful transaction involving a notarial act performed by the notary public;
- certifying an instrument containing a statement known by him to be false;
- performing acts as a notary public with intent to deceive or defraud;
- altering the journal that s/he is required to keep;
- endorsing or promoting any product, service or offering when his appointment as a notary public is used in the endorsement or promotional statement;
- certifying photocopies of a certificate of birth, death or marriage or a divorce decree;
- allowing other persons to use his/her notary’s stamp;
- allowing other persons to sign the notary’s name in a notarial capacity; and
- performing a notarial act on a document that containing only a signature.
Pursuant to Nev. Rev. Stat. Ann. § 240.100, a notary public can charge the following fee:
- for taking an acknowledgment, for the first signature of each signer, $5.00;
- for each additional signature of each signer, 2.50;
- for administering an oath or affirmation without a signature, 2.50;
- for a certified copy, 2.50; and
- for a jurat, for each signature on the affidavit, 5.00.
Pursuant to Nev. Rev. Stat. Ann. § 240.100, a notary public can charge an additional fee for traveling to perform a notarial act.
Pursuant to Nev. Rev. Stat. Ann. § 240.130, a notary public should not charge a fee to perform a service unless s/he is authorized to charge a fee for such a service.
Pursuant to Nev. Rev. Stat. Ann. § 240.143, personal properties of a notary public include: official stamp, journal; and certificate of appointment.
Pursuant to Nev. Rev. Stat. Ann. § 240.143, a person possessing the official stamp, journal or certificate of appointment of a notary public to withhold such an item from the notary public is unlawful.
Pursuant to Nev. Rev. Stat. Ann. § 240.145, it is unlawful for any person to photocopy or otherwise reproduce a completed notarial certificate with a notary’s statement and signature for use in a mailing to endorse, promote or sell any product; service or offering. Additionally, it is unlawful to potocopy or other reproduction of a completed notarial certificate with a notary’s statement and signature in a mailing to endorse; promote or sell any product; service or offering. A person violating prohibitions is guilty of a gross misdemeanor[v].
Pursuant to Nev. Rev. Stat. Ann. § 240.147, knowingly destroying, defacing or concealing a notarial record is unlawful. Notarial record include: the journal that a notary public is required to keep; and documents or other evidence retained by a notary public to record the performance of a notarial act.
Pursuant to Nev. Rev. Stat. Ann. § 240.150, for misconduct or neglect in a case in which a notary public appointed, s/ he is liable on his/her official bond to the parties injured for all the damages sustained. The secretary of state can refuse to appoint, suspend or revoke the appointment of a notary public who fails to provide to the secretary of state, within a reasonable time, information that the secretary of state requests from him/her in connection with a complaint. For any willful violation or neglect of duty or other violation upon proof a notary public can be convicted of a crime involving moral turpitude. For violation a notary public:
- can be fined not more than $2,000;
- the appointment of the notary public can be suspended for a period determined by the secretary of state. However, the term should not exceed the time remaining on his/ her appointment;
- the appointment of the notary public can be revoked;
- can be fined and his appointment can be revoked or suspended for a period determined by the secretary of state.
Pursuant to Nev. Rev. Stat. Ann. § 240.150, when the secretary of state revokes or suspends the appointment of a notary public the secretary of state should notify the notary public in writing of the revocation or suspension. The secretary should cause notice of the revocation or suspension to be published in a newspaper of general circulation in the county in which the notary public resides or works. Moreover, the secretary of state can impose the fine upon a notary public whose appointment has expired and the notary public has committed the violation[vi].
Pursuant to Nev. Rev. Stat. Ann. § 240.155, a notary public should not willfully notarize the signature of a person unless the person is in the presence of the notary public and is known to the notary public. Additionally, a notary public should not notarize a signature of a person unknown; or not providing a credible witness, or documentary evidence of identification to the notary public. A person violating, aiding and abetting a notary public to commit a violation is guilty of a gross misdemeanor[vii].
Pursuant to Nev. Rev. Stat. Ann. § 240.1635, a notarial acts can be performed within the state of Nevada by:
- a notary public of the state of Nevada;
- a judge, clerk or deputy clerk of any court of the state of Nevada;
- a justice of the peace; or
- any other person authorized to perform the specific act by the law of the state of Nevada.
Pursuant to Nev. Rev. Stat. Ann. § 240.1635, notarial acts performed within the state of Nevada under federal authority has the same effect as if performed by a notarial officer of the state of Nevada. The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.
[i] Nev. Rev. Stat. Ann. § 240.010.
[ii] Nev. Rev. Stat. Ann. § 240.015.
[iii] Nev. Rev. Stat. Ann. § 240.030.
[iv] Nev. Rev. Stat. Ann. § 240.063.
[v] Nev.Rev. Stat. Ann. § 240.145.
[vi] Nev. Rev. Stat. Ann. § 240.150.
[vii] Nev. Rev. Stat. Ann. § 240.155.