Nevada Modifies Notary Provisions
Nevada has updated several provisions regarding notaries to include reference to electronic notaries public. These provisions are effective as of July 1, 2017.
Renewal
One modified provision states that electronic notaries are required to renew their appointments at the same time as non-electronic notaries are required to renew.
Application Requirements
Another provision adds that an applicant for appointment as an electronic notary must take an online course of study, not to exceed three hours, which must include instruction and completion of an examination of the course content.
Record Retention
Another modified provision states that upon resignation, revocation, or expiration of an appointment as an electronic notary public, all notarial records must be kept for at least seven years.
Authentication by Secretary of State
A final provision provides additional circumstances for which the Secretary of State shall not issue an authentication to verify that the electronic signature of an electronic notary public is genuine. This applies when the request to authenticate does not include a statement, in the form prescribed by the Secretary of State and signed under the penalty of perjury, that the authentication will not be used for the purpose of harassing a person or accomplishing a fraudulent, criminal, or other unlawful purpose.
Additionally, a civil action may not be brought against the Secretary of State for issuing an authentication that was used to harass a person or accomplish any fraudulent, criminal, or other unlawful purpose. A person who uses an authentication for any of these purposes is guilty of committing a category C felony and shall be punished by a 1-5 year sentence in state prison and may also be subject to a fine of up to $5,000.
For the full text of Nevada Assembly Bill 476 please refer to http://www.leg.state.nv.us/Session/79th2017/Bills/AB/AB476_EN.pdf
Elizabeth Dailey, JD, is a Regulatory Compliance Director with CLA. She is a graduate of the University of New Hampshire and earned her juris doctor at New England Law. She is admitted to the Massachusetts Bar.
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