NRS 240.198
Notarization of signature of person not in presence of notary public unlawful

  • penalty
  • powers limited to areas within this State
  • certain notarial acts deemed performed within this State.
Except as otherwise specifically provided by law:

1.

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 and:

(a)

Is known to the electronic notary public; or

(b)

If unknown to the electronic notary public, provides a credible witness or documentary evidence of identification to the electronic notary public.

2.

A person who:

(a)

Violates the provisions of subsection 1; or

(b)

Aids and abets an electronic notary public to commit a violation of subsection 1,
Ê is guilty of a gross misdemeanor.

3.

Registration as an electronic notary public pursuant to NRS 240.181 to 240.206, inclusive, does not authorize the electronic notary public to perform notarial acts in another state.

4.

A notarial act performed by an electronic notary public in this State for a person located outside this State by means of audio-video communication in accordance with the provisions of this chapter shall not be deemed to be performed outside this State.

Source: Section 240.198 — Notarization of signature of person not in presence of notary public unlawful; penalty; powers limited to areas within this State; certain notarial acts deemed performed within this State., https://www.­leg.­state.­nv.­us/NRS/NRS-240.­html#NRS240Sec198.

240.181
Short title. 240.182
Definitions. 240.183
“Electronic” defined. 240.184
“Electronic document” defined. 240.185
“Electronic notarial act” defined. 240.186
“Electronic notary public” defined. 240.187
“Electronic seal” defined. 240.188
“Electronic signature” defined. 240.189
Applicability. 240.191
Unlawful acts 240.192
Registration 240.194
Period of registration 240.195
Courses of study required 240.196
Powers of electronic notary public. 240.197
Fees for services 240.198
Notarization of signature of person not in presence of notary public unlawful 240.199
Evidence of electronic notarial act 240.201
Duty to keep electronic journal of electronic notarial acts 240.202
Use of electronic signature and electronic seal 240.203
Notice to Secretary of State of death of electronic notary public or surrender, revocation or expiration of registration 240.204
Unlawful acts. 240.205
Authentication of signature of electronic notary public by Secretary of State 240.206
Regulations. 240.1821
“Audio-video communication” defined. 240.1823
“Credential” defined. 240.1825
“Dynamic knowledge-based authentication assessment” defined. 240.1882
“In the presence of” or “appear before” defined. 240.1943
Course of study for registration. 240.1991
Requirements for use of audio-video communication: Technology. 240.1993
Requirements for use of audio-video communication: Location. 240.1995
Duty to record electronic notarial acts performed using audio-video communication 240.1997
Electronic notarial acts using audio-video communication: Confirmation of identity. 240.1999
Recording certain electronic documents relating to real property.
Last Updated

Feb. 5, 2021

§ 240.198’s source at nv​.us