NRS 240.201
Duty to keep electronic journal of electronic notarial acts

  • suspension of registration for failure to produce electronic journal entry
  • period of retention of notarial records upon surrender, revocation or expiration of registration.

1.

An electronic notary public shall keep an electronic journal of each electronic notarial act which includes, without limitation, the requirements of subsections 1 and 5 of NRS 240.120, but does not include the electronic signatures of the person for whom the electronic notarial act was performed and any witnesses.

2.

An electronic notary public who performs electronic notarial acts shall:

(a)

Describe each electronic notarial act in the electronic journal and specify whether the electronic notarial act was performed using audio-video communication;

(b)

Maintain and protect the electronic journal at all times under his or her sole control; and

(c)

Provide for lawful inspection and copying of the electronic journal.

3.

An electronic notary public may maintain more than one electronic journal to record electronic notarial acts.

4.

The fact that the employer or contractor of an electronic notary public keeps a record of electronic notarial acts does not relieve the electronic notary public of the duties required by this section.

5.

An electronic journal must:

(a)

Enable access by a password or other secure means of authentication; and

(b)

Be capable of providing tangible or electronic copies of any entry made therein.

6.

The Secretary of State may suspend the registration of an electronic notary public who fails to produce any electronic journal entry within 10 days after receipt of a request from the Secretary of State.

7.

Upon surrender, revocation or expiration of a registration as an electronic notary public, all notarial records required pursuant to NRS 240.001 to 240.206, inclusive, must, except as otherwise provided by law, be kept by the electronic notary public for a period of 7 years after the termination of the registration of the electronic notary public.

8.

As used in this section, “sole control” means being in the direct physical custody of or safeguarded by an electronic notary public with a password or other secure means of authentication.

Source: Section 240.201 — Duty to keep electronic journal of electronic notarial acts; suspension of registration for failure to produce electronic journal entry; period of retention of notarial records upon surrender, revocation or expiration of registration., https://www.­leg.­state.­nv.­us/NRS/NRS-240.­html#NRS240Sec201.

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

Jun. 24, 2021

§ 240.201’s source at nv​.us