NRS 240.205
Authentication of signature of electronic notary public by Secretary of State

  • penalty
  • regulations.

1.

Except as otherwise provided in subsection 2, the Secretary of State shall, upon request, issue an authentication to verify that the electronic signature of the electronic notary public on an electronic document is genuine and that the electronic notary public holds the office indicated on the electronic document. The authentication must be:

(a)

Signed by the Secretary of State; and

(b)

In conformance with any relevant international treaties, agreements and conventions subscribed to by the Government of the United States, including, without limitation, the Hague Convention of October 5, 1961.

2.

The Secretary of State shall not issue an authentication pursuant to subsection 1 if:

(a)

The electronic document has not been electronically notarized in accordance with the provisions of NRS 240.001 to 240.206, inclusive;

(b)

The Secretary of State has reasonable cause to believe that the electronic document may be used to accomplish any fraudulent, criminal or unlawful purpose; or

(c)

The request to issue an authentication does not include a statement, in the form prescribed by the Secretary of State and signed under penalty of perjury, that the document for which the authentication is requested will not be used to:

(1)

Harass a person; or

(2)

Accomplish any fraudulent, criminal or other unlawful purpose.

3.

No civil action may be brought against the Secretary of State on the basis that:

(a)

The Secretary of State has issued an authentication pursuant to subsection 1; and

(b)

The document has been used to:

(1)

Harass a person; or

(2)

Accomplish any fraudulent, criminal or other unlawful purpose.

4.

A person who uses a document for which an authentication has been issued pursuant to subsection 1 to:

(a)

Harass a person; or

(b)

Accomplish any fraudulent, criminal or other unlawful purpose,
Ê is guilty of a category C felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years, and may be further punished by a fine of not more than $5,000.

5.

The Secretary of State may adopt regulations to carry out the provisions of this section.

Source: Section 240.205 — Authentication of signature of electronic notary public by Secretary of State; penalty; regulations., https://www.­leg.­state.­nv.­us/NRS/NRS-240.­html#NRS240Sec205.

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

§ 240.205’s source at nv​.us