Notary Public Handbook

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STATE OF NEVADA

NOTARY PUBLIC HANDBOOK

2023-2027
COURTESY OF

FRANCISCO V. AGUILAR
SECRETARY OF STATE
101 N. Carson Street, Suite 3
Carson City, Nevada 89701-4786
(775) 684-5708
State of Nevada Notary Public Handbook

Contents
A Message from Secretary of State ................................................ 2
Who is a Notary Public? ................................................................... 3
What are Some Helpful Checklists? ................................................ 3
General Qualifications for Appointment for a Resident ............. 4
New and Renewing an Appointment ............................................. 5
Registering an Electronic Notary Platform .................................... 6
Role of a Notary Public ..................................................................... 6
Prohibited Acts .................................................................................. 7
Restricted Acts ................................................................................... 8
Sufficient Evidence of Identification ............................................... 9
Completing a Compliant Notarial Certificate .............................. 10
Journal of Notarial Acts: Duty to Maintain .................................. 19
Use of Stamp ................................................................................... 21
Signature of Notary Public............................................................. 21
Civil Penalties ................................................................................... 22
Notarial Fees .................................................................................... 23
Answers to Commonly Asked Questions .................................... 25

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State of Nevada Notary Public Handbook
A Message from Secretary of State
Francisco V. Aguilar
March 9, 2023

Dear Notary Public:


Thank you for being a part of the large number of Nevadans dedicated to the
important role of being a Notary Public. There are more than 25,000 notaries
public in the State of Nevada – each one of you are crucial to doing business
in our state.
Notaries Public are held to high ethical and professional standards - you are
now taking on the responsibility to serve the public honestly and fairly. This
job requires dedication to the law and a keen attention to detail. The
Secretary of State’s Office appoints every Notary Public to perform this
important job, and it’s one of my many duties as Secretary of State to
oversee these appointments, as well as to enforce Nevada Revised Statutes
Chapter 240 to govern notaries public.
The Secretary of State’s office provides this Notary Handbook to help
increase awareness of the responsibilities of notaries public. In this book, you
will find the tools needed to be an effective, informed notary for the State of
Nevada. From the most frequently asked questions and their answers to
examples of notary acts to the appropriate notary certificate to accompany
each notary act – this guide will be a useful reference as you take on your
role. The Secretary of State’s Notary Division also offers Notary Training
Classes to both current and future notaries to assist you with your duties as a
Notary Public.
On the Secretary of State’s website at www.nvsos.gov, you will find
information about how to become a Notary Public, the training opportunities
available and your responsibilities once appointed. The Secretary of State’s
Office offers class registration as part of our online services, so you can sign
up, pay, transfer, or cancel classes without mailing in a paper form.
If you have any questions about your role, you may contact the Notary
Division by phone at 775-684-5708 or visit the website for more information.
Thank you for providing this valuable and important service in Nevada.
Sincerely,

FRANCISCO V. AGUILAR
Secretary of State

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State of Nevada Notary Public Handbook
Who is a Notary Public?

A Notary Public is an individual appointed to perform the


duties of administering oaths, taking acknowledgments,
executing jurats, and certifying copies within the State of
Nevada. The Secretary of State is charged with the
responsibility of appointing Notaries Public by the provisions of
Chapter 240 of the Nevada Revised Statutes.

What are Some Helpful Checklists?

Notary Public Commission Appointment Checklist

Before Submitting my Application:


 Entered into a Bond with the State ($10,000)
 Obtained a Filing Notice
 Complete Notary Public Training Course
 Pass Notary Public Exam

Submitting my Application:
 Filing Notice
 Training Certificate
 Signed (Your Notary Public Signature) Application
 Pay Application and Training Fees (Total of $80)

Registering an Electronic Notarization Platform Checklist

Before Submitting my Registration, I must:


 Obtain My electronic seal and electronic signature
 Get An Exemplar from the approved Provider
 Complete the Electronic Notary Public Course
 Pass Electronic Notary Public Exam

Submitting my Registration and Exemplar:


 Submit Registration on SilverFlume ($50)
 Submit Exemplar on SilverFlume ($0)
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State of Nevada Notary Public Handbook
General Qualifications for Appointment for a Resident

A Resident appointed as a Notary Public must:

 Be a resident of the State of Nevada.


 Be at least 18 years of age.
 Possess their civil rights.
 Have completed a course of study pursuant to NRS
240.018.

The Secretary of State may appoint a person who resides in an


adjoining state as a Notary Public if that person either:

 Maintains a place of business in the State of Nevada.


 Or is regularly employed at an office, business, or
facility located within the State of Nevada.

If such conditions cease to continue, the Secretary of State


may suspend the person’s appointment.

Applicants of a non-resident Notary Public appointment


are required to submit:

If employed within Nevada

1. A copy of applicant’s employer’s Nevada State Business


license
2. A “Non-resident Notary Public Affidavit”
3. An “Affidavit of Applicant’s Employer”

If self-employed

1. A copy of the applicant’s state business license and any


business license required by the local government
where the business is located.
2. A “Non-resident Notary Public Affidavit”
3. And an “Affidavit of Self-Employer Applicant”

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State of Nevada Notary Public Handbook
New and Renewing an Appointment

Before submitting an application for appointment,

an individual must:

 Complete the Notary Public Training Course and pass


the Notary Public Exam.
 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 or, if the applicant is a resident of
an adjoining state, with the clerk of the county in this
State in which the applicant maintains a place of
business or is employed.

The applicant must obtain the certificate issued by the


appropriate county clerk, or Filing Notice, which indicates to
the State that the applicant correctly filed the bond required.

Before being appointed or renewing a commission,


an individual must:

 Submit their Notary Public Application, Filing Notice,


and Training Certificate along with the Application
Fee of $35 and Training Course Fee of $45 to the
Secretary of State ($80 total).

A Notary Public will need their Commission Certificate to


obtain a Stamp. A stamp is required for authenticating a
notarial act. The Notary Public will also need to obtain a
Journal of Notarial Acts as the Notary Public is required to
maintain a record of all notarial acts.

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State of Nevada Notary Public Handbook
Registering an Electronic Notary Platform

A Notary Public wishing to register an Electronic Notary


Platform must:

 At the time of submission, the registrant must be an


active notarial officer with the State of Nevada.
 And have successfully completed the required
Electronic Notary Course and passed the Electronic
Notarization Exam.

The Notary Public may register their chosen platform(s) with


the Secretary of State by submitting an electronic registration
for each of the platform provider(s) they chose to use and
upload the Exemplar from each platform registered.

The Notary Public will then pay to the Secretary of State the
registration fee of $50 and the Electronic Notary Public
Training Course Fee of $45 ($90 in total).

Role of a Notary Public

A Notary Public is an independent second party verifying an


instrument of a first party for a third party.

To complete this, the Notary Public would need to check to see


if they are prohibited or restricted from completing the notarial
act, obtain sufficient evidence to identify the person making
the request, ensure the notarial certificate is completed
correctly, record the event into their journal or electronic
journal, then, and only then, Sign and Stamp.

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State of Nevada Notary Public Handbook
Prohibited Acts

A Notary Public is prohibited in the State of Nevada from


performing any of the following:

 Influence a person to enter or not enter into a lawful


transaction involving a notarial act performed by the
Notary Public.
 Certify an instrument containing a statement known by
the Notary Public to be false.
 Perform any act as a Notary Public with intent to
deceive, or defraud including, without limitation,
altering the journal that the Notary Public is required to
keep.
 Endorse or promote any product, service, or offering if
their appointment as a Notary Public is used in the
endorsement or promotional statement.
 Certify photocopies of a certificate of birth, death or
marriage or a divorce decree.
 Allow any other person to use their notary stamp.
 Allow any other person to sign using the notary’s name
in a notarial capacity.
 Perform any notarial act on any document or page that
contains only a signature.
 Perform any notarial act on blank piece of paper with
no text.
 Perform a notarial act on a document unless that
document has been filled out completely and has been
signed.
 Affix their stamp to any document which does not
contain a notarial certificate.
 Willfully notarize the signature of a person unless the
person is in the presence of the Notary Public.

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State of Nevada Notary Public Handbook
Restricted Acts

The Notary Public is restricted in the State of Nevada from


performing a notarial act if any of the following conditions
apply:

 If the Notary Public executed or is named in the


instrument acknowledged, sworn to, witnessed, or
attested.
 The Notary Public has or will receive directly from a
transaction relating to the instrument or pleading a
commission, fee, advantage, right, title, interest,
property, or other consideration more than the fee
authorized for the notarial act.
 The Notary Public and the person whose signature is to
be acknowledged, sworn to, witnessed, or attested are
domestic partners.
 The Notary Public and the person whose signature is to
be acknowledged, sworn to, witnessed, or attested is a
relative of the domestic partner of the Notary Public or
a relative of the Notary Public by marriage or
consanguinity.

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State of Nevada Notary Public Handbook
Sufficient Evidence of Identification

When a Notary Public is taking an acknowledgment,


administering an oath or affirmation, or executing a jurat, the
Notary Public must determine, from personal knowledge or
satisfactory evidence, that the person is the individual whose
signature is on the document.

A Notary Public has satisfactory evidence that a person is the


individual whose signature is on a document if:

 The person is personally known to the notarial officer,


or identified upon the oath or affirmation of a credible
witness who personally appears before the notarial
officer
 The person is identified by an identifying document
which contains both a signature and a photograph of
the individual
 The person is identified by a consular identification card
 The person is identified upon an oath or affirmation of a
subscribing witness who is personally known to the
Notary Public
 The person, in the case of an individual who is 65 years
of age or older and cannot satisfy the requirements by
other means, is identified upon the basis of an
identification card issued by a governmental agency or
a senior citizen center.

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State of Nevada Notary Public Handbook
Completing a Compliant Notarial Certificate

A notarial act must be evidenced by a certificate. The


certificate consists of the Venue, Notarial Wording, and the
Notary Public’s Signature and Stamp.

The Venue

The Venue identifies the State and County, including, without


limitation, the independent city of Carson City, in which the
notarial act was performed in substantially the following form:

State of Nevada State of Nevada

County of ____________ OR Carson City

Compliant Notarial Wording

The following is a brief description of the duties a Notary Public


is authorized to conduct in the State of Nevada and the
language one may use for each duty.

Administering an Oath or Affirmation

Taking an Acknowledgment

Executing a Jurat

Certifying a Copy

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State of Nevada Notary Public Handbook
Administer Oaths or Affirmations

Before completing the notarial certificate, the individual taking


the oath or affirmation raises one’s right hand while the Notary
Public, state the words of the oath or affirmation. The oath
taker then repeats these words back to the notarial officer.

The following is sufficient for administering an oath or


affirmation of office.

State of Nevada
County of ________________

I, [Name of Person taking oath or affirmation of office],


do solemnly swear (or affirm) that I will support, protect and
defend the Constitution and Government of the United
States and the Constitution and Government of the State of
Nevada against all enemies, whether domestic or foreign,
and that I will bear true faith, allegiance and loyalty to the
same, any ordinance, resolution or law of any state
notwithstanding, and that I will well and faithfully perform all
the duties of the office of [Title of Office], on which I am
about to enter; (if an oath) so help me God; (if an affirmation)
under the pains and penalties of perjury.

______________________________________________
[Signature of person taking oath or affirmation of office]

Signed and sworn to (or affirmed) before me on [Date] by


[Name of Person taking oath or affirmation of office].

__________________________________ Notary Stamp


[Signature of Notarial Officer]

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State of Nevada Notary Public Handbook
Taking Acknowledgments

“Acknowledgment” means a declaration by a person that they


have executed an instrument for the purposes stated therein
and, if the instrument is executed in a representative capacity,
that the person who signed the instrument did so with proper
authority and executed it as the act of the person or entity
represented and identified therein. The document signer must
present the document to the Notary Public and acknowledge
that they previously signed the document, or the document
signer can sign the document in the Notary’s Public presence
when completing an acknowledgement.

The following format and notary language are sufficient for


taking an acknowledgment in an individual capacity.

State of Nevada
County of ________________

This instrument was acknowledged before me on [Date] by


[Name of Person(s) Acknowledging the Instrument].

__________________________________ Notary Stamp


[Signature of Notarial Officer]

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State of Nevada Notary Public Handbook

The following format and notary language are sufficient for


taking an acknowledgment containing a power of attorney.

State of Nevada
County of ________________

This instrument was acknowledged before me on [Date] by


[Name of Person Holding Power of Attorney] as attorney
in fact for [Name of Principal].

__________________________________ Notary Stamp


[Signature of Notarial Officer]

The following format of notarial language is sufficient for taking


an acknowledgment in a representative capacity.

State of Nevada
County of ________________

This instrument was acknowledged before me on [Date] by


[Name of Person(s)] as [Type of Authority, e.g. President,
Trustee, etc.] of [Name of Party on Behalf of Whom
Instrument was Executed].

__________________________________ Notary Stamp


[Signature of Notarial Officer]

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State of Nevada Notary Public Handbook

The following format and notary language are sufficient for


taking an acknowledgment when notarizing the signature of a
person unable to sign.

State of Nevada
County of ________________

This instrument was acknowledged before me on [Date] by


[Name of Person Physically Unable to Sign the
Document] who directed that his or her signature be
affixed to the above instrument by [Name of Person(s)
Directed to Sign the Document].

__________________________________ Notary Stamp


[Signature of Notarial Officer]

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State of Nevada Notary Public Handbook
Executing Jurats

A “Jurat” is a declaration by the Notary Public that the signer of


an instrument signed the document in the presence of the
notarial officer and swore to, or affirmed to, the statements in
the document being true.

The Notary Public must first determine that the document


signer is the person named in the document. Then, for the
Notary Public to state a document was signed and sworn (or
affirmed) before them, they must administer an oath by
swearing in the document signer. To do this, the Notary Public
will ask, “Do you swear (or affirm) that the statements in this
document are true (so help you God)?” The document signer
must then answer, “Yes” to complete the act.

To be sensitive to people who wish not to take an oath by


swearing, the Notary Public may substitute the word “affirm”
for “swear” and exclude the phrase “so help you God.” The
person must still answer “Yes” and sign the document in the
presence of the Notary Public.

The following is sufficient for executing a jurat.

State of Nevada
County of ________________

Signed and sworn to (or affirmed) before me on [Date] by


[Name of Person(s) Making Statement].

__________________________________ Notary Stamp


[Signature of Notarial Officer]

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State of Nevada Notary Public Handbook
Use of Subscribing Witness

If a document signer cannot personally appear before a notary,


a subscribing witness may swear, or affirm, that the signature
is that of the document signer. The subscribing witness had to
be present when the document was signed by the principle
and be Personally Known by the Notarial Officer to have
subscribing witness’ signature notarized.

Only documents requiring an acknowledgment can be


notarized through a subscribing witness.

The following is sufficient for a jurat of a subscribing witness:

State of Nevada
County of ________________

On [Date], [Name of Subscribing Witness] personally


appeared before me, whom I know to be the person who
signed this jurat of a subscribing witness while under oath
and swears that he or she was present and witnessed
[Signer of the Document] sign his or her name to the
above document.

__________________________________
[Signature of Subscribing Witness]

Signed and sworn before me on [Date] by


[Name Subscribing Witness].

__________________________________ Notary Stamp


[Signature of Notarial Officer]

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State of Nevada Notary Public Handbook
Certifying Copies

In certifying a copy of a document, the Notarial Officer must


photocopy the entire document and certify that the photocopy
is a true and correct copy of the document that was presented
to the notarial officer.

The Notary Public must create the copy and is prohibited from
completing a certificate on copy produced by another person.

The following is sufficient for certifying a copy of a document.

State of Nevada
County of ________________

I certify that this is a true and correct copy of a document in


the possession of [Name of Person Who Presents the
Document] on [Date].

__________________________________ Notary Stamp


[Signature of Notarial Officer]

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State of Nevada Notary Public Handbook
Certifying Copy of Electronic Document

In certifying a copy of an electronic document, the Notarial


Officer is certifying that a paper document is a true and correct
copy of an electronic document and was printed by the
Notarial Officer or under their supervision. The Notarial
Officer must print the entire document and complete the
certificate on the printed paper document.

The following is sufficient for certifying a paper document is a


true and correct copy of an electronic document.

State of Nevada
County of ________________

I certify that this is a true and correct copy of an electronic


document printed by me or under my supervision. I further
certify that, at the time of printing, no security features
present on the electronic document indicated any changes
or errors in an electronic signature or other information in
the electronic document since its creation or execution.
[Dated].

__________________________________ Notary Stamp


[Signature of Notarial Officer]

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State of Nevada Notary Public Handbook
Journal of Notarial Acts: Duty to Maintain

A Notary Public shall keep a journal in which they are required


to enter each notarial act performed at the time the act is
performed. Each entry is required to include the fees charged
including travel (if any), the title of the document, the date on
which the Notary Public performed the act, and a description
of the evidence used by the Notary Public to verify the
identification of the person(s) whose signature is being
notarized. Each entry is also required to include the name and
signature of the person whose signature is being notarized, in
addition to, the type of certificate used to evidence the notarial
act, as required pursuant to NRS 240.1655, including an
indication of whether the Notary Public administered an oath.

A Notary Public may make a single journal entry for documents


with more than one notarial act if the notarial acts being
recorded are performed by the same person, at the same time,
and for one document.

When performing a notarial act, a Notary Public need not


require the person to sign the journal if: the Notary Public has
performed a notarial act for the person within the previous six
months, the Notary Public has personal knowledge of the
identity of the person, or the person is an employer or co-
worker of the Notary Public and the notarial act relates to a
transaction performed in the ordinary course of the person’s
business. If a notarial act does not require a person to sign the
journal, the Notary Public shall enter “known personally” as the
description required.

If the Notary Public verifies the identification of the person


whose signature is being notarized on the basis of a credible
witness, the Notary Public shall require the witness to sign the

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State of Nevada Notary Public Handbook
journal in the space provided for the description of the
evidence used and make a notation in the journal that the
witness is a credible witness.

The journal must be open to public inspection and be in a


bound volume with preprinted page numbers.

A Notary Public shall, upon request and payment of the fee set
forth in NRS 240.100, provide a certified copy of an entry in
their journal.

Storage of Journal

A Notary Public shall keep their journal in a secure location


when the Notary Public is not making an entry.

The appointed individual, the executor of the notary’s public


estate, or an authorized representative of the Notary Public
shall retain each journal they have kept until seven years after
the date on which appointed individual ceases to be a Notary
Public.

A Notary Public shall file a report with the Secretary of State


and the appropriate law enforcement agency if the journal of
the Notary Public is lost or stolen.

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State of Nevada Notary Public Handbook
Use of Stamp

The stamp of the Notary Public must be imprinted in indelible,


photographically reproducible ink with a rubber or other
mechanical stamp. The Stamp of the Notary Public must state
the following

 The name of the Notary Public


 The phrase “Notary Public, State of Nevada”
 The Commission Expiration date of the Notary Public
 The Commission Number of the Notary Public

If the Notary Public so desires, the Great Seal of the State of


Nevada

If the Notary Public is a resident of an adjoining state, the


stamp of Notary Public must also contain the word “non-
resident”.

The stamp is required to be a rectangle, no larger than 1-inch


by 2 ½-inches, and able to produce a legible imprint.

The Notary Public shall keep their stamp in a secure location


during any period in which they are not using the stamp. A
Notary Public shall not affix his or her stamp over printed
material.

Signature of Notary Public

The signature of a Notary Public on a document shall be


deemed to be evidence only that the Notary Public knows the
contents of the document that constitute 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 shall not be

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State of Nevada Notary Public Handbook
deemed to be evidence that the Notary Public knows the
contents of the document.

A notarial officer shall not affix their signature over printed


material.

Civil Penalties

The Secretary of State may refuse or revoke the appointment


of a Notary Public who fails to provide to the Secretary of State
information that the Secretary of State requests from the
Notary Public in connection with a complaint which alleges a
violation.

Notice of a revocation or suspension will be published publicly


on the website of the Secretary of State.

A Notary Public may be assessed a civil penalty of up to $2,000


for each violation.

The Secretary of State may assess the civil penalty upon a


Notary Public whose appointment has expired.

If a Notary Public is acting within the scope of their


employment at the time the Notary Public engaged in
misconduct and their employer consented to the misconduct
of the Notary Public, the employer of a Notary Public may be
assessed a civil penalty by the Secretary of State.

The preceding information on fines for notaries public and


their employers may accrue is not an all-inclusive list. Please
review NRS 240 for all civil penalties.

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State of Nevada Notary Public Handbook
Notarial Fees

Traditional Notarial Acts

A Notary Public may charge the following fees and no more for
a notarial act.

Taking an Acknowledgment

For the first signature of each signer $15.00

For each additional signature of each signer $7.50

For Administering an Oath or Affirmation $7.50

For a certified copy $7.50

When Executing a Jurat

For Each Signature on the Affidavit $15.00

Preforming a Marriage Ceremony $75.00

Electronic Notarial Acts

An electronic Notary Public may charge the following fees and


no more for electronic notarial acts.

When Taking an Acknowledgment

For each signature $25.00

When Executing a Jurat

For Each Signature $25.00

For Administering an Oath or Affirmation $25.00

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State of Nevada Notary Public Handbook
Travel Fees

A Notary Public may charge an additional fee for traveling to


perform a notarial act if the individual requesting the notarial
act asks the Notary Public to travel, the Notary Public explains
to the person requesting the notarial act that the fee is in
addition to the fee for the notarial act and is not required by
law, the individual requesting the notarial act agrees in
advance upon the hourly rate that the Notary Public will charge
for the additional fee, and the additional travel fee does not
exceed the below.

• $15.00 per hour if the person requesting the notarial


act asks the Notary Public to travel between 6:00 a.m. &
7:00 p.m.
• $30.00 per hour if the person requesting the notarial
act asks the Notary Public to travel between 7:00 p.m. &
6:00 a.m.
• The Notary Public may charge a minimum of two hours
for travel and shall charge on a per hours traveled after
the first two hours.

A Notary Public is entitled to charge a fee for travel by the


person requesting the notarial act if the person requesting the
notarial act cancels the request after the Notary Public begins
traveling or the Notary Public is unable to perform the
requested notarial act because of the actions of the person
who requested the notarial act.

Please Note:

All fees are payable in advance, if demanded.

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State of Nevada Notary Public Handbook
Answers to Commonly Asked Questions

The Notarial Act

Does the instrument need to be signed in front of me?

When preforming a Jurat, the statutes require that the


Notary Public observe the signer sign the instrument.

Do I have to know what type of document I am notarizing?

The notary is required to enter the title of the document in


their journal. The Notary Public does not review the
contents of the document beyond verifying that they are not
prohibited from completing the notarial act.

Can I notarize a document written in a foreign language?

Yes. But, like all notarial acts you complete, this depends on
if the Notary Public can obtain the information required to
perform the Notarial Act.

 Can the notary obtain the title of document needed for


the journal?
 When executing a Jurat, can the Notary Public
determine the individual is named within the
instrument?
 Is the Notary Public able to verify that the document
does not use the Notary’s signature to endorse or
promote a product?

What should I do if I determine a document is forged or


fraudulent?

Do not notarize it!

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State of Nevada Notary Public Handbook
What if the document does not have any notary wording?

Add it. The individual making the request must tell you
what type of act they would like preformed, but it is the role
of the Notary Public to use the correct notarial certificate.

What if the document presenter will not allow me to add or


edit the notary language on a presented document?

It is required for each notarial act to be evidenced with a


compliant notarial certificate. You should never feel forced
to use the wording the customer wants you to use.

Identifying the Client

Does a credible witness need to be present?

The credible witness must be before the notarial officer.


You must administer the oath, and they must be personally
known to the Notary Public.

Can a “mark” be accepted as the individual’s signature?

Yes. NRS 52.305 states:

The signature of a party, when required to a written


instrument, is equally valid if the party cannot write, if:

a) The person makes his mark;


b) The name of the person making the mark is written
near it; and
c) The mark is witnessed by a person who writes his
own name as a witness.

In order that a signature by mark may be acknowledged or


may serve as the signature to any sworn statement, it must
be witnessed by two persons who must subscribe their own
names as witnesses thereto.
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State of Nevada Notary Public Handbook
Is a photo ID required?

It is required the identification card used has both, a photo


and signature of the individual.

How do I notarize the signature of someone who is from


another country if that person’s ID has been stolen?

The standard for determining identity is the same. If no ID


is available, a credible witness may be used.

Keeping a Journal

Do I have to purchase a special kind of journal? If so, where


can I find one?

Yes. NRS 240.120 (3)(b) states in part, “The journal must be


in a bound volume with preprinted page numbers.” You
may purchase a journal from an office supply store.

May I share a journal with another Notary Public?

No. Each Notary Public is required to keep a journal and


enter each notarial act performed at the time the act is
performed.

How public is the notary journal? Exactly who can inspect it?

Your journal is open to public inspection; however, you


should not hand over your journal for random "fishing
expeditions”. An individual may request a Certified Copy of
a Journal entry from a Notary Public.

Does every single transaction need to be recorded even if they


are all for the same person?

Yes.

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State of Nevada Notary Public Handbook
May I refuse to complete a notarization for someone who
refuses to sign my journal?

You must. Chapter 240 of Nevada Revised Statute requires


the journal be signed. It is a good practice to complete the
journal entry before you complete the notarial certificate.

Can I “hide” a document in my journal by giving it a false title to


protect a client?

No. The title of the document and person’s name is required


by statute to be in your journal.

To save time, can I have another employee enter the


information required in the journal, then have the document
signer sign the journal in my presence?

No, you may not have any other person than yourself enter
information into your journal.

The Notarial Stamp

How important is it that I use black ink for my stamp as


opposed to some other color?

Statute does not specify a color ink, only that the stamp
must be indelible and photographically reproducible.

May I change the venue if it is printed with the wrong state or


county?

The Notary Public shall authenticate all acts with a Nevada


compliant certificate. It is best practice to complete a new
certificate rather than editing or correcting prepopulated
wording.

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State of Nevada Notary Public Handbook
When there is no room for the notarial certificate, may I use
my stamp on the back or attach one on another piece of
paper? How should I indicate that this is what I have done?

The notary stamp must be readable, and Statute prohibits


placing a Notary Public’s stamp or signature over printed
material. You may use the back of the document or an
attached sheet. When a notarial certificate is attached,
please note on the notarial certificate the document to
which it is attached.

Certifying a Copy

What is the difference between “Attesting to a copy” and


“Notarizing a Certified Copy?”

As the Notary Public, you certify that you have made a true
and correct copy, completing the notarial certificate on the
copy you make.

It is not the role of a Notary Public to certify or attest to


information within a document, that a document was
completed correctly, or if someone holds an accurate
record. If the customer needs a “certified copy” of a record,
the agency that holds the records should provide that
document. The information that comes from Nevada
County Clerks, Vital Statistics, or County Recorder’s offices
are already certified copies and are prohibited from being
photocopied by a Notary Public.

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State of Nevada Notary Public Handbook
If I am asked to certify a copy of a document that is in a
language I do not understand, may I refuse to complete the
Notarial Act because I am worried, I may be photocopying a
document which I am prohibited for copying?

Yes. Again, you should not feel forced to complete a


notarization.

Being a Notary

What is meant by the term “executed” in NRS 240.065, and to


whom does it apply?

“Executed” means signed and refers to the notary.

Must I determine if the person signing before me understands


what they are signing?

You are not obligated as the Notary Public to make this


determination. If you are not comfortable performing a
notarial act, you should not continue.

How can a notarized document be authenticated for use in a


foreign county?

Many foreign countries request the appointed Notarial


Officer’s signature be authenticated. This can be completed
through the Secretary of State’s office because the State of
Nevada is the appointing authority. A document in which
the signature has been Authenticated will receive an
Apostille or Certification. Please tell you customer to go to
our website for more information.

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State of Nevada Notary Public Handbook
Can my employer deny me the right to notarize after hours?

If your employer purchased the bond, they may request


that you do not complete notarial acts under that bond, but
you are the appointed Notary Public, not your employer.

Your Employer may however prohibit you from charging a


fee for a notarial act that you perform within the scope of
their employment. 240.100 6.

Do I have to declare that I am a notary if a person off the street


asks, “Where can I find a notary?”

No. A Notary Public may, during normal business hours,


perform notarial acts in lawful transactions for a person
who requests the act and tenders the appropriate fee.

If I leave a job and that employer paid for my becoming a


notary, am I no longer a notary?

Your appointment as a Notary Public is not connected to


your employer. Your former employer may cancel your
bond if they purchased it, and you are required to hold a
bond to be in good standing. Even if your employer paid,
please do not leave your Stamp or Journal with your
employer. The Stamp, Journal, and Certificate of
Appointment are the property of the Notary Public.

Is a Notary Public also a Witness?

The principal signer may request to enact an instrument


with the presence of “witnesses”. A notary cannot serve as
both a “witness” and the Notary Public on the same
document because a Notarial Officer is restricted from
being named within the instrument.

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State of Nevada Notary Public Handbook
Electronic Notarization Enabling Act

What is an electronic notarial act?

As defined in NRS Chapter 240, an electronic notarial act is


any act that an electronic Notary Public of this state is
authorized to perform (including taking an acknowledgment
or executing a jurat) that is performed using electronic tools
or over the internet via digital tools and audio-video
communication.

Who can perform electronic notarial acts?

A Notary Public who has registered with an approved


platform provider(s) with the Secretary of State's office may
complete Notarial Acts by electronic means through the
approved platform(s). registered.

Will I be issued a separate commission number for my


electronic notary registration?

No. To register an electronic platform provider is an


enhancement to your commission. Your commission is still
the same and you are still required to comply with the same
requirements

What is a digital certificate and why do I need one to perform


electronic notarial acts?

A digital certificate, or a digital signature, is how you will sign


an electronic document. Your digital certificate is to the
document in a way which makes the electronic file tamper
evident. It is not just an image of your signature or stamp.

Your solution provider will direct you in how to obtain a


digital certificate from a third-party or directly through
them.
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State of Nevada Notary Public Handbook
Can I register as an electronic Notary Public only?

No. You are appointed as Notary Public. You can register a


platform provider only if you have an active commission in
good standing.

When my traditional Notary Public commission expires, what


happens to my electronic Notary Public registration?

It expires with your commission. A Notary Public’s


commission and all electronic notary registration under that
commission run concurrently.

Do I need to purchase another bond to become an electronic


Notary Public?

No. The bond filed and submitted for your notary


commission will cover all notarial acts performed through
your commission, be they in-person or by audio-visual
communication using an approved platform.

Can I use a paper journal to record an electronic notarial act?

No. You will also need to store the audio-video recording.

How long do I need to keep my electronic journal and the


recordings from the audio-video electronic notarizations?

Your electronic journal must be kept by you, the Notary


Public for a period of seven years after the termination of
the registration of the electronic Notary Public.

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State of Nevada Notary Public Handbook

A Message from the Notary Division

Please do not notarize a signature if the signer does not


personally appear before you.

A notarial appointment is not to be taken lightly. A Notary


Public’s appointment may be suspended or revoked for
misconduct or failure to comply with statutory requirements.
If found in Violation of Statute, you may be liable for a civil
penalty. And, an unlawful act, as a Notary Public, will result in
a gross misdemeanor.

If you have any questions, our staff is always available to


answer your questions.

The Office of the Secretary of State

NOTARY DIVISION
202 North Carson Street

Carson City, Nevada 89710

by e-mail to: [email protected]

by phone to: (775) 684-5708

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