Nevada Administrative Code Chapter 240 - Notaries Public
Nevada Administrative Code (NAC)
Chapter 240 — Notaries Public
Overview:
Chapter 240 governs the commission, duties, powers, and conduct of notaries public in Nevada. The rules ensure that notaries perform their responsibilities ethically, accurately, and in compliance with state law, thereby protecting the integrity of legal documents and transactions.
1. Definitions and General Provisions (NAC 240.010 – NAC 240.040)
Key points:
Defines terms such as “notary public,” “acknowledgment,” “jurat,” “commission,” and “official acts.”
Clarifies the role of the Secretary of State in commissioning and regulating notaries.
Establishes general rules for commission duration, renewal, and eligibility.
Why it matters:
Clear definitions prevent misunderstandings about who qualifies as a notary and what constitutes notarial acts, ensuring legal compliance.
2. Eligibility and Commissioning (NAC 240.050 – NAC 240.100)
Key points:
Applicants must be residents of Nevada or have a principal place of business in Nevada, be at least 18 years old, and not have certain criminal convictions.
Must submit an application, pay a fee, and obtain a surety bond as required by law.
The Secretary of State issues a commission certificate and official seal.
Commission terms are typically four years, with renewal required before expiration.
Why it matters:
Eligibility and commissioning rules ensure that only qualified, responsible individuals can serve as notaries, protecting public trust.
3. Oath of Office and Bonding (NAC 240.110 – NAC 240.140)
Key points:
Notaries must take an oath of office pledging to faithfully perform duties.
Must obtain a surety bond to protect the public against improper acts or errors.
Bond amounts are set by law and must be filed with the county or Secretary of State.
Bond and oath are prerequisites for officially performing notarial acts.
Why it matters:
Oath and bonding provide legal accountability and financial protection for members of the public relying on notarial acts.
4. Powers and Duties (NAC 240.150 – NAC 240.210)
Key points:
Notaries may perform acknowledgments, jurats, oaths, affirmations, and copy certifications.
Must verify the identity of signers using satisfactory evidence (government-issued ID, personal knowledge, or credible witnesses).
Must ensure signers are acting voluntarily and are competent.
Notaries cannot practice law, give legal advice, or prepare legal documents outside the scope of notarization.
Why it matters:
These rules define what a notary can and cannot do, protecting the integrity of notarized documents and preventing unauthorized legal practice.
5. Notarial Procedures (NAC 240.220 – NAC 240.260)
Key points:
Specifies proper acknowledgment wording, jurat wording, and official certificate formatting.
Requires timely recording of notarial acts in a journal, including date, type of act, signer's name, and method of identity verification.
Provides guidance on notarizing electronic documents and digital signatures.
Notaries must refuse notarization if requirements are not met, such as signer incapacity or lack of proper identification.
Why it matters:
Following proper procedures ensures that notarial acts are legally valid and defensible, reducing risk of fraud or disputes.
6. Recordkeeping and Journals (NAC 240.270 – NAC 240.300)
Key points:
Notaries must maintain a bound journal or electronic record of all notarial acts.
Journals must include date, type of act, signer's identity, and fees charged.
Records must be retained for a specified period (typically 5–10 years).
Journals may be examined by the Secretary of State during audits or investigations.
Why it matters:
Accurate recordkeeping provides evidence of lawful acts, helps resolve disputes, and ensures accountability.
7. Fees and Compensation (NAC 240.310 – NAC 240.340)
Key points:
Notaries may charge fees for services, but maximum fees are capped by statute.
Fees must be clearly communicated to the signer before the act is performed.
Notaries may not accept unlawful or excessive compensation, and cannot charge for acts they are prohibited from performing.
Why it matters:
Fee rules prevent overcharging and maintain public confidence in the accessibility of notarial services.
8. Suspension, Revocation, and Discipline (NAC 240.350 – NAC 240.390)
Key points:
Violations of NAC 240 or state law may lead to suspension or revocation of a commission.
Misconduct includes fraudulent notarization, failure to keep records, unauthorized legal practice, or improper fees.
The Secretary of State investigates complaints and may issue fines or administrative penalties.
Notaries have a right to appeal disciplinary actions through a formal process.
Why it matters:
Disciplinary rules protect the public by ensuring ethical, competent, and accountable notarial services.
✅ Summary of Key Rule Areas
| Rule Area | Main Purpose | Example “Case” |
|---|---|---|
| Definitions & General Provisions | Clarify roles and terms | “Notary public,” “acknowledgment” |
| Eligibility & Commissioning | Ensure qualified notaries | Application, bond, certificate issuance |
| Oath & Bonding | Legal accountability | Filing surety bond, taking oath |
| Powers & Duties | Define scope of authority | Performing acknowledgments, jurats, oaths |
| Notarial Procedures | Standardize notarization | Verification of identity, formatting certificates |
| Recordkeeping & Journals | Maintain evidence | Journals with date, signers, type of act |
| Fees & Compensation | Regulate charges | Maximum fees, clear disclosure |
| Suspension & Discipline | Enforce compliance | Misconduct, revocation, appeals |
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