Nevada Notary flashcards
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- Commission term
- A Nevada notary commission lasts four years from the date of issuance, and a notary may hold only one commission at a time.
- Journal retention period
- The notarial journal must be retained for at least five years after the last notarial act recorded in it, and it remains the notary's property.
- Journal surrender
- On resignation, removal, or expiration of the commission, the notary must deliver the journal and seal to the Secretary of State when required by law.
- Name change notice
- A notary must notify the Secretary of State of a legal name or address change within 30 days and obtain a replacement commission certificate.
- Statutory notary fee
- Nevada sets a maximum fee per notarial act, commonly up to $15 per act and up to $10 per oath or affirmation; the notary may not charge separately for travel.
- Seal custody
- The notary must keep the official seal and stamp in a safe place and may not allow any other person, including an employer, to use them.
- Refusal to notarize
- A notary may refuse to perform a notarial act if the signer's identity or willingness cannot be established, and refusal is not misconduct.
- Commission eligibility
- An applicant must be at least 18, a Nevada resident or have a principal place of business in Nevada, and complete required training and pass the exam.
- Satisfactory evidence of identity
- Identity is proven by a current government-issued photo ID, or one expired no more than three years, or by the oath of a credible witness known to both parties.
- Acknowledgment defined
- An acknowledgment certifies that the signer personally appeared, was identified, and acknowledged executing the document voluntarily; the signer need not sign in the notary's presence.
- Jurat defined
- A jurat certifies that the signer personally appeared, was identified, signed in the notary's presence, and swore or affirmed the contents are true.
- Signature witnessing
- Signature witnessing certifies personal appearance, identification, and that the signer signed in the notary's presence; the notary does not administer an oath.
- Copy certification
- A copy certification states that the copy is a true, exact, complete, and unaltered copy of the original, which the notary compared to the copy.
- Certificate contents
- The notarial certificate must show the venue (state and county), the date, the notary's signature, the seal imprint, and the commission expiration date.
- Loose certificate
- If the document lacks a complete certificate, the notary may attach a separate certificate of notarial act that identifies the document and the act performed.
- Journal entry elements
- For each act the notary records the date, the signer's name, the ID type and serial number, the act performed, and the fee charged.
- Personal appearance rule
- The signer must physically appear before the notary for a paper notarization; presence by proxy or unverified remote means is prohibited outside the eNotary framework.
- Prohibited: false documents
- A notary may not notarize a signature without the signer's appearance or notarize a document the notary knows is false, forged, or fraudulent.
- Prohibited: self-notarization
- A notary may not notarize a document in which the notary is a signer, a party, or has a direct beneficial or financial interest.
- Prohibited: advertising misuse
- A notary may not use the commission to advertise or promote a business or imply official endorsement, legal authority, or government affiliation.
- Prohibited: fee overcharge
- A notary may not charge more than the statutory fee, demand separate travel compensation, or condition the act on the purchase of another product or service.
- Prohibited: seal sharing
- A notary may not allow another person to use the notary's seal or stamp, and may not use a seal missing required elements such as name, commission number, or expiration date.
- Prohibited: journal disclosure
- A notary may not disclose journal contents or act details except as required by law, court order, or a request from the Secretary of State.
- Secretary of State sanctions
- The Secretary of State may deny, suspend, revoke, or refuse to renew a commission and may impose a civil penalty for statutory violations.
- Criminal exposure
- False certification, forgery, and fraudulent notarization may be prosecuted as crimes, and the notary may owe civil damages to a person harmed.
- Restitution and reporting
- A notary who violates the statutes may be required to pay restitution and may be reported to the Secretary of State; a knowing violation can end the commission permanently.
- eNotary registration
- An eNotary is a commissioned Nevada notary who has registered with the Secretary of State and uses an approved electronic notarization system.
- Electronic system requirements
- The system must provide third-party identity proofing, a tamper-evident electronic seal, and an audit trail recording the date, time, and act performed.
- Remote online notarization
- Electronic acts require the signer's physical presence unless conducted under the remote online notarization framework authorized by Nevada law and the Secretary of State.
- Electronic journal retention
- The electronic journal must be kept in a secure, tamper-evident format for at least five years and must be producible on request.
- Electronic seal elements
- The electronic seal must contain the notary's name, commission number, the words 'State of Nevada', and the commission expiration date, attached only to the notarized document.
- eNotary identity proofing
- The notary verifies identity with a government photo ID and, for remote acts, uses knowledge-based authentication or another method required by the Secretary of State.