Notary Duties and Responsibilities
Scope of the office
A Nevada notary public is appointed by the Secretary of State for a four-year term. Before performing any notarial act, the notary must file a $5,000 surety bond and take the oath of office. The commission is personal: it does not transfer to an employer, and it does not authorize the notary to practice law.
Core duties
- Personal appearance and identity. The signer must appear before the notary. The notary verifies identity by personal knowledge or satisfactory evidence, typically a current government-issued photo ID.
- Official act and record. The notary completes the certificate, signs it, and applies the official seal. The notary also records the act in a journal, including date, act type, signer, identification, and fee.
- Impartiality and scope. The notary may not notarize a document in which the notary is a party or has a beneficial interest. The notary may explain what a certificate means but may not select documents, advise on legal effect, or draft legal language.
- Commission maintenance. The notary must keep the seal secure, notify the Secretary of State of address changes, and stop notarizing when the commission expires or is suspended.
Worked example
A notary is asked to notarize a deed transferring a rental house the notary owns. The signer appears with valid ID and signs in the notary's presence. The notary should refuse. Personal appearance and ID are satisfied, but the notary has a beneficial interest in the transaction. The conflict disqualifies the notary; another notary must act.
Traps that cost marks
Do not confuse "the signer is known to me" with "the signer appeared before me." Do not assume an employer's notary can notarize for customers without the employee-notary being present. Do not skip the journal because the certificate is complete. Do not keep using a seal after the commission lapses.