eNotary and Electronic Notarization
Electronic notarization is a separate authority
A Nevada notary commission does not automatically authorize electronic notarization. The notary must register as an electronic notary with the Secretary of State and use technology approved for electronic notarial acts. The notary's electronic signature and seal must be unique, under the notary's sole control, and capable of verification. The notary must keep an electronic journal of each act and provide a certificate that indicates the act was performed electronically.
Core requirements
- Verify identity using the same standards as a paper act: personal knowledge or satisfactory evidence.
- Apply the electronic seal and signature only after the signer appears and the act is completed.
- Use a digital certificate or credential that is current and not shared.
- Retain the electronic journal in a tamper-evident form for the required period.
- If the act is performed remotely, follow the Secretary of State's additional requirements for audio-video presence, identity proofing, and recording or retention.
Worked example
A commissioned notary signs up with a web platform and notarizes a contract electronically without registering as an eNotary. The signer appears on video and signs. The act is invalid as an electronic notarization because the notary lacked eNotary registration and used an unapproved process. The notary must complete the state registration and use approved technology before performing electronic acts.
Traps that cost marks
- Assuming a paper commission covers eNotary acts.
- Using a vendor because it produces a PDF stamp without checking state approval.
- Letting an employer or IT provider control the notary's electronic signature.
- Skipping the electronic journal because the platform keeps its own audit log.
- Treating remote online notarization as automatically permitted under the general eNotary registration.