NV Administrative Regulation R116-13 | NNA

NV Administrative Regulation R116-13

Notary Law Update: NV Administrative Regulation R116-13

State: Nevada

Summary:

Administrative Regulation R116-13 touches on various matters related to Notary practice. A Notary may note that a signer was “personally known” in the journal if the Notary has personal knowledge of the signer. The regulation explains how the Secretary of State will interpret the phrase “secure location” in the statute related to storing a Notary’s stamp and journal and how the Secretary will deem a document that requires the signer to provide information within blank spaces to be filled out. The regulation provides rules for fingerprinting of Notary Public commission applicants and authorizes a fee to be charged for fingerprinting. The regulation provides rules for notarizing the signature of a person unable to sign and provides the wording for a certificate of acknowledgment to be used in the circumstance. The regulation provides rules for a Notary charging a fee to perform marriages. Finally, the regulation repeals rules related to certified court reporters.

Signed:  March 28, 2014

Effective:  March 28, 2014

Chapter: N/A

Affects:

Adds an as yet uncodified new sections to Chapter 240 of the Nevada Administrative Code

Changes:
  1. Provides that Notary may note that a signer was “personally known” in the Notary’s journal if the Notary has personal knowledge of the signer.
  2. Clarifies that the Secretary of State will interpret the phrase “secure location” related to storing a Notary’s stamp and journal to include, without limitation: (a) in the sole possession of the Notary; or (b) a locked location over which the Notary has sole control.
  3. Provides for the purposes of NRS 240.075(9), the Secretary will deem a document that requires the signer to provide information within blank spaces to be filled out completely if the signer: (a) provides information to complete each blank space; or (b) designates a blank space as not applicable or draws a line through the blank space if information to complete the blank space is not available.
  4. Provides that if a document contains any blank signature line that is designated for an additional signer but the remainder of the document, exclusive of any such blank signature line, satisfies the requirements of #3 above, the Secretary will deem the document to be filled out completely if it is clear that the notarization does not apply to any such blank signature line.
  5. Provides that an applicant for a Notary commission must submit a complete set of fingerprints and written permission authorizing the Secretary to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report and authorizes the Secretary to charge a fee in an amount equal to the sum of the amounts charged for processing the fingerprints.
  6. Requires a person who is physically unable to sign a document and directs a person other than a notarial officer to sign the person’s name on the document pursuant to NRS 240.1655 and the third party directed to sign the individual’s name to appear before the notarial officer at the time the document is signed.
  7. Provides the wording for the certificate of acknowledgment that is sufficient for a notarial officer notarizing the signature of a person unable to sign who directs a third party to sign.
  8. Provides that a Notary may only charge the fee set forth in NRS 240.100 for performing a marriage ceremony if the Notary possesses a valid certificate to perform marriages pursuant to NRS 122.064.
  9. Clarifies that a Notary who charges a fee for performing a marriage and does not have a valid certificate to perform marriages issued to the Notary may have his or her appointment as a Notary suspended or revoked by the Secretary in accordance with NRS 240.150.
  10. Repeals prior administrative regulation related to certified court reporters having limited notarial powers.
Analysis:
The Nevada Revised Statutes give the Secretary of State authority to adopt regulations related to the appointment of Notaries Public (NRS 240.017). In 2011, legislation was enacted to require Notaries to submit fingerprints when qualifying for a commission, if the Secretary required them. With the new regulations effective March 28, 2014, the Secretary will be requiring fingerprints to be submitted. This new regulation also touches on various matters related to Notary practice. A Notary may note that a signer was “personally known” in the journal if the Notary has personal knowledge of the signer. The regulation explains how the Secretary of State will interpret the phrase “secure location” in the statute related to storing a Notary’s stamp and journal and how the Secretary will deem a document that requires the signer to provide information within blank spaces to be filled out. These interpretations will guide the Secretary in investigations and proceedings against Notaries who violate these provisions. The regulation provides rules for notarizing the signature of a person unable to sign – namely, that both the person who cannot sign and the third party signing for the person must be physically present before the Notary or notarial officer at the time the signature is made by the third party – and provides the wording for a certificate of acknowledgment to be used in the circumstance. The regulation provides rules for a Notary charging a fee to perform marriages, but only if the Notary possesses a valid certificate to perform marriages pursuant to NRS 122.064. Finally, the regulation repeals rules related to certified court reporters.
 

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