href="https://plus.google.com/112078465950601444242/posts?rel=author"> NV Assembly Bill 476 | NNA

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Law

NV Assembly Bill 476

Notary Law Update: NV Assembly Bill 476

State: Nevada

Summary:

Assembly Bill 476 makes several changes to Nevada's electronic notarization statutes.

Signed:  May 08, 2017

Effective:  July 01, 2017

Chapter: 15

Affects:

Amends Sections 240.020, 240.033, 240.185, 240.196 and 204.205 and repeals section 240.193 of the Nevada Revised Statutes.

Changes:
  1. Clarifies that an appointment as an electronic Notary does not authorize the electronic Notary to perform notarial acts in another state.
  2. Authorizes an electronic Notary to certify a true and correct copy.
  3. Requires that the bond filed by an electronic Notary to provide indemnification to a person determined to have suffered damage as a result of the electronic Notary ’s violation of the statutes governing electronic Notaries, in addition to those statutes governing Notaries generally.
  4. Requires a request for authentication of an electronic notarial act to include a statement signed under penalty of perjury that the document will not be used to (1) harass a person; or (2) accomplish any fraudulent, criminal or other unlawful purpose.
  5. Prohibits the bringing of a civil action against the Secretary of State on the basis that (1) the Secretary of State has issued such an authentication; and (2) the document has been used to harass a person or accomplish any fraudulent, criminal or unlawful purpose.
  6. Provides that a person who uses a document for which an authentication has been issued for an unlawful purpose is guilty of a category C felony.
Analysis:

Assembly Bill 476 changes Nevada's Electronic Notarization Authentication Act in several respects. Now, a commission as an electronic Notary does not authorize the electronic Notary to perform notarial acts in other states, no doubt a reaction to the Virginia law allowing electronic Notaries to notarize anywhere in the world. The bond of a Notary must indemnify persons for electronic notarial acts in addition to regular notarial acts. Sureties may be required to revise their existing bond forms to accommodate this change. AB 476 also contains reforms related to requests for and the issuance of authentications and apostilles.

Note: After AB 476 was enacted, AB 413 amended Sections 4, 5, 6, 8, and 9 by deleting them. This New Law Update has been revised to reflect these later amendments.

Read the bill text.

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