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Law

NV Assembly Bill 65 (2019)

Notary Law Update: NV Assembly Bill 65 (2019)

State: Nevada

Summary:

Assembly Bill 65 makes changes related to applications for registration as an electronic Notary and to the certificate of acknowledgment on a form nominating a guardian.

Signed:  April 22, 2019

Effective:  April 22, 2019

Chapter: 5

Affects:

Amends Sections 159.0754, 240.100, 240.1657, 240.192 and 240.197 of the Nevada Revised Statutes.

Changes:
  1. Eliminates obsolete language that refers to fees a Notary or an electronic Notary may charge to administer an oath or affirmation without a signature.
  2. Clarifies that the Secretary of State must authenticate the signature and office of a notarial officer on a document only intended for use in a foreign country and not on a document intended for use in the United States.
  3. Eliminates the previous requirement that an applicant registering as an electronic Notary must have been a notarial officer in Nevada for at least 4 years.
  4. Authorizes the Secretary of State to establish a process for an applicant to register as an electronic Notary simultaneously when he or she applies for appointment as a Notary Public.
  5. Clarifies that if the Secretary of State establishes a process for an applicant to register as an electronic Notary simultaneously with an application for appointment as a Notary Public, the registration is effective when the individual complies with: (a) The requirements for taking the oath of office and filing the bond under NRS 240.030 and 240.033 and all other requirements in NRS Chapter 240; and (b) The requirements in Chapter 240 related to registering as an electronic Notary.
  6. No longer requires a notarial officer taking the acknowledgment of an individual on a form to nominate an appointed guardian to certify under penalty of perjury in the certificate of acknowledgment that the persons whose names are subscribed to the document appear to be of sound mind and under no duress, fraud or undue influence.
Analysis:

Assembly Bill 65 makes several important changes. One welcome change is that applicants registering to become an electronic Notary no longer must have been a Notary or notarial officer in Nevada for at least 4 years prior to registration. Another key change is the modification of the language for a certificate of acknowledgment on a form nominating a guardian. Under previous law, the Notary or notarial officer reciting facts in the certificate of acknowledgment had to declare under penalty of perjury that the individual who signed the document nominating a guardian appeared to be of sound mind and under no duress, fraud or undue influence.

The bill has a staggered effective date. All provisions of the bill except those in Section 3 (relating to the authorization given to the Secretary of State to establish a process for an applicant to register as an electronic Notary simultaneously with an application for appointment as a Notary Public) take effect immediately. The Section 3 provisions are effective on July 1, 2019 or on the date the Secretary of State has established a process by which an applicant who registers as an electronic Notary may simultaneously apply for appointment as a Notary, whichever is earlier.

Read the bill text.

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