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National Notary Association

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NV Assembly Bill 72

Legislation

State: Nevada
Signed: May 28, 2025

Effective: January 01, 2026
Chapter: 68

Summary

Assembly Bill 72 authorizes the Nevada Secretary of State to establish a code of professional responsibility for Notaries and refuse to perform a notarial act under certain circumstances, as specified.

Affects

Amends Sections 240.017, 240.075, 240.150, and 240.1993 of the Nevada Revised Statutes.

Changes
  1. Authorizes the Secretary of State by regulations to establish a code of professional responsibility for Notaries Public.
  2. Authorizes a notarial officer to refuse to perform a notarial act if the officer is not satisfied that: (a) The person executing the record is competent or has the capacity to execute the record; or (b) The person’s signature is knowingly and voluntarily made.
  3. Authorizes a notarial officer to refuse to perform a notarial act unless a refusal to perform the notarial act is otherwise prohibited by law.
  4. Defines “competent” to mean the principal reasonably appears in possession of the mental capacity to understand the nature and consequences of the notarial act.
  5. Clarifies that for any willful violation or neglect of duty or violation of any regulation adopted by the Secretary of State, administrative action may be taken against the commission of the Notary as described in NRS 240.150.4.
  6. Clarifies that an Electronic Notary Public shall not (previously may not) perform an electronic notarial act using audio-video communication unless the Electronic Notary is physically present in Nevada at the time of the notarial act.
Analysis

Assembly Bill enacts a provision not seen in any other state’s Notary statutes: It authorizes the Secretary of State to establish a code of professional responsibility for Notaries Public. It will be interesting to see what the Nevada Secretary of State has in mind. The NNA has its own Notary Public Code of Professional Responsibility, but we have not had any discussions with the Secretary of State’s office about adopting the Code for their purposes. AB 72 also enacts a provision from the Revised Uniform Law on Notarial Acts that the NNA worked with the title insurance industry in Nevada on to authorize Notaries to refuse to perform a notarial act under certain conditions as specified in the bill.

Read Assembly Bill 72.

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