NV Senate Bill 401 | NNA
Law

NV Senate Bill 401

Notary Law Update: NV Senate Bill 401

State: Nevada

Summary:

Senate Bill 401 adds additional advertising restrictions for Notaries who are not attorneys and for document preparation service registrants (who are often also Notaries), requires applicants for a Notary commission or registration as a document preparation service provider to make an additional declaration when applying for a Notary commission or registration as a document preparation service provider, and clarifies that any consumer member of the public may file a complaint against Notaries or document preparation service providers who violate the laws applicable to Notaries and document preparation service providers.

Signed:  June 09, 2015

Effective:  June 09, 2015

Chapter: 449

Affects:

Amends Sections 240.010, 240.030, 240.085, 240A.100, 240A.240, 240A.240, and 240A.260 of the Nevada Revised Statutes.

Changes:
  1. Prohibits Notaries who are not attorneys from using of the term "licenciado" or any other equivalent non-English term in any form of communication that advertises his or her services as a Notary, including, without limitation, a business card, stationery, notice and sign. (Note: this provision takes effect October 1, 2015).
  2. Prohibits a registrant performing document preparation services from using the terms "notario," "notario publico," and "licenciado" or similar term in English, Spanish or any other language which would imply the registrant offers services without charge if the registrant does not do so or is not an attorney authorized to practice law in Nevada. (Note: This provision takes effect October 1, 2015).
  3. Provides it is unlawful for a person to violate any provision of Chapter 240, NRS, including, without limitation, the provisions of NRS 240.085.
  4. Provides that any person who is aware of a violation of Chapter 240, NRS, by a Notary or a person applying for appointment as a Notary, or a violation of Chapter 240A, NRS, by a document preparation services registrant or a person applying for registration as a document preparation services, may file a complaint with the Secretary of State setting forth the details of the violation that are known by the person who is filing the complaint. 
  5. Requires an applicant for a Notary commission and a registrant for a license to perform document preparation services to submit to the Secretary of State a declaration under penalty of perjury stating that the person has not had an appointment as a Notary (or registration to perform document preparation services) revoked or suspended in Nevada or any other state or territory of the United States.
Analysis:

Senate Bill 401 authorizes any person who is aware of a violation of existing law governing Notaries and document preparation services to file a complaint with the Secretary of State. SB 401 also requires an applicant for appointment as a Notary or registration as a document preparation service to provide with his or her application a declaration under penalty of perjury stating that the applicant has never had an appointment as a Notary public, or certificate or license as a document preparation service, as applicable, revoked or suspended in Nevada or any other state or territory. SB 401 adds the term “licenciado” to the list of terms prohibited to be used in an advertisement if a Notary is not also an attorney licensed in Nevada, and similarly prohibits document preparation services from using terms that may mislead a consumer into believing that a document preparation service is a licensed attorney, if such is not the case. 

Read the bill text.

Knowledge Center