AffectsCreates two new sections (yet to be numbered) of NRS Chapter 240; amends NRS 240.001, 240.007, 240.010, 240.033, 240.161, and 240.165
AnalysisSenate Bill 453 – the fourth legislative enactment affecting Nevada Notaries in 2005 – adds new misconduct and authentication provisions. A common thread running through the new changes is prevention of fraud. The prohibition against willfully notarizing the signature of a person not present before or not identified by Notary is commendable, but it may be at odds with NRS 240.163, for it omits that a Notary could use a credible witness to establish the identity of the unknown signer.
The new authentication provisions are meant to thwart the use of notarized documents containing the official imprimatur of the Secretary of State for illegal use. Interestingly, Nevada holds that for a document to be eligible for authentication, it must have been notarized by a duly appointed Notary AND must have been notarized correctly, a position not universally held.
Read the bill text.