1. The Secretary of State may appoint notaries public in this State.
2. The Secretary of State shall not appoint as a notary public a person:
(a) Who submits an application containing a substantial and material misstatement or omission of fact.
(b) Whose previous appointment as a notary public in this State or another state has been revoked for cause.
(c) Who, except as otherwise provided in subsection 3, has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to:
(1) A crime involving moral turpitude; or
(2) Burglary, conversion, embezzlement, extortion, forgery, fraud, identity theft, larceny, obtaining money under false pretenses, robbery or any other crime involving misappropriation of the identity or property of another person or entity,
if the Secretary of State is aware of such a conviction or plea before the Secretary of State makes the appointment.
(d) Against whom a complaint that alleges a violation of a provision of this chapter is pending.
(e) Who has not submitted to the Secretary of State proof satisfactory to the Secretary of State that the person has enrolled in and successfully completed a course of study provided pursuant to NRS 240.018.
3. A person who has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a crime involving moral turpitude may apply for appointment as a notary public if the person provides proof satisfactory to the Secretary of State that:
(a) More than 10 years have elapsed since the date of the person’s release from confinement or the expiration of the period of his or her parole, probation or sentence, whichever is later;
(b) The person has made complete restitution for his or her crime involving moral turpitude, if applicable;
(c) The person possesses his or her civil rights; and
(d) The crime for which the person was convicted or entered a plea is not one of the crimes enumerated in subparagraph (2) of paragraph (c) of subsection 2.
4. A notary public may cancel his or her appointment by submitting a written notice to the Secretary of State.
5. It is unlawful for a person to:
(a) Represent himself or herself as a notary public appointed pursuant to this section if the person has not received a certificate of appointment from the Secretary of State pursuant to this chapter, or if his or her appointment is expired, revoked or suspended or is otherwise not in good standing.
(b) Submit an application for appointment as a notary public that contains a substantial and material misstatement or omission of fact.
(c) Violate any provision of this chapter, including, without limitation, the provisions of NRS 240.085.
6. Any person who violates a provision of paragraph (a) of subsection 5 is liable for a civil penalty of not more than $2,000 for each violation, plus reasonable attorney’s fees and costs.
7. Any person who is aware of a violation of this chapter by a notary public or a person applying for appointment as a notary public 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.
8. The Secretary of State may request that the Attorney General bring an action to enjoin any violation of paragraph (a) of subsection 5 and recover any penalties, attorney’s fees and costs.
[1:22:1907; RL § 2762; NCL § 4732] + [Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL § 4765] + [4:22:1907; added 1913, 31; 1919 RL § 2764; NCL § 4735]—(NRS A 1959, 220; 1975, 1519; 1979, 24; 1995, 190; 1997, 930; 2005, 2275; 2007, 1097; 2009, 3027; 2015, 928, 2615)
Structure Nevada Revised Statutes
Chapter 240 - Notaries Public and Commissioned Abstracters
NRS 240.002 - "Acknowledgment" defined.
NRS 240.0025 - "Credible witness" defined.
NRS 240.0028 - "Domestic partners" defined.
NRS 240.003 - "In a representative capacity" defined.
NRS 240.0035 - "Jurat" defined.
NRS 240.004 - "Notarial act" defined.
NRS 240.005 - "Notarial officer" defined.
NRS 240.0055 - "Notarial record" defined.
NRS 240.0063 - "Notary public" defined.
NRS 240.0065 - "Person" defined.
NRS 240.0067 - "State" defined.
NRS 240.015 - General qualifications; conditions for appointment of resident of adjoining state.
NRS 240.017 - Regulations of Secretary of State.
NRS 240.020 - Powers limited to areas within this State; term of office.
NRS 240.031 - Annual submission of copy of business license by resident of adjoining state.
NRS 240.045 - Replacement of lost or inoperable stamp; prerequisite to production of stamp.
NRS 240.051 - Actions required upon resignation or death of notary public.
NRS 240.060 - Powers of notary public.
NRS 240.061 - Performance of authorized notarial acts; restricted notarial acts.
NRS 240.062 - Personal knowledge of identity.
NRS 240.065 - Restrictions on powers of notary public; exceptions.
NRS 240.075 - Prohibited acts.
NRS 240.110 - Posting of table of fees.
NRS 240.130 - Only authorized fees to be charged.
NRS 240.143 - Unlawful possession of certain personal property of notary public.
NRS 240.145 - Unlawful reproduction or use of completed notarial certificate; penalty.
NRS 240.147 - Unlawful destruction, defacement or concealment of notarial record.
NRS 240.161 - Short title; uniformity of application and construction.
NRS 240.1635 - Notarial acts in this State.
NRS 240.164 - Notarial acts in other jurisdictions of United States.
NRS 240.1645 - Notarial acts under federal authority.
NRS 240.165 - Foreign notarial acts.
NRS 240.166 - Short form for acknowledgment in individual capacity.
NRS 240.1663 - Short form for administering oath or affirmation of office.
NRS 240.1665 - Short form for acknowledgment in representative capacity.
NRS 240.1667 - Short form for acknowledgment containing power of attorney.
NRS 240.167 - Short form for execution of jurat.
NRS 240.168 - Short form for certifying copy of document.
NRS 240.1685 - Short form for jurat of subscribing witness.
NRS 240.169 - Short form for acknowledgment of credible witness.
NRS 240.175 - Criminal penalties.
NRS 240.1821 - "Audio-video communication" defined.
NRS 240.1823 - "Credential" defined.
NRS 240.1825 - "Dynamic knowledge-based authentication assessment" defined.
NRS 240.183 - "Electronic" defined.
NRS 240.184 - "Electronic document" defined.
NRS 240.185 - "Electronic notarial act" defined.
NRS 240.186 - "Electronic notary public" defined.
NRS 240.187 - "Electronic seal" defined.
NRS 240.188 - "Electronic signature" defined.
NRS 240.1882 - "In the presence of" or "appear before" defined.
NRS 240.191 - Unlawful acts; injunctive relief.
NRS 240.192 - Registration; oath and bond; fee; electronic notary public.
NRS 240.1943 - Course of study for registration.
NRS 240.196 - Powers of electronic notary public.
NRS 240.199 - Evidence of electronic notarial act; electronic document to be tamper-evident.
NRS 240.19902 - Short form for certifying copy of electronic document.
NRS 240.1991 - Requirements for use of audio-video communication: Technology.
NRS 240.1993 - Requirements for use of audio-video communication: Location.
NRS 240.1997 - Electronic notarial acts using audio-video communication: Confirmation of identity.
NRS 240.1999 - Recording certain electronic documents relating to real property.
NRS 240.240 - Creation of office.
NRS 240.250 - Appointment and commission.
NRS 240.270 - Fee for commission; oath and bond.
NRS 240.290 - Acts may be performed anywhere in State.