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NEVADA STATUTES AND CODES

240.198 - Notarization of signature of person not in presence of notary public unlawful; penalty; notarization of certain electronic documents prohibited; powers limited to areas within this State.

240.198  Notarization of signature of person not in presence of notary public unlawful; penalty; notarization of certain electronic documents prohibited; powers limited to areas within this State.

      1.  An electronic notary public shall not willfully electronically notarize the signature or electronic signature of a person unless the person is in the presence of the electronic notary public at the time of notarization and:

      (a) Is known to the electronic notary public; or

      (b) If unknown to the electronic notary public, provides a credible witness or documentary evidence of identification to the electronic notary public.

      2.  A person who:

      (a) Violates the provisions of subsection 1; or

      (b) Aids and abets an electronic notary public to commit a violation of subsection 1,

Ê is guilty of a gross misdemeanor.

      3.  An electronic notary public shall not electronically notarize any electronic document related to the following:

      (a) A will, codicil or testamentary trust; and

      (b) Any transaction governed by the Uniform Commercial Code other than NRS 104.1306, 104.2101 to 104.2725, inclusive, and 104A.2101 to 104A.2532, inclusive.

      4.  An appointment as an electronic notary public pursuant to NRS 240.181 to 240.206, inclusive, does not authorize the electronic notary public to perform notarial acts in another state.

      (Added to NRS by 2009, 3023)

     

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