NRS Chapter 240A governs the registration and conduct of persons who provide document preparation services. A document preparation service is not an attorney and therefore cannot give legal advice and cannot represent a client in a legal matter.  The law provides consumers protections and remedies for violations of conduct by a document preparation service.  

A document preparation service is a person who, for compensation and under the direction of a client, provides assistance in certain legal matters and is required to be registered with the Nevada Secretary of State.

The definition includes, without limitation:

• Preparing or completing any pleading, application or other document for the client; 

• Translating an answer to a question posed in such a document; 

• Securing any supporting document, such as a birth certificate, required in connection with the legal matter; 

• Submitting a completed document on behalf of the client to a court or administrative agency;

• Preparing or assisting in the preparation of all or substantially all of a federal or state tax return or claim for a tax refund, including a tax return preparer who holds a current Annual Filing Season Program Record of Completion issued by the Internal Revenue Service, except an enrolled agent authorized to practice before the Internal Revenue Service is not required to register, unless they also provide other document preparation services that require registration;

• A paralegal who performs one or more of the actions described unless the paralegal works under the direction and supervision of an attorney authorized to practice law in this State;

• A bankruptcy petition preparer as defined by section 110 of the United States Bankruptcy Code, 11 U.S.C. § 110; or

• Any person who holds himself or herself out as a person who provides such services.

What Consumers Can Expect: 

Chapter 240A of the Nevada Revised Statutes and Nevada Administrative Code protects consumers from individuals who would take advantage of customers or clients who need assistance with obtaining, transcribing or translating documents to be filed with a court or administrative agency. RS240A provides consumers that utilize document preparation services protections such as:

• EVIDENCE that a Document Preparation Service is registered in the State of Nevada
• Public posted NOTICES including Certificate of Registration, Business License and Disclosure Notices.
• SURETY BOND that a Registrant must carry to indemnify a client who has suffered damage as a result of an act or omission of the Registrant, or for fraud, dishonesty, negligence or other wrongful conduct of the Registrant, or wrongful failure or refusal by the Registrant to provide services in accordance with the contract.
• DISCLOSURE of specific information such as that the person serving as a document preparation service, *** “I AM NOT AN ATTORNEY IN THE STATE OF NEVADA. I AM NOT AUTHORIZED TO GIVE LEGAL ADVICE OR LEGAL REPRESENTATION. I MAY NOT ACCEPT FEES FOR GIVING LEGAL ADVICE OR LEGAL REPRESENTATION.” ***
• A written CONTRACT in English and if different, the language in which the document preparation service transacts business with the client for the services to be provided. The Contract covers all of the previously mentioned including the explanation of the fees to be charged for services, a receipt for payment and a complaint process for violations.
• A PUBLIC SEARCH FUNCTION available on the Secretary of State’s website, www.nvsos.gov, to verify that a document preparation service is registered with the State of Nevada.