What is an electronic notarial act?

As defined in the notary statutes, an electronic notarial act is any act that an electronic notary public of this state is authorized to perform, including taking an acknowledgment, executing a jurat or certifying a copy that is performed using electronic tools or over the internet via digital tools.

What is a remote online notarial act?

As defined in the notary statutes, an electronic notarial act is any act that an electronic notary public of this state is authorized to perform, including taking an acknowledgment, executing a jurat or certifying a copy that is performed using electronic tools or over the internet via digital tools and a live audio-video call.

Who can perform electronic notarial acts?

A notary public registered with the Secretary of State's office who has also completed the requirements of being an eNotary. The requirements of becoming an eNotary is an active traditional notary who also completes the electronic notary training course and exam, submitting payment for the training, submitting a registration fee and providing an electronic exemplar from an approved platform. 

Will I be issued a new commission number for my electronic notary registration?

No. You are already commissioned a traditional notary. That commission number does not change. You register as an electronic notary public which is an enhancement to your traditional commission.

Can I register as an electronic notary public only?

No. You must have a traditional notary commission to register as an electronic notary public.

When my traditional notary public commission expires, what happens to my electronic notary public registration?

It expires at the same time. The traditional notary commission and electronic notary registration run concurrently.

Do I need to purchase another bond to become an electronic notary public?

No. The bond that was filed with your county of residence for your traditional notary commission will also cover electronic notarial acts.

What is the difference between an electronic notarial act performed in-person and an electronic notarial act performed by means of audio-video communication?

The in-person electronic notarial act is the exact same process as used in the performance of a traditional notary "paper" transaction. The only difference between the two acts, is that the tools used to  accomplish the transaction--the journal, seal and signature of the notary are electronic.

The notary must still identify the principal through personal knowledge, oath of credible witness or an acceptable identifying document and record that identification process in their electronic journal.

If the notary is performing an electronic notarial act by means of audio-video communication (also known as remote, online, internet or webcam notarization) there are other criteria and statutory requirements that must be met. For instance, one requirement is that the recording of the notarial act performed by means of audio-video communication must be transacted in real time with an uninterrupted simultaneous audio-video feed.

To become familiar with the other statutory requirements for this type of electronic notarial act review the Electronic Notary Public Authorization Act - NRS 240.181 -240.206. and  NV Administrative Code Chapter 240.

Will I need to subscribe to or purchase technology to perform electronic notarial acts?

Yes. For a list of state-approved electronic notary solution providers click here: Electronic Notary Solution Providers.

Do travel fees outlined in statute apply to electronic notarial acts?

Yes. For in-person electronic notarial acts only, and only if there is travel involved and the fees are agreed upon in advance. Electronic notarial acts performed by means of audio-video communication do not require travel.

What is a digital certificate and why do I need one to perform electronic notarial acts?

A digital certificate also known as an exemplar or digital signature is the means by which you will sign the document. The digital certificate then attaches to the document in a manner in which the document becomes tamper evident (i.e. any subsequent changes to the document becomes apparent).

The electronic notary solution provider that you choose will direct you in how to obtain a digital certificate for their platform.

What are the requirements for the electronic journal?

 Pursuant to NRS 240.201 an electronic notary public who performs electronic notarial acts shall:

• Describe each electronic notarial act in the electronic journal and specify whether the electronic notarial act was performed using audio-video communication;

• Maintain and protect the electronic journal at all times under his or her sole control; and provide for lawful inspection and copying of the electronic journal.

• An electronic notary public may maintain more than one electronic journal to record electronic notarial acts.

• The fact that the employer or contractor of an electronic notary public keeps a record of electronic notarial acts does not relieve the electronic notary public of the duties required by this section.

 An electronic journal must:

•  Enable access by a password or other secure means of authentication; and

• Be capable of providing tangible or electronic copies of any entry made therein.

The Secretary of State may suspend the registration of an electronic notary public who fails to produce any electronic journal entry within 10 days after receipt of a request from the Secretary of State.

Can I use a paper journal to record an electronic notarial act?

No.

How long do I need to keep my electronic journal, the recordings from the audio-video electronic notarizations and/or other notarial records?

Pursuant to NRS 240.201: Upon surrender, revocation or expiration of a registration as an electronic notary public, all notarial records required pursuant to NRS 240.001 to 240.206, inclusive, must, except as otherwise provided by law, be kept by the electronic notary public for a period of 7 years after the termination of the registration of the electronic notary public.

What are the requirements for the use of audio-video communication to perform electronic notarial acts?

Pursuant to NRS 240.1993: An electronic notary public may perform an electronic notarial act using audio-video communication in accordance with NRS 240.181 to 240.206, inclusive, and any rules or regulations adopted by the Secretary of State for a person who is physically located:

      (a) In this State;

      (b) Outside this State but within the United States; or

      (c) Outside the United States if:

             (1) The electronic notary public has no actual knowledge of the electronic notarial act being prohibited in the jurisdiction in which the person is physically located; and

             (2) The person placing his or her electronic signature on the electronic document confirms to the electronic notary public that the requested electronic notarial act and the electronic document:

                   (I) Are part of or pertain to a matter that is to be filed with or is currently before a court, governmental entity or other entity in the United States;

                   (II) Relate to property located in the United States; or

                   (III) Relate to a transaction substantially connected to the United States.

An electronic notary public who is registered with the Secretary of State pursuant to NRS 240.192 may perform an electronic notarial act using audio-video communication in accordance with NRS 240.181 to 240.206, inclusive, and any rules or regulations adopted by the Secretary of State if the electronic notary public is physically present in this State at the time of performing the electronic notarial act, regardless of whether the person who placed the electronic signature on the electronic document is physically located in another jurisdiction at the time of the electronic notarial act. The validity of the notarial act will be determined by applying the laws of this State.

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