In-Person Paper/Electronic Notarizations
Am I required by law to maintain a notary journal in Nevada?
Yes, a notary public in the State of Nevada must maintain a notary journal.
(NRS 240.120.1)
Journal format
In-person paper notarizations
“The journal must … [b]e in a bound volume with preprinted page numbers” (NRS 240.120.6[b]).
In-person electronic notarizations
"An electronic notary public shall keep an electronic journal of each electronic notarial act which includes, without limitation..." (NRS 240.201)
Journal entry requirements
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“(a) The fees charged, if any;
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(b) The title of the document;
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(c) The date on which the notary public performed the act;
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(d) Except as otherwise provided in subsection 3, the name and signature of the person whose signature is being notarized;
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(e) Subject to the provisions of subsection 4, a description of the evidence used by the notary public to verify the identification of the person whose signature is being notarized;
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(f) An indication of whether the notary public administered an oath; and
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(g) The type of certificate used to evidence the notarial act, as required pursuant to NRS 240.1655” (NRS 240.120.1).
NOTE
"An electronic notary public shall keep an electronic journal of each electronic notarial act which includes, without limitation, the requirements of subsections 1 and 5 of NRS 240.120, but does not include the electronic signatures of the person for whom the electronic notarial act was performed and any witnesses." (NRS 240.201)
Journal retention
7 years
“A notary public shall retain each journal that the notary public has kept pursuant to this section until 7 years after the date on which he or she ceases to be a notary public” (NRS 240.120.9).
What happens to the journal upon resignation or death?
Notify the Secretary of State writing as to the location of the journal if it is within 7 years. After this time frame, your estate may dispose of the journal(s) (Nevada Secretary of State FAQ)
Remote Online Notarizations
Is Remote Online Notarization (RON) approved in the State of Nevada?
Yes, notaries in the State of Nevada are authorized to perform remote online notarizations
Do I have to record the Remote Online Notarization session?
Yes
“An electronic notary public shall arrange for a recording to be made of each electronic notarial act performed using audio-video communication” (NRS 240.1995.1).
What is the retention period for RON recordings?
7 years
"An electronic notary public shall keep a recording made pursuant to this section for a period of not less than 7 years, regardless of whether the electronic notarial act was actually completed." (Added to NRS by 2017, 3446)
Do I have to log RON sessions in a journal?
Yes, Nevada law requires the notary to log the RON session in their journal
For each electronic notarial act performed, an Electronic Notary must create a journal entry that conforms to the requirements of NRS 240.120 (NRS 240.201).
Journal format
Electronic journal required
“An electronic notary public shall keep an electronic journal of each electronic notarial act which includes, without limitation, the requirements of subsections 1 and 5 of NRS 240.120, but does not include the electronic signatures of the person for whom the electronic notarial act was performed and any witnesses..." (NRS 240.201.1).
Journal entry requirements
“Except as otherwise provided in subsection 2, each notary public shall keep a journal in his or her office in which the notary public shall enter for each notarial act performed, at the time the act is performed:
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(a) The fees charged, if any;
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(b) The title of the document;
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(c) The date on which the notary public performed the act;
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(d) Except as otherwise provided in subsection 3, the name and signature of the person whose signature is being notarized;
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(e) Subject to the provisions of subsection 4, a description of the evidence used by the notary public to verify the identification of the person whose signature is being notarized;
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(f) An indication of whether the notary public administered an oath; and
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(g) The type of certificate used to evidence the notarial act, as required pursuant to NRS 240.1655” (NRS 240.120.1).
RON recordings & journal upon resignation?
“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, and sections 30 to 38.7, inclusive, of this act 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” (NRS 240.201.7).
Reference Links
Helpful resources for Nevada Notaries
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Nevada Notary FAQs from the Secretary of State
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Statutes and Regulations from the Secretary of State
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“A Notary’s Guide to Completing Journal Entries”
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