Senate Bill No. 346

Senate Bill No. 346-Committee on Government Affairs

(On Behalf of the Office of the Secretary of State)

May 2, 1997
____________

Referred to Committee on Government Affairs

SUMMARY--Makes various changes to provisions governing notaries public, commissioners of deeds and commissioned abstractors. (BDR 19-517)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to the office of the secretary of state; specifying the effect of the signature or certification of a notary public on a document; authorizing the secretary of state to appoint a person who is a resident of an adjoining state as a notary public under certain circumstances; prohibiting a person from withholding from a notary public his journal, official stamp or certificate of appointment of the notary; limiting the additional fee that a notary may charge for traveling to perform a notarial act; changing the appointing authority for commissioners of deeds and commissioned abstractors from the governor to the secretary of state; providing a penalty; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1 Chapter 240 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. 1. The signature of a notary public on a document shall be deemed to be evidence only that the notary public knows the contents of the document that constitute the signature, execution, acknowledgment, oath, affirmation, affidavit or verification.
2. When a notary public certifies that a document is a certified or true copy of an original document, the certification shall not be deemed to be evidence that the notary public knows the contents of the document.
Sec. 3. The following certificate is sufficient for an acknowledgment that contains a power of attorney:
State of
County of
This instrument was acknowledged before me on (date) by (name of person receiving power of attorney) as attorney in fact for (name of principal/person whose name is in the document)

(Signature of notarial officer)
(Seal, if any)

(Title and rank (optional))

(My commission expires (optional):

)

Sec. 4. A notary public who is a resident of an adjoining state shall submit to the secretary of state annually, within 30 days before the anniversary date of his appointment as a notary public, an affidavit containing the information required pursuant to subsection 2 of NRS 240.030.
Sec. 5. 1. It is unlawful for a person to knowingly destroy, deface or conceal a notarial record.
2. As used in this section, "notarial record" means:
(a) The journal that a notary public is required to keep pursuant to NRS 240.120; and
(b) A document or other evidence retained by a notary public to record the performance of a notarial act.
Sec. 6. 1. The following items are the personal property of a notary public:
(a) His official stamp;
(b) His journal; and
(c) His certificate of appointment.
2. It is unlawful for a person who comes into possession of the official stamp, journal or certificate of appointment of a notary public to withhold such an item from the notary public, whether or not the person provided the notary public with the money to acquire the item.
Sec. 7. NRS 240.001 is hereby amended to read as follows:
240.001 As used in NRS 240.001 to 240.169, inclusive, and sections 2 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 240.002 to 240.006, inclusive, have the meanings ascribed to them in those sections.
Sec. 8. NRS 240.004 is hereby amended to read as follows:
240.004 "Notarial act" means [any] an act that a notary public [of] appointed in this state is authorized to perform. The term includes:
1. Taking an acknowledgment;
2. Administering an oath or affirmation;
3. Taking a verification upon oath or affirmation;
4. [Witnessing or attesting a signature;
5.] Certifying or attesting a copy;
[6.] 5. Executing a jurat;
[7.] 6. Noting a protest of a negotiable instrument; and
[8.] 7. Performing such other duties as may be prescribed by a specific statute.
Sec. 9. NRS 240.010 is hereby amended to read as follows:
240.010 1. The secretary of state may appoint notaries public in this state.
2. The secretary of state [may] shall not appoint as a notary public [any] a person:
(a) Who submits an application containing [any] a substantial and material misstatement or omission of fact.
(b) Whose previous appointment as a notary public in this state has been revoked.
(c) Who has been convicted of a crime involving moral turpitude, if the secretary of state is aware of such a conviction before he makes the appointment.
(d) Against whom a complaint that alleges a violation of a provision of this chapter is pending.
3. A notary public may cancel his appointment by submitting a written notice to the secretary of state.
4. It is unlawful for [any] a person to [represent] :
(a) Represent himself as a notary public appointed pursuant to this section if he has not received a certificate of appointment from the secretary of state pursuant to this chapter.
(b) Submit an application for appointment as a notary public that contains a substantial and material misstatement or omission of fact.
Sec. 10. NRS 240.015 is hereby amended to read as follows:
240.015 1. Except as otherwise provided in this section, a person appointed as a notary public must:
(a) During the period of his appointment, be a citizen of the United States or lawfully admitted for permanent residency in the United States as verified by the Immigration and Naturalization Service.
(b) Be a resident of this state.
(c) Be at least 18 years of age.
(d) Possess his civil rights.
2. If a person appointed as a notary public ceases to be lawfully admitted for permanent residency in the United States during his appointment, he shall, within 90 days after his lawful admission has expired or is otherwise terminated, submit to the secretary of state evidence that he is lawfully readmitted for permanent residency as verified by the Immigration and Naturalization Service. If the person fails to submit such evidence within the prescribed time, his appointment expires by operation of law.
3. The secretary of state may appoint a person who resides in an adjoining state as a notary public if the person:
(a) Maintains a place of business in the State of Nevada; or
(b) Is regularly employed at an office, business or facility located within the State of Nevada by an employer licensed to do business in this state.
If such a person ceases to maintain a place of business in this state or regular employment at an office, business or facility located within this state, the secretary of state may suspend his appointment. The secretary of state may reinstate an appointment suspended pursuant to this subsection if the notary public submits to the secretary of state, before his term of appointment as a notary public expires, an affidavit which contains the information required pursuant to subsection 2 of NRS 240.030.
Sec. 11. NRS 240.017 is hereby amended to read as follows:
240.017 The secretary of state [may] :
1. May adopt regulations prescribing the procedure for the appointment and voluntary training of a notary public.
2. Shall adopt regulations prescribing the form of each affidavit required pursuant to subsection 2 of NRS 240.030.
Sec. 12. NRS 240.020 is hereby amended to read as follows:
240.020 [Notaries public] A person appointed as a notary public pursuant to this chapter may perform notarial acts in any part of this state for a term of 4 years, unless sooner removed. Such an appointment does not authorize the person to perform notarial acts in another state.
Sec. 13. NRS 240.030 is hereby amended to read as follows:
240.030 1. Except as otherwise provided in subsection [3,] 4, each person applying for appointment as a notary public [shall:] must:
(a) At the time he submits his application, pay to the secretary of state $35.
(b) Take and subscribe to the oath set forth in section 2 of article 15 of the constitution of the State of Nevada as if he were a public officer.
(c) Enter into a bond to the State of Nevada in the sum of $10,000, to be filed with the clerk of the county in which the applicant resides [.] or, if the applicant is a resident of an adjoining state, with the clerk of the county in this state in which the applicant maintains a place of business or is employed. The applicant shall submit to the secretary of state a certificate issued by the appropriate county clerk which indicates that the applicant filed the bond required pursuant to this paragraph.
2. In addition to the requirements set forth in subsection 1, an applicant for appointment as a notary public who resides in an adjoining state must submit to the secretary of state with his application:
(a) An affidavit setting forth the address of his place of residence and the address of his place of business or employment that is located within the State of Nevada; and
(b) Unless the applicant is self-employed, an affidavit from his employer setting forth the facts that show:
(1) The employer is licensed to do business in the State of Nevada; and
(2) The employer regularly employs the applicant at an office, business or facility which is located within the State of Nevada.
3. In completing an application, bond, oath or other document necessary to apply for appointment as a notary public, an applicant who is employed as a peace officer and is required to be a notary public as a condition of that employment must not be required to disclose his residential address or telephone number on any such document which will become available to the public.
[3.] 4. A court reporter who has received a certificate of registration pursuant to NRS 656.180 may apply for appointment as a notary public with limited powers. Such an applicant is not required to enter into a bond to obtain the limited power of a notary public to administer oaths or affirmations.
[4.] 5. If required, the bond, together with the oath, must be filed and recorded in the office of the county clerk of the county in which the applicant resides when he applies for his appointment [.] or, if the applicant is a resident of an adjoining state, with the clerk of the county in this state in which the applicant maintains a place of business or is employed. On a form provided by the secretary of state, the county clerk shall immediately certify to the secretary of state that the required bond and oath have been filed and recorded. Upon receipt of the application, fee and certification that the required bond and oath have been filed and recorded, the secretary of state shall issue a certificate of appointment as a notary public to the applicant.
[5.] 6. Except as otherwise provided in this subsection, the secretary of state shall charge a fee of $10 for each duplicate or amended certificate of appointment which is issued to a notary. If the notary public does not receive an original certificate of appointment, the secretary of state shall provide a duplicate certificate of appointment without charge if the notary public requests such a duplicate within 60 days after the date on which the original certificate was issued.
Sec. 14. NRS 240.033 is hereby amended to read as follows:
240.033 1. The bond required to be filed [by] pursuant to NRS 240.030 must be executed by the person applying to become a notary public as principal and by a surety company qualified and authorized to do business in this state. The bond must be made payable to the State of Nevada and be conditioned to provide indemnification to [any] a person determined to have suffered damage as a result of [any] an act by the notary public which [is a violation of any] violates a provision of NRS 240.001 to 240.169, inclusive. The surety company shall pay [any] a final, nonappealable judgment of [any] a court of this state that has jurisdiction, upon receipt of written notice of final judgment. The bond may be continuous but, regardless of the duration of the bond, the aggregate liability of the surety does not exceed the penal sum of the bond.
2. If the penal sum of the bond is exhausted, the surety company shall notify the secretary of state in writing within 30 days after its exhaustion.
3. The surety bond must cover the period of the appointment of the notary public, except when a surety is released.
[3.] 4. A surety on [any] a bond filed pursuant to NRS 240.030 may be released after the surety gives 30 days' written notice to the secretary of state and notary public, but the release does not discharge or otherwise affect [any] a claim filed by a person for damage resulting from [any] an act of the notary public which is alleged to have occurred while the bond was in effect.
[4.] 5. The appointment of a notary public is suspended by operation of law when the notary public is no longer covered by a surety bond as required by this section and NRS 240.030 [.] or the penal sum of the bond is exhausted. If the secretary of state receives notice pursuant to subsection [3] 4 that the bond will be released [,] or pursuant to subsection 2 that the penal sum of the bond is exhausted, the secretary shall immediately notify the notary public in writing that his appointment will be suspended by operation of law until another surety bond is filed in the same manner and amount as the bond being terminated.
6. The secretary of state may reinstate the appointment of a notary public whose appointment has been suspended pursuant to subsection 5, if the notary public, before his current term of appointment expires:
(a) Submits to the secretary of state:
(1) An application for an amended certificate of appointment as a notary public; and
(2) A certificate issued by the clerk of the county in which the applicant resides or, if the applicant is a resident of an adjoining state, the county in this state in which the applicant maintains a place of business or is employed, which indicates that the applicant filed a new surety bond with the clerk.
(b) Pays to the secretary of state a fee of $10.
Sec. 15. NRS 240.036 is hereby amended to read as follows:
240.036 1. If , at any time during his appointment, a notary public changes his mailing address, county of residence or signature [at any time during his appointment,] or, if he is a resident of an adjoining state, changes his place of business or employment, he shall submit to the secretary of state a request for an amended certificate of appointment on a form provided by the secretary of state. The request must:
(a) Include the new information;
(b) Be submitted within 30 days after making that change; and
(c) Be accompanied by a fee of $10.
2. The secretary of state may suspend the appointment of a notary public who fails to provide to the secretary of state notice of a change in any of the information specified in subsection 1.
3. If a notary public changes his name during his appointment and he intends to use his new name in the performance of his notarial duties, he shall submit to the secretary of state a request for an amended certificate of appointment on a form provided by the secretary of state. The request must:
(a) Include his new name and signature and his address;
(b) Be submitted within 30 days after making the change; and
(c) Be accompanied by a fee of $10.
[3.] 4. Upon receipt of a request for an amended certificate of appointment and the appropriate fee, the secretary of state shall issue an amended certificate of appointment.
[4.] 5. When the notary public receives the amended certificate of appointment, he shall:
(a) Destroy his notary's stamp and obtain a new notary's stamp which includes the information on the amended certificate.
(b) Notify the surety company which issued his bond of the changes.
Sec. 16. NRS 240.040 is hereby amended to read as follows:
240.040 1. Except as otherwise provided in NRS 240.069, each notary public shall authenticate all his acts, including [any] an acknowledgment, jurat, verification or other certificate, by:
(a) Setting forth the following:
(1) The venue . [;]
(2) His [original signature; and] signature in ink and signed by his own hand.
(3) A statement imprinted in indelible, photographically reproducible ink with a rubber or other mechanical stamp setting forth his name, the phrase "Notary Public, State of Nevada," the date on which his appointment expires, the number of his certificate of appointment and, if he so desires, the Great Seal of the State of Nevada . [; and] If the notary public is a resident of an adjoining state, the statement must also contain the word "nonresident."
(b) Including all applicable information in the acknowledgment, jurat, verification or other certificate.
2. After July 1, 1965, an embossed notarial seal is not required on notarized documents.
3. The stamp required pursuant to subsection 1 must:
(a) Be a rectangle, not larger than 1 inch by 2 1/2 inches, and may contain a border design; and
(b) Produce a legible imprint.
4. A notary public shall not affix his signature or stamp over printed material.
5. As used in this section, "mechanical stamp" includes an imprint made by a computer or other similar technology.
Sec. 17. NRS 240.045 is hereby amended to read as follows:
240.045 1. If the stamp of a notary public is lost, the notary public shall, within 10 days after the stamp is lost, submit to the secretary of state a request for an amended certificate of appointment, on a form provided by the secretary of state, and obtain a new stamp in accordance with NRS 240.036. The request must be accompanied by a fee of $10.
2. If the stamp is destroyed, broken, damaged or otherwise rendered inoperable, the notary public shall immediately notify the secretary of state of that fact and obtain a new stamp.
3. A person or governmental entity shall not make, manufacture or otherwise produce a notary's stamp unless the notary public presents his original or amended certificate of appointment or a certified copy of his original or amended certificate of appointment to that person or governmental entity.
Sec. 18. NRS 240.065 is hereby amended to read as follows:
240.065 1. A notary public may not perform [any] a notarial act if:
(a) He executed or is named in the instrument acknowledged or sworn to;
(b) He will receive directly from a transaction relating to the instrument [any] or pleading a commission, fee, advantage, right, title, interest, property or other consideration in excess of the authorized fees; or
(c) The person whose signature is to be acknowledged or sworn to is a relative of the notary public by marriage or consanguinity.
2. As used in this section, "relative" includes, without limitation:
(a) A spouse, parent, grandparent or stepparent;
(b) A natural born child, stepchild or adopted child;
(c) A grandchild, brother, sister, half brother, half sister, stepbrother or stepsister;
(d) A grandparent, parent, brother, sister, half brother, half sister, stepbrother or stepsister of the spouse of the notary public; and
(e) A natural born child, stepchild or adopted child of a sibling or half sibling of the notary public or of a sibling or half sibling of the spouse of the notary public.
Sec. 19. NRS 240.100 is hereby amended to read as follows:
240.100 1. Except as otherwise provided in subsection 3, a notary public may charge the following fees and no more:

For taking an acknowledgment, for the first signature of each signer $2

For each additional signature of each signer 1

For administering an oath or affirmation without a signature 1

For a certified copy 1

For a jurat, for each signature on the affidavit 2

2. All fees prescribed in this section are payable in advance, if demanded.
3. A notary public may charge an additional fee for traveling to perform a notarial act if:
(a) [He] The person requesting the notarial act asks the notary public to travel;
(b) The notary public explains to the person requesting the notarial act that the fee is in addition to the fee authorized in subsection 1 and is not required by law; [and
(b)] (c) The person requesting the notarial act agrees in advance upon the amount of the additional fee [.] ; and
(d) The additional fee does not exceed the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax.
4. A person who employs a notary public may prohibit the notary public from charging a fee for a notarial act that the notary public performs within the scope of his employment. Such a person shall not require the notary public whom he employs to surrender to him all or part of a fee charged by the notary public for a notarial act performed outside the scope of his employment.
Sec. 20. NRS 240.110 is hereby amended to read as follows:
240.110 [1.] If a notary public charges fees for performing notarial acts, he shall publish and set up in some conspicuous place in his office a table of his fees, according to this chapter, for the inspection of all persons who have business in his office. The schedule must not be printed in smaller than 1/2-inch type. A notary public shall not charge fees unless he has published and set up a table of fees in accordance with this subsection.
[2. For each day's failure to comply with the provisions of subsection 1, a notary public shall forfeit a sum not exceeding $20 with costs, which may be recovered by any person by an action before any justice of the peace of the same county.]
Sec. 21. NRS 240.120 is hereby amended to read as follows:
240.120 1. Except as otherwise provided in NRS 240.069, each notary public shall keep a journal in his office in which he shall enter for each notarial act performed, at the time the act is performed:
(a) The fees charged, if any;
(b) The title of the matter;
(c) The date on which he performed the service;
(d) The name and signature of the person whose signature is being notarized; [and]
(e) A description of the evidence used by the notary public to verify the identification of the person whose signature is being notarized [.] ; and
(f) An indication of whether he administered an oath.
2. If the notary verifies the identification of the person whose signature is being notarized on the basis of a credible witness, the notary public shall:
(a) Require the witness to sign the journal in the space provided for the description of the evidence used; and
(b) Make a notation in the journal that the witness is a credible witness.
3. The journal must:
(a) Be open to public inspection.
(b) Be in a bound volume with preprinted page numbers.
4. A notary public shall, upon request and payment of the fee set forth in NRS 240.100, provide a certified copy of an entry in his journal.
5. A notary public shall [keep his journal for the entire period of his appointment.
5. Any notary public who violates any of the provisions of this section shall be fined not more than $1,000.] retain each journal that he has kept pursuant to this section until 7 years after the date on which he ceases to be a notary public.
6. A notary public shall file a report with the secretary of state and the appropriate law enforcement agency if his journal is lost or stolen.
7. The provisions of this section do not apply to a person who is authorized to perform a notarial act pursuant to paragraph (b), (c) or (d) of subsection 1 of NRS 240.1635.
Sec. 22. NRS 240.130 is hereby amended to read as follows:
240.130 [1. No other fees shall be charged than those specially set forth in this chapter, nor shall fees be charged for any other services than those mentioned in this chapter.
2. Any notary public who shall violate any of the provisions of this section shall be fined not more than $1,000.] A notary public shall not charge a fee to perform a service unless he is authorized to charge a fee for such a service pursuant to this chapter.
Sec. 23. NRS 240.150 is hereby amended to read as follows:
240.150 1. For [any] misconduct or neglect in [any of the cases] a case in which [any] a notary public appointed [under] pursuant to the authority of this state [,] may act, either by the law of this state [,] or of [any] another state, territory or country, or by the law of nations, or by commercial usage, he is liable on his official bond to the parties injured thereby, for all the damages sustained.
2. The employer of a notary public is liable for any damages proximately caused by the misconduct of the notary public, if:
(a) The notary public was acting within the scope of his employment at the time he engaged in the misconduct; and
(b) The employer of the notary public consented to the misconduct of the notary public.
3. The secretary of state may refuse to appoint or may suspend or revoke the appointment of a notary public who fails to provide to the secretary of state, within a reasonable time, information that the secretary of state requests from him in connection with a complaint which alleges a violation of this chapter.
4. Except as otherwise provided in this chapter, for any willful violation or neglect of duty [:] or other violation of this chapter, or upon proof that the notary public has been convicted of a crime involving moral turpitude:
(a) A notary public or other person who violates a provision of this chapter may be fined not more than $2,000 [;] for each violation;
(b) The appointment of the notary public may be suspended for a period determined by the secretary of state, but not exceeding the time remaining on his appointment;
(c) The appointment of the notary public may be revoked; or
(d) The notary public may be fined and his appointment may be:
(1) Revoked; or
(2) Suspended for a period determined by the secretary of state.
5. If the secretary of state revokes or suspends the appointment of a notary public pursuant to this section, the secretary of state shall:
(a) Notify the notary public in writing of the revocation or suspension; and
(b) Cause notice of the revocation or suspension to be published in a newspaper of general circulation in the county in which the notary public resides or works.
6. Except as otherwise provided by law, the secretary of state may impose the fine that is authorized pursuant to this section upon a notary public whose appointment has expired if the notary public committed the violation that justifies the fine before his appointment expired.
Sec. 24. NRS 240.163 is hereby amended to read as follows:
240.163 1. In taking an acknowledgment, a notarial officer shall determine, from personal knowledge or from other satisfactory evidence, that the person making the acknowledgment is the person whose signature is on the instrument. The person who signed the document shall present the document to the notarial officer in person.
2. In taking a verification upon oath or affirmation, a notarial officer shall determine, from personal knowledge or from other satisfactory evidence, that the person making the verification is the person whose signature is on the verified statement.
3. [In witnessing or attesting a signature, a notarial officer shall determine, from personal knowledge or from other satisfactory evidence, that the signature is that of the person appearing before him and named in the document signed.
4.] In certifying or attesting a copy of a document or other item, a notarial officer shall determine that the proffered copy is a complete, accurate and authentic transcription or reproduction of that which was copied.
[5.] 4. In making or noting a protest of a negotiable instrument, a notarial officer shall verify compliance with the provisions of subsection 2 of NRS 104.3505.
[6.] 5. In executing a jurat, a notarial officer shall administer an oath or affirmation to the affiant and shall determine, from personal knowledge or other satisfactory evidence, that the affiant is the person named in the document. The affiant shall sign the document in the presence of the notarial officer.
[7.] The notarial officer shall administer the oath or affirmation required pursuant to this subsection in substantially the following form:

Do you (solemnly swear, or affirm) that the statements in this document are true, (so help you God)?

6. A notarial officer has satisfactory evidence that a person is the person whose signature is on a document if he:
(a) Is personally known to the notarial officer;
(b) Is identified upon the oath or affirmation of a credible witness personally known to the notarial officer;
(c) Is identified on the basis of an identifying document which contains a signature and a photograph or physical description; [or]
(d) Is identified upon an oath or affirmation of a subscribing witness who is personally known to the notarial officer [.] ; or
(e) In the case of a person who is 65 years of age or older and cannot satisfy the requirements of paragraphs (a) to (d), inclusive, is identified upon the basis of an identification card issued by a governmental agency or a senior citizen center.
7. An oath or affirmation administered pursuant to subsection 6 must be in substantially the following form:

Do you (solemnly swear, or affirm) that you personally know (name of person who signed the document) , (so help you God)?

Sec. 25. NRS 240.165 is hereby amended to read as follows:
240.165 1. A notarial act has the same effect under the law of this state as if performed by a notarial officer of this state if performed within the jurisdiction of and under authority of a foreign nation or its constituent units or a multinational or international organization by [any of] the following persons:
(a) A notary public ; [or notary;]
(b) A judge, clerk or deputy clerk of a court of record; or
(c) [Any other] A person authorized by the law of that jurisdiction to perform notarial acts.
2. An "Apostille" in the form prescribed by the Hague Convention of October 5, 1961, conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office. The secretary of state shall, upon request and payment of a fee of $20, issue an apostille to verify a signature of a notarial officer on a document that is kept in the records of the secretary of state.
3. A certificate by an officer of the foreign service or consular officer of the United States stationed in the nation under the jurisdiction of which the notarial act was performed, or a certificate by an officer of the foreign service or consular officer of that nation stationed in the United States, conclusively establishes [any] a matter relating to the authenticity or validity of the notarial act set forth in the certificate.
4. An official stamp or seal of the person performing the notarial act is prima facie evidence that the signature is genuine and that the person holds the indicated title.
5. An official stamp or seal of an officer listed in paragraph (a) or (b) of subsection 1 is prima facie evidence that a person with the indicated title has authority to perform notarial acts.
6. If the title of office and indication of authority to perform notarial acts appears either in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
Sec. 26. NRS 240.1655 is hereby amended to read as follows:
240.1655 1. A notarial act must be evidenced by a certificate signed and dated by a notarial officer. The certificate must include identification of the jurisdiction in which the notarial act is performed and the title of the office of the notarial officer and may include the official stamp or seal of office. If the officer is a notary public, the certificate must also indicate the date of expiration, if any, of the commission of office, but omission of that information may subsequently be corrected. If the officer is a commissioned officer on active duty in the military service of the United States, it must also include the officer's rank.
2. A certificate of a notarial act is sufficient if it meets the requirements of subsection 1 and it:
(a) Is in the short form set forth in NRS 240.166 [, 240.1665, 240.167, 240.1675, 240.168, 240.1685 or 240.169;] to 240.169, inclusive, and section 3 of this act;
(b) Is in a form otherwise prescribed by the law of this state;
(c) Is in a form prescribed by the laws or regulations applicable in the place in which the notarial act was performed; or
(d) Sets forth the actions of the notarial officer and those are sufficient to meet the requirements of the designated notarial act.
3. By executing a certificate of a notarial act, the notarial officer certifies that the officer has made the determinations required by NRS 240.163.
Sec. 27. NRS 240.168 is hereby amended to read as follows:
240.168 The following certificate is sufficient for attesting a copy of a document:
State of
County of
I certify that this is a true and correct copy of a document in the possession of .(name of person who presents the document) .
Dated

(Signature of notarial officer)
(Seal, if any)

(Title and rank (optional))

(My commission expires (optional):....................)

Sec. 28. NRS 240.169 is hereby amended to read as follows:
240.169 The following certificate is sufficient for an acknowledgment of a credible witness:
State of
County of
[On ......(date)......, ..............(name of person).............. personally appeared before me, whose identity I verified upon the oath of ..........(name of credible witness).........., a credible witness personally known to me, to be the person whose name is subscribed to the above instrument and he or she proved he or she signed the instrument.]
This instrument was acknowledged before me on (date) by
(name of person) who personally appeared before me and whose identity I verified upon the oath of (name of credible witness) , a credible witness personally known to me.

(Signature of notarial officer)
Sec. 29. NRS 240.170 is hereby amended to read as follows:
240.170 The [governor] secretary of state may, when in his judgment it may be necessary, appoint in each of the United States, and in each of the territories and districts thereof, and in each foreign state, kingdom, province, territory and colony, one or more commissioners of deeds, to continue in office 4 years, unless sooner removed by him.
Sec. 30. NRS 240.210 is hereby amended to read as follows:
240.210 Every commissioner of deeds appointed by the [governor] secretary of state shall have power:
1. To administer oaths.
2. To take and certify depositions and affidavits to be used in this state.
3. To take the acknowledgment or proof of any deed or other instrument to be recorded in this state, and duly certify the same under his hand and official seal.
Sec. 31. NRS 240.250 is hereby amended to read as follows:
240.250 The [governor] secretary of state is empowered to appoint and commission commissioned abstracters in and for the several counties of this state, in any number in which applications may be made to him, as in his judgment may be deemed advisable.
Sec. 32. NRS 240.320 is hereby amended to read as follows:
240.320 The [governor] secretary of state may at any time, for cause, revoke the commission of [any] a commissioned abstracter.
Sec. 33. NRS 240.140 and 240.1675 are hereby repealed.
Sec. 34. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 35. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

TEXT OF REPEALED SECTIONS

240.140 Penalties for taking larger fee than authorized. If any notary public takes more or greater fees than are allowed in this chapter, he shall be fined not more than $1,000, and his appointment must be revoked.
240.1675 Short form for witnessing or attesting signature. The following certificate is sufficient for witnessing or attesting a signature:
State of
County of

Signed or attested before me on ........(date)........ by ....................(name(s) of person(s))....................

(Signature of notarial officer)
(Seal, if any)

(Title and rank (optional))

(My commission expires (optional):....................