AB 72 — Revises provisions relating to notaries public and document preparation services. (BDR 19-485)

An officer, employee or agent of a governmental entity who has legal custody or control of a public record:

- *AB72_R1* – 6 – (a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.

(b)- Establishing83rd proceduresSession (2025) – 6 – electronic signatures.ocedures for the notarization of digital or electronic(c) signatures.Establishing a code of professional responsibility for notaries public.

(c) Establishing a code of professional responsibility for notaries public.

[4.] (d) Endorse or promote any product, service or offering if his or her appointment as a notary public is used in the endorsement or promotional[5.] statement.(e) Certify photocopies of a certificate of birth, death or marriage or a divorce decree.

[5.] (e) Certify photocopies of a certificate of birth, death or marriage or a divorce decree.

- *AB72_R1* – 7 – As used in this subsection, “depository institution” has the meaning ascribedasc[11.] (k) Affix his or her stamp to itany indocument NRSwhich 657.037.does not contain a notarial certificate.

[11.] (k) Affix his or her stamp to any document which does not contain a notarial certificate.

3.- 83rd Session (2025) – 7 – unless a refusal to perform the notarial act is otherwise prohibited by law.

A notarial officer may refuse to perform a notarial act unless a refusal to perform the notarial act is otherwise prohibited by law.

The employer of a notary public may be assessed a civil penalty by the Secretary of State of not more than $2,000 for each violation specified in subsection 4 committed by the notary public, and the employer is liable for any damages proximately caused by the(a) The notary public was acting within the misconductscope of his or her employment at the time the notary public,public if:engaged in the misconduct;

(a) The notary public was acting within the scope of his or her employment at the time the notary public engaged in the misconduct;

Except as otherwise provided in this chapter, for any willful violation or neglect of duty or other violation of this chapter [,] or any regulation adopted pursuant thereto, or upon proof that a notary public has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a crime described in paragraphpar(a) (c)The appointment of subsectionthe 2notary public may be suspended for a period determined by the Secretary of NRSState, 240.010:but not exceeding the time remaining on the appointment;

- *AB72_R1* – 8 – (a) 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 the appointment;

- 83rd Session (2025) – 8 – 5.

(a) Notify the notary public in writing of the revocation or suspension;sus(b) Cause notice of the revocation or suspension to be published on the website of the Secretary of State;

(b) Cause notice of the revocation or suspension to be published on the website of the Secretary of State;

or (c) Outside(1) The electronic notary public has no actual knowledge of the Unitedelectronic Statesnotarial if:act being prohibited in the jurisdiction in which the person is physically located;

(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;

or - *AB72_R1* – 9 – (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] shall not perform an electronic notarial act using audio-video communication in - 83rd Session (2025) – 9 – accordance with NRS 240.181 to 240.206, inclusive, and any rules or regulations adopted by the Secretary of State [if] unless 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.

(2) A wrongful failure or refusal by the registrant or the sole proprietorship or business entity to provide services ininthe accordance with a contract entered into pursuant to NRS 240A.190;

or - *AB72_R1* – 10 – (b) Payment to the Secretary of State for any civil penalty or award of attorney’s fees or costs of suit owing and unpaid by the registrant or the sole proprietorship or business entity to the Secretary of State pursuant to this chapter.

- 83rd Session (2025) – 10 – 3.

No part of a bond filed pursuant to this section may be withdrawn while the registration of the registrant who performs document preparation services under the sole proprietorship or business entity remains in effect, or while a proceeding to suspend or revoke4.vokIf thea registrationsurety bond is pending.filed pursuant to subsection 1:

4.

If a surety bond is filed pursuant to subsection 1:

Except as otherwise provided in this subsection, if a cash bond is filed pursuant to subsection 1, the Secretary of State may retain the bond until the expiration of 3 years after the date the registrant has ceased to do business under the sole proprietorship or each business covered under the bond, or 3 years after the date of the expiration or revocation of the registration of the registrant, to ensure that there are no outstanding claims against the bond.

- *AB72_R1* – 11 – 6.

The registration of a registrant who performs document preparation services under a sole proprietorship or more than one business entity is suspended by operation of law when the - 83rd Session (2025) – 11 – registrant is no longer covered by a bond or the penal sum of the bond is exhausted.

If the Secretary of State receives notice pursuant to subsection 4 that the penal sum of a surety bond is exhausted or that the surety is being released, the Secretary of State shall immediately notify the registrant covered under the bond in writing that their registration is suspended by operation of law until another bond is filed in the same manner and amount as the former bond.

4.under more than 10 business entities, $200,000.paration services Sec.

If the registrant performs document preparation services under more than 10 business entities, $200,000.

Sec.

- *AB72_R1*83rd Session (2025) – 12 – (a)practice Whoof islaw suspendedin orany hasjurisdiction;ously previously been disbarred from the practice(b) ofWhose lawregistration as a document preparation service in anythis jurisdiction;State or another state has previously been revoked for cause;

(b) Whose registration as a document preparation service in this State or another state has previously been revoked for cause;

(2) Convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, the unauthorized practice of law pursuant to NRS 7.285 or the corresponding statute of any otherotherf law jurisdiction;

4.State a declaration under penalty of perjury stating that the applicant has not had a certificate or license as a document preparation service revoked or suspended in this State or any other state or territory of the United States.

An applicant for registration must submit to the Secretary of State a declaration under penalty of perjury stating that the applicant has not had a certificate or license as a document preparation service revoked or suspended in this State or any other state or territory of the United States.

Each certificate of registration must bear the name of the registrant and a registration number- unique83rd toSession that(2025) – 13 – maintain a record of the name and registration number of eachl registrant.

The Secretary of State shall - *AB72_R1* – 13 – maintain a record of the name and registration number of each registrant.

(a)(b) A renewallist fee of $50;each business entity or sole proprietorship under which the applicant intends to perform document preparation services during the following calendar year;

[and] (b) A list of each business entity or sole proprietorship under which the applicant intends to perform document preparation services during the following calendar year;

(a) Conduct any investigation of a registrant that the Secretary of (b) Require a registrant to submit a complete set of fingerprints and written permission authorizing the Secretary of State deemsto appropriate.forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

(b) Require a registrant to submit a complete set of fingerprints and written permission authorizing the Secretary of State to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

After any investigation of the history of a registrant is completed, unless the Secretary of State elects or is required to deny renewal pursuant to this section or NRS 240A.270, the Secretary of State- shall83rd renewSession the(2025) registration– if14 the– registrant is qualified for registration and has complied with the requirements of this section.section.r Sec.

- *AB72_R1* – 14 – Sec.

(2) A wrongful failure or refusal by the registrant, or an agent or employee of the registrant, to provide services in accordanceaccorda(3) withThe afraud, contractdishonesty, enterednegligence intoor pursuantother towrongful90; NRS 240A.190;

(3) The fraud, dishonesty, negligence or other wrongful conduct of the registrant or an agent or employee of the registrant;

(a) The bond must be executed by the registrant as principal and byState.urety a surety company qualified and authorized to do business in this State.(b) The bond must cover the period of the registration of the registrant, except when the surety is released in accordance with this section.

(b) The bond must cover the period of the registration of the registrant, except when the surety is released in accordance with this section.

- 83rd Session (2025) – 15 – (d) 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.

(e) If the penal sum of the bond is exhausted, the surety shall givedays after its exhaustion.cretary of State and the registrant within (f) The surety may be released after giving 30 days’ written notice to the Secretary of State and the registrantregistrant, withinbut 30the daysrelease afterdoes itsnot exhaustion.discharge or otherwise affect any claim resulting from an act or omission which is alleged to have occurred while the bond was in effect.

- *AB72_R1* – 15 – (f) The surety may be released after giving 30 days’ written notice to the Secretary of State and the registrant, but the release does not discharge or otherwise affect any claim resulting from an act or omission which is alleged to have occurred while the bond was in effect.

If the Secretary of State receives notice pursuant to subsection 3 that the penal sum of a surety bond is exhausted or that the surety is being released, the Secretary of State shall immediately notify the registrant in writing that his or her registration is suspended by operation of law until another bond is filed in the same manner and amount as the former bond.

A business entity that has one or more employees or contracts with one or more independent contractors who- perform83rd documentSession preparation(2025) services– [may]16 or– advertise document preparation services pursuant to NRS 240A.150 shall file with the Secretary of State a cash bond or surety bond on behalf of all employees and independent contractors of the business entity who are registered as a document preparation service and provide document preparation services for the business entity.

- *AB72_R1* – 16 – 2.

(a) Indemnification to a client or any other person who is determined in an action or proceeding to have suffered damage as a result of:

in an action or proceeding to have suffered damage as a (1) An act or omission of a registrant employed or contracted by the business entity which violates a provision of this chapter or a regulation or order adopted or issued pursuant thereto;

or (b) Payment to the Secretary of State for any civil penalty or award of attorney’s fees or costs of suit owing and unpaid by aaor registrant employed or contracted by the business entity to the Secretary of State pursuant to this chapter.

(a)- Except83rd asSession otherwise(2025) provided– in17 subsection– 6, the bond must be executed by the business entity as principal and by a suretysuretyust company qualified and authorized to do business in this State.

- *AB72_R1* – 17 – (c) The surety shall pay any final, nonappealable judgment of a court of this State that has jurisdiction, upon receipt of written notice that the judgment is final.

(f) The surety may be released after giving 30 days’ written notice to the Secretary of State and the business entity, but the release does not discharge or otherwise affect any claim resulting from an act or omission which is alleged to have occurred while the bond was in effect.

Except as otherwise provided in this subsection, if a cash bond is filed pursuant to subsection 1, the Secretary of State may retain the bond until the expiration of 3 years after the date the business entity has ceased to do business, or 3 years after the date of the expiration or revocation of the registration of each employee and independent contractor of the business entity who is registered as a document preparation service and performs document preparation services for the business entity, to ensure that there are jurisdiction may order the return of the bond, or any part of the bond, at an earlier date upon evidence satisfactory to the court that there are no outstanding claims against the bond.bond or that the part of the bond retained by the Secretary of State is sufficient to satisfy any outstanding claims.

A court of competent jurisdiction may order the return of the bond, or any part of the bond, at an earlier date upon evidence satisfactory to the court that there are no outstanding claims against the bond or that the part of the bond retained by the Secretary of State is sufficient to satisfy any outstanding claims.

If the Secretary of State receives notice- pursuant83rd toSession subsection(2025) 5– that18 the– penal sum of a surety bond is exhausted or that the surety is being released, the Secretary of State shall immediately notify the business entity and each registrant covered under the bond in writing that their registration is suspended by operation of law until another bond is filed in the same manner and amount as the former bond.

The Secretary of State may reinstate the registration of a registrant whose registration has been suspended pursuant to subsection 8 if, before the current term of the registration expires, the business entity files with the Secretary of State a new bond - *AB72_R1* – 18 – meeting the requirements of this section or the registrant files with the Secretary of State a new bond meeting the requirements of NRS 240A.120 [.] or section 5.5 of this act.

10.chapter, a business entity or registrant shall not make or cause to be made any oral or written reference to the registrant’s compliance with the requirements of this section.

Except as specifically authorized or required by this chapter, a business entity or registrant shall not make or cause to be made any oral or written reference to the registrant’s compliance with the requirements of this section.

(c) If the business entity employs or contracts with at least 26 services, $75,000;75 registrants to perform document preparation (d) If the business entity employs or contracts with at least 76 but not more than 75125 registrants to perform document preparation services, $75,000;$100,000;

(d) If the business entity employs or contracts with at least 76 but not more than 125 registrants to perform document preparation services, $100,000;

and (f) If the business entity employs or contracts with more than 200 registrants to perform document preparation services, $200,000.

- 83rd Session (2025) – 19 – 2.

For purposes of determining the amount of the bond required pursuant to subsection 1, the number of registrants employed or contracted by a business entity to perform document preparation services is the greatest number of registrants who will perform document preparation services for the business entity at any time during the year, including, without limitation, on a temporarytemporaryy or seasonal basis.

A claim against a bond filed pursuant to NRS 240A.120 or 240A.123 or section 5.5 of this act may be filed in a court of competent jurisdiction for damages to the extent covered by - *AB72_R1* – 19 – the bond.

and (b) Any payment must be based on written claims received by the surety before any action is taken by a court.court.s received by 4.

4.

(a) Shall publish notice of the action at least once each week for 2 weeks in every issue of a newspaper of general circulation in the county of the principal place of business of the registrant or business entity, as applicable;

Sec.- 83rd Session (2025) – 20 – 240A.240 NRS 1.

10.

NRS 240A.240 is hereby amended to read as follows:

240A.240 1.

to read as follows:

- *AB72_R1* – 20 – (c) Except as otherwise provided in subsection 3, in any advertisement or written description of the registrant or the services provided by the registrant, or on any letterhead or business card of the registrant, use the term “legal aid,” “legal services,” “law office,” “notario,” “notario publico,” “notary public,” “notary,” “paralegal,” “legal assistant,” “licensed,” “licenciado,” “attorney,” “lawyer” or any similar term, in English, Spanish or any other language, which implies that the registrant:

(e) Except as otherwise provided in subsection 2, negotiate with another person concerning the rights or responsibilities of a client, communicate the position of a client to another person or convey the position of another person to a client.

another person or convey the (f) Except as otherwise provided in subsection 2, appear on behalf of a client in a court proceeding or other formal adjudicative proceeding, unless the registrant is ordered to appear by the court or presiding officer.

(g) Except as otherwise provided in subsection 2, provide any advice, explanation, opinion or recommendation to a client about possible legal rights, remedies, defenses, options or the selection of documents or strategies, except that a registrant may provide to a - 83rd Session (2025) – 21 – client published factual information, written or approved by an attorney, relating to legal procedures, rights or obligations.

(h) Engage in the business of a document preparation service as an employee or independent contractor for an entity that is not covered by a cash bond or surety bond filed pursuant to NRS 240A.123 or under a sole proprietorship or business entity unless the registrant is covered by a cash bond or surety bond filed pursuant to section 5.5 of this act.

A registrant who is also a notary public appointed by the Secretary of State pursuant to chapter 240 of NRS and in good standing with the Secretary of State may, in any advertisement or - *AB72_R1* – 21 – written description of the registrant or the services provided by the registrant, use the term “notary public.” 4.

If the Secretary of State obtains information that a provision of this chapter or a regulation or order adopted or issued pursuant thereto has been violated by a registrant or another person,person,d the Secretary of State may conduct or cause to be conducted an investigation of the alleged violation.

The order must notify the person that any willful violation of the order may subject the person to prosecution and criminal penalties pursuant- to83rd Session (2025) – 22 – and NRS 240A.290240A.280.40A.290 and penalties pursuant to this section and(b) NRSIf 240A.280.a registrant has committed the violation:

(b) If a registrant has committed the violation:

- *AB72_R1* – 22 – (d) Refer the alleged violation to the Attorney General or a district attorney for commencement of a civil action against the person pursuant to NRS 240A.280.

If the Secretary of State receives a complaint alleging a violation of this chapter, the Secretary of State shall notify the document preparation service or other person who is the subject of the complaint.

- 83rd Session (2025) – 23 – (2) A statement of each statutory provision which the document preparation service or other person is alleged to have violated;

(3) An explanation of any disciplinary action that may be takenSecretary againstof State determines that the alleged violation occurred;the (4) A statement that the document preparation service or other person ifmust respond to the Secretarynotice ofnot Statelater determinesthan that15 days after the allegednotice violationis occurred;received;

(4) A statement that the document preparation service or other person must respond to the notice not later than 15 days after the notice is received;

Except as otherwise necessary to refer an alleged violation for the commencement of a civil action or prosecution pursuant to paragraph (d) or (e), respectively, of subsection 3, information and documents obtained by or filed with the Secretary of State in - *AB72_R1* – 23 – connection with an investigation concerning a possible violation of this chapter are not public information and are confidential.

If, pursuant to NRS 240A.123, as amended by section 9 of this act, a business entity files with the Secretary of State a cash bond or surety bond on behalf of an independent contractor of the business entity and the independent contractor is not required to file any other cash bond or surety bond with the Secretary of State pursuant to NRS 240A.120, as amended by section 8 of this act, 240A.123, as amended by section 9 of this act, or section 5.5 of this act, the Secretary of State shall:

(a) Return a cash bond filed by the independent contractor effective date of section 8 of this act.n existed before the (b) Allow the release of a surety bond filed by the independent contractor pursuant to NRS 240A.120, as that section existed before the effective date of section 8 of this act.

(b) Allow the release of a surety bond filed by the independent contractor pursuant to NRS 240A.120, as that section existed before the effective date of section 8 of this act.

- 83rd Session (2025) – 24 – 3.

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