Struck = removed from the bill ·
added = the amendment's new text.
AssemblySession Bill(83rd) A AB72 229 Amendment No.
72–Committee229 onAssembly GovernmentAmendment Affairsto CHAPTER..........Assembly Bill No.
72 (BDR 19-485) Proposed by:
Assembly Committee on Government Affairs Amends:
Summary:
No Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
JWC/BJF - Date:
4/21/2025 A.B.
No.
72—Revises provisions relating to notaries public and document preparation services.
(BDR 19-485) Page 1 of 19 *A_AB72_229* Assembly Amendment No.
229 to Assembly Bill No.
72 Page 3 A SSEMBLY B ILLN O.
72–COMMITTEE ON GOVERNMENT A FFAIRS (ON B EHALF OF THE SECRETARY OF S TATE) PREFILED NOVEMBER 20,2024 _______________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to notaries public and document preparation services.
(BDR 19-485) FISCAL NOTE:
Effect on Local Government:
Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
[prohibiting a notary public from performing a notarial act under certain circumstances;] authorizing a notarial officer to refuse to perform a notarial act under certain circumstances;
LegiExistingLegislative lawCounsel’s authorizesDigest: the Secretary of State to adopt regulations:
Existing law authorizes the Secretary of State to adopt regulations:
Section 4 of this bill authorizes the Secretary of State to impose certain sanctions against a notary public who violates any regulation adopted pursuant to the provisions of existing law governing notaries public, including, without limitation, any code of professional responsibility adopted pursuant to section 2.
In addition, under existing law, a person who willfully violates such a code would be guiltygExisting oflaw aprohibits categorycertain Dacts felonyby ifa irreparablenotary harmpublic. results.
(NRS 240.175)240.075) ExistingSection law3 prohibitsof certainthis actsbill by[additionally prohibits] authorizes a [notary public from performing] notarial officer to refuse to perform a notarial act if the notary public.[public has reason to believe that the person whose signature is to be acknowledged, sworn to or witnessed or attested does not know or Assembly Amendment No.
(NRS229 240.075) Section 3 of this bill authorizes a notarial officer to refuseAssembly toBill performNo. a notarial act if the competent or has capacity to execute the document;
72 Page 4 understand the act he or she is performing or the effect of that act.
Under existing law, a person who violates that prohibition would be subject to administrative sanctions.
Under existing law, if a person willfully violates that prohibition and irreparable harm results, the person would be guilty of a category D felony.
(NRS 240.175)] officer is not satisfied that:
(1) the person executing the document is competent or has capacity to execute the document;
Section 3 furthercircumstances authorizeswhere such refusal is not prohibited.perform a notarial officeract tounder refuseother Existing law authorizes an electronic notary public to perform aelectronic notarial actacts underusing otheraudio-video circumstancescommunication whereif suchthe refusalelectronic notary public is notphysically prohibited.present in the State.
Existing(NRS law240.198, authorizes240.1993) Section 5 of this bill clarifies that an electronic notary public tois performprohibited electronicfrom notarialperforming actsan usingelectronic audio-videonotarial communicationact ifunless thehe electronicor notaryshe public is physically present in the State.
(NRSUnder 240.198,existing 240.1993)law, Sectionthe 5Secretary of thisState billwould notarialbe actauthorized unlessto heimpose orsanctions sheagainst isa presentnotary inpublic who violates the State.provisions of section 5.
Under existing law, theectronic Secretary of State would be authorized to impose sanctions against a notary public who violates the provisions of section 5.
(NRS more240A.120) employeesHowever, whoexisting performlaw: document preparation services to file such a bond onor - 83rd Session (2025) – 2 – behalf of all such employees;
and(1) (2)authorizes exempts the employees of a business entity that fileshas suchone aor bondmore fromemployees thewho requirementperform document preparation services to file theirsuch owna bonds.bond on behalf of all such employees;
(NRSand 240A.123)(2) Sectionsexempts 5.3-5.7the employees of thisa billbusiness authorizeentity that files such a registrantbond whofrom the requirement to file performs document preparation services under more than one business entity to file oneoneo bond for each such business entity and establish the amount of such a bond on the number of business entities under which the registrant performs document preparation services.
Section 8 of this bill [requires each registrant who files a bond on behalf of himself or herself to file a separate bond for each entity under which he or she performs document preparation services, thereby prohibiting such] makes a conforming change to allow a registrant [from performing] to perform document preparation services [for] under multiple entities under one bond.
[Section] Sections 9 and 9.5 of this bill authorize[removes the discretion for a business entity that employs one or more persons who provide document preparation services to not file such a cash or surety bond on behalf of itssuch independentemployees contractorsif whoeach provideemployee documentinstead preparationfiles services.such a bond on his or her own behalf.
SectionsSection 69 andthereby 7requires ofeach thissuch] billauthorize requirea anbusiness applicantentity forto thefile issuancesuch ora renewalbond ofon registrationbehalf asof aits document[employees,] preparationindependent servicecontractors towho provide adocument listpreparation ofservices. each entity under following calendar year.
registration as a document preparation service to provide [:
(1)] a list of each entity under which the applicant intends to [provide] perform document preparation services [;
and (2) for each such entity, proof that the required bond has been filed.] during the following calendar year.
(NRS 240A.270) Additionally, a registrant who willfully violates that prohibition [or a business entity that willfully fails to file a bond where required by section 9] is subject to certain criminal penalties.
(NRS 240A.290) Existing law authorizes the Secretary of State to conduct or cause to be conducted an investigation if the Secretary of State obtains information that a provision of law, regulation or order relating to document preparation services has been violated.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516,Assembly 62E.620,Amendment 62H.025,No. 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, - 83rd Session (2025) – 3 – 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300,8.570, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 240A.260, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153,.9685, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, - 83rd Session (2025) – 4 – 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480,, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.
229 to Assembly Bill No.
72 Page 5 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 240A.260, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, Assembly Amendment No.
229 to Assembly Bill No.
72 Page 6 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.
This section does not supersede or in any manner affect the - 83rd Session (2025) – 5 – federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
A governmental entity may not reject a book or record whi3.which is copyrighted solely because it is copyrighted.
isA3. governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
or (2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from inf5.matAninformation officer,that employeeis ornot agentotherwise ofconfidential. a governmental entity who has legal custody or control of a public record:
Assembly Amendment No.
229 to Assembly Bill No.
72 Page 7 5.
An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
-(b) 83rdEstablishing Sessionprocedures (2025) – 6 – electronic signatures.ocedures for the notarization of digital or (c)electronic Establishingsignatures. 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 [5.]promotional (e)statement. 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.
As used in this subsection, “depository institution” has the meaning asc[11.]ascribed (k) Affix his or her stamp to anyit documentin whichNRS does657.037. not contain a notarial certificate.
2.[11.] (k) Affix his or her stamp to any document which does not contain a notarial certificate.
[12.
Perform a notarial act if the notary public has reason to believe that the person whose signature is to be acknowledged, sworn to or witnessed or attested does not know or understand the act that he or she is performing or the effect thereof, even after the notary public has explained the notarial act, the process for performing the notarial act and the effect of the notarial act.] 2.
(a)Assembly TheAmendment personNo. executing the record is competent or has the capacity to execute the record;
229 to Assembly Bill No.
72 Page 8 (a) The person executing the record is competent or has the capacity to execute the record;
-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 scopemisconduct of his or her employment at the time the notary publicpublic, engagedif: 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 par(a)paragraph The(c) appointment of thesubsection notary2 public may be suspended for a period determined by the Secretary of State,NRS but240.010: not exceeding the time remaining on the appointment;
(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 sus(b)suspension; 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;
Sec.Assembly Amendment No.
229 to Assembly Bill No.
72 Page 9 Sec.
or (c) (1)Outside The electronic notary public has no actual knowledge of the electronicUnited notarialStates actif: 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;
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 inthein accordance with a contract entered into pursuant to NRS 240A.190;
or (b)Assembly PaymentAmendment toNo. 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.
-229 83rdto SessionAssembly (2025)Bill –No. 10 – 3.
No72 partPage of10 a(b) bondPayment filedto pursuantthe toSecretary thisof sectionState mayfor beany withdrawncivil whilepenalty theor registrationaward of theattorney’s registrantfees whoor performscosts documentof preparationsuit servicesowing underand unpaid by the registrant or the sole proprietorship or business entity remains in effect, or while a proceeding to suspendthe orSecretary 4.vokIfof aState surety bond is filed pursuant to subsectionthis 1:chapter.
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 revoke the registration is pending.
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.
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.
8.Assembly Amendment No.
229 to Assembly Bill No.
72 Page 11 8.
under4. 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.
-(a) 83rdWho Sessionis (2025)suspended –or 12has –previously practice of law in any jurisdiction;ously been disbarred from the (b)practice Whoseof registrationlaw as a document preparation service in thisany Statejurisdiction; 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 otherfother law jurisdiction;
[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;
and (c) [For each business entity or sole proprietorship listed pursuant to paragraph (b), a] A cash bond or surety bond meeting the requirements of NRS 240A.120 or section 5.3 of this act, as applicable, or proof that the applicant is covered by a bond filed by a business entity pursuant to NRS 240A.123.
StateAssembly aAmendment declarationNo. 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.
229 to Assembly Bill No.
72 Page 12 4.
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 - 83rd Session (2025) – 13 – maintain a record of the name and registration number ofunique eachlto that registrant.
The Secretary of State shall maintain a record of the name and registration number of each registrant.
(b)(a) A listrenewal fee of each$50; business entity or sole proprietorship under which the applicant intends to perform document preparation services during the following calendar year;
and[and] (c)(b) A cashlist bond or surety bond meeting the requirements of NRSeach 240A.120business entity or sectionsole 5.5proprietorship ofunder thiswhich act, as applicable, proof that the applicant is[performs] coveredintends by a bond filed by a business entity pursuant to NRSperform 240A.123,document unlesspreparation theservices bond[;] previouslyduring filed by the registrantfollowing remainscalendar onyear; file and in effect.
and (c) [For each entity listed pursuant to paragraph (b), a] A cash bond or surety bond meeting the requirements of NRS 240A.120 or section 5.5 of this act, as applicable, proof that the applicant is covered by a bond filed by a business entity pursuant to NRS 240A.123, unless the bond previously filed by the registrant remains on file and in effect.
(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 todeems forwardappropriate. 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 83rdshall Sessionrenew (2025)the –registration 14if –the registrant is qualified for registration and has complied with the requirements of this section.rsection. Sec.
Sec.
Except as otherwise provided in NRS 240A.123 and 240A.125, a registrant shall file with the Secretary of State [for each business entity or sole proprietorship under which he or she performs or intends to perform document preparation services] a cash bond or surety bond .
Except as otherwise provided in section 5.7 of this act, the cash bond or surety bond must be inAssembly theAmendment penalNo. sum of $25,000 which is approved as to form by the Attorney General and conditioned to provide:
229 to Assembly Bill No.
72 Page 13 in the penal sum of $25,000 which is approved as to form by the Attorney General [.] and [Each cash bond or surety bond must be] conditioned to provide:
(2) A wrongful failure or refusal by the registrant, or an agent or employee of the registrant, to provide services in accorda(3)accordance Thewith fraud,a dishonesty,contract negligenceentered orinto otherpursuant wrongful90;to 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 State.uretyby a surety company qualified and authorized to do business in this (b)State. 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 daysgive 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 registrant,registrant butwithin the30 releasedays doesafter notits dischargeexhaustion. or otherwise affect any claim resulting from an act or omission which is alleged to have occurred while the bond was in effect.
(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 Stateis shallexhausted immediatelyor notifythat the registrantsurety in writing that his or her registration is suspendedbeing byreleased, operationthe Secretary of lawState untilshall anotherimmediately bondnotify isthe filedregistrant in thewriting samethat mannerhis andor amounther asregistration theis formerAssembly bond.Amendment No.
229 to Assembly Bill No.
72 Page 14 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 83rdperform Sessiondocument (2025)preparation –services 16[may] –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.
(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 aora registrant employed or contracted by the business entity to the Secretary of State pursuant to this chapter.
-(a) 83rdExcept Sessionas (2025)otherwise –provided 17in –subsection 6, the bond must be executed by the business entity as principal and by a suretyustsurety company qualified and authorized to do business in this State.
(c)Assembly TheAmendment suretyNo. 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.
229 to Assembly Bill No.
72 Page 15 (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 bondbond. 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 83rdpursuant Sessionto (2025)subsection –5 18that –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.
chapter,10. 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)Assembly IfAmendment theNo. 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 125 registrants to perform document preparation services, $100,000;
229 to Assembly Bill No.
72 Page 16 (c) If the business entity employs or contracts with at least 26 but not more than 75 registrants to perform document preparation services, $75,000;
(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 temporaryytemporary or seasonal basis.
and (b) Any payment must be based on written claims received by the surety before any action is taken by a court.scourt. 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:
or (3)Assembly AAmendment falseNo. or misleading statement to a client if the registrant knows that the statement is false or misleading or knows that the registrant lacks a sufficient basis for making the statement.
(c)229 Exceptto asAssembly otherwiseBill providedNo. 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 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:
72 Page 17 (3) A false or misleading statement to a client if the registrant knows that the statement is false or misleading or knows that the registrant lacks a sufficient basis for making the statement.
(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.120 or] 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.
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,dperson, the Secretary of State may conduct or cause to be conducted an investigation of the alleged violation.
If, within a reasonable period of time, a registrant fails to provide the Secretary of State with any information requested by the Secretary of State during anAssembly investigationAmendment ofNo. an alleged violation by the registrant, the Secretary of State may suspend or refuse to renew the registration of the registrant.
229 to Assembly Bill No.
72 Page 18 an investigation of an alleged violation by the registrant, the Secretary of State may suspend or refuse to renew the registration of the registrant.
The order must notify the person that any willful violation of the order may subject the person to prosecution and criminal penalties -pursuant 83rdto Session (2025) – 22 – and NRS 240A.280.40A.290240A.290 and penalties pursuant to this section (b)and IfNRS a240A.280. registrant has committed the violation:
(b) If a registrant has committed the violation:
(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 Secretarytaken ofagainst State determines that the alleged violation occurred;the (4) A statement that the document preparation service or other person mustif respond to the noticeSecretary notof laterState thandetermines 15that days after the noticealleged isviolation received;occurred;
(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;
7.Assembly Amendment No.
229 to Assembly Bill No.
72 Page 19 7.
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 [employee] independent contractor of the business entity and the [employee] 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, [or] 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 [employee] 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 [employee] 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.
Sections 2, 4, [6] 5.3 to 10, inclusive, and 12 of this act become effective:
~~~~~ 25 - 83rd Session (2025)