Duty to keep electronic journal of electronic notarial acts; suspension of registration for failure to produce electronic journal entry; period of retention of notarial records upon surrender, revocation or expiration of registration.

1. Law
2. Nevada Revised Statutes
3. Notaries Public and Commissioned Abstracters
4. Duty to keep electronic journal of electronic notarial acts; suspension of registration for failure to produce electronic journal entry; period of retention of notarial records upon surrender, revocation or expiration of registration.

1. An electronic notary public shall keep an electronic journal of each electronic notarial act which includes, without limitation, the requirements of subsections 1 and 5 of NRS 240.120, but does not include the electronic signatures of the person for whom the electronic notarial act was performed and any witnesses.

2. An electronic notary public who performs electronic notarial acts shall:

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

(b) Maintain and protect the electronic journal at all times under his or her sole control; and

(c) Provide for lawful inspection and copying of the electronic journal.

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

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

5. An electronic journal must:

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

(b) Be capable of providing tangible or electronic copies of any entry made therein.

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

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

8. As used in this section, "sole control" means being in the direct physical custody of or safeguarded by an electronic notary public with a password or other secure means of authentication.

(Added to NRS by 2009, 3024; A 2011, 1613; 2017, 84, 3454, 3457)

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