NV Notary - Nevada Notary Electronic and Remote Notarization Questions and Answers 1 — Questions and Answers
Question 1: A Nevada electronic notary must create an audio-visual recording of every remote online notarization (RON). For how long must the notary retain this recording?
- For the duration of the notary's current commission.
- For a minimum of 10 years after the date of the notarization. (Correct answer)
- For exactly 5 years, after which it must be securely destroyed.
- Indefinitely, or until the notary resigns their commission.
Correct answer: For a minimum of 10 years after the date of the notarization.
Nevada law specifies a distinct and lengthy retention period for the audio-visual recordings of remote notarizations to ensure a durable record of the transaction exists. NRS 240.1995 was amended to require a 10-year retention period for the recording.
Question 2: During a remote online notarization for a signer not personally known to the notary, Nevada law requires a multi-step, technology-based identity verification process. This process includes credential analysis and what other required component?
- A live interview with a credible witness who is also on the call.
- The signer emailing a copy of their Social Security card to the notary.
- Knowledge-based authentication (KBA). (Correct answer)
- A sworn affidavit of identity signed by the individual's employer.
Correct answer: Knowledge-based authentication (KBA).
For a remotely located individual, Nevada law requires identity to be established through a two-part process using an approved RON platform. This involves 1) remote presentation of a government-issued ID that undergoes credential analysis, and 2) the signer successfully passing a knowledge-based authentication (KBA) quiz.
Question 3: Which of the following statements is TRUE regarding the physical location of the notary and the signer during a remote online notarization authorized under Nevada law?
- Both the notary and the signer must be physically located within Nevada.
- The notary must be physically located in Nevada, but the signer can be located anywhere in the world. (Correct answer)
- The signer must be physically located in Nevada, but the notary can perform the act from any U.S. state.
- As long as the notary holds a Nevada commission, both parties can be physically located anywhere.
Correct answer: The notary must be physically located in Nevada, but the signer can be located anywhere in the world.
NRS 240.1992 specifies that an electronic notary public must be physically present in Nevada at the time of performing the notarial act. The law places no geographical restriction on the location of the signer, who may be in another state or country.
Question 4: A Nevada electronic notary's electronic seal must contain the same information as a traditional rubber stamp. What additional action must happen to an electronic document after the notary's electronic seal and signature are applied to complete a RON?
- The document must be printed and a wet signature must be added.
- A copy of the document must be immediately emailed to the Secretary of State.
- The document must be rendered tamper-evident. (Correct answer)
- The notary must mail an embossed version of their seal to the signer.
Correct answer: The document must be rendered tamper-evident.
According to NAC 240.705, after the electronic seal and signature are affixed or logically associated with the electronic document, the document must be made 'tamper-evident.' This means that any subsequent changes to the document will be apparent, which protects the integrity of the notarized record.
Question 5: For a remote online notarization in Nevada, which of the following is a required entry in the notary's electronic journal that is NOT required for a standard, in-person paper notarization?
- The fee charged for the notarial act.
- A notation indicating that the notarial act was performed using audio-video communication. (Correct answer)
- The title of the document being notarized.
- The date and time of the notarization.
Correct answer: A notation indicating that the notarial act was performed using audio-video communication.
While most journal requirements are the same, Nevada law specifically requires the electronic journal to indicate when an act was performed remotely. NAC 240.705 requires a notation, such as 'Notarial act performed by audio-video communication,' be placed adjacent to the seal or in the certificate, and NRS 240.201 requires the journal to specify if the act was performed using audio-video communication.
Question 6: An individual is registering to become an electronic notary public in Nevada. Which of the following is a mandatory prerequisite for this registration?
- Holding an active commission as a traditional Nevada Notary Public. (Correct answer)
- Having at least five years of experience as a traditional notary.
- Passing a criminal background check specifically for electronic notarization.
- Being a certified computer technician.
Correct answer: Holding an active commission as a traditional Nevada Notary Public.
In Nevada, registration as an electronic notary public is an enhancement to a traditional commission, not a separate class of commission. Therefore, a person must first be an active, commissioned Nevada Notary Public in good standing before they can apply to perform electronic or remote notarizations.
NV Notary - Nevada Notary Electronic and Remote Notarization Questions and Answers 1
A Nevada electronic notary must create an audio-visual recording of every remote online notarization (RON).
For how long must the notary retain this recording?