1. The
Secretary of State will register a solution provider if the electronic
notarization solution provided by the solution provider meets all of the
following requirements:
(a) Provides secure
access to the electronic notarization solution by password or another secure
means that identifies the electronic notary public accessing the electronic
notarization solution.
(b) Uses a
registry of persons registered as electronic notaries public maintained by the
Secretary of State, if any, to verify that the registration of an electronic
notary public logging into the electronic notarization solution to perform an
electronic notarial act is in active status and prohibits a person whose
registration as an electronic notary public is not in active status, as
indicated in the registry maintained by the Secretary of State, if any, from
beginning or completing an electronic notarial act using the electronic
notarization solution.
(c) Provides
for uninterrupted, continuous and simultaneous audio-video communication
between an electronic notary public and a principal.
(d) Provides audio-video communication with a
video resolution and audio quality that ensures that:
(1) An electronic notary public and a
principal are able to see, hear and communicate with each other in real time;
and
(2) An electronic notary public
is able to match the appearance of a principal with the credential presented by
the principal.
(e)
Provides a secure communication link for audio-video communication that ensures
that only the parties to an electronic notarial act and those persons
authorized by each party to the electronic notarial act are part of the
audio-video communication.
(f)
Provides an electronic journal of electronic notarial acts that complies with
the provisions of this chapter and chapter 240 of NRS governing the requirement
for an electronic notary public to keep an electronic journal of each
electronic notarial act.
(g)
Provides for the recording of an electronic notarial act performed by
audio-video communication that complies with
NRS
240.1995 and sections 25 to 28, inclusive and
that is of sufficient quality to ensure verification of the recorded electronic
notarial act.
(h) Is capable of
confirming that an electronic document presented for the performance of an
electronic notarial act is the same electronic document on which the electronic
notarial act was performed.
(i)
Enables an electronic notary public to affix the wording of a notarial
certificate required by
NRS 240.1655,
240.166
to
240.167,
inclusive, 240.1685 or 240.169, as applicable, and the electronic notary seal
of the electronic notary public.
(j) Enables a person viewing an electronic
document on which an electronic notarial act was performed to view the
electronic signature and electronic seal of the electronic notary public who
performed the electronic notarial act.
(k) Provides a method for determining whether
an electronic document on which an electronic notarial act was performed has
been altered after the electronic seal of the electronic notary public who
performed the electronic notarial act has been affixed to the electronic
document and the electronic notarial act was completed.
(l) Prevents unauthorized access to:
(1) An audio-video communication between an
electronic notary public and a principal;
(2) The recording of an electronic notarial
act required by
NRS
240.1995 for an electronic notarial act
performed using audio-video communication;
(3) Any personally identifying information
used in a credential analysis, in identity proofing or in any other part of an
audio-video communication, including, without limitation:
(I) A method of credential analysis and the
output of that analysis;
(II) Any
credential presented to an electronic notary public;
(III) The questions and answers used to
conduct a dynamic knowledge-based authentication assessment pursuant to
NRS
240.1997 and section 22 ;
(IV) Birthdates; and
(V) Social security numbers; and
(4) The electronic document on
which an electronic notarial act was performed.
(m) Provides a method for generating a paper
copy of the electronic journal of an electronic notary public and an electronic
document on which an electronic notarial act was performed, including, without
limitation, the electronic notarial certificate for the electronic document,
the electronic signature and electronic seal of the electronic notary public
who performed the electronic notarial act and any other document associated
with the electronic document.
2. If there is any change in an electronic
notarization solution provided by a solution provider that affects the ability
of an electronic notary public to comply with the requirements of this chapter
or chapter 240 of NRS when performing an electronic notarial act, the solution
provider must notify the Secretary of State of the change. Upon receiving
notice of the change, the Secretary of State will determine whether the
electronic notarization solution continues to satisfy the requirements of this
chapter and chapter 240 of NRS. If the Secretary of State determines that the
electronic notarization solution no longer satisfies the requirement of this
chapter and chapter 240 of NRS, an electronic notary public must not use the
electronic notarization solution to perform an electronic notarial act in this
State.
3. As used in this section,
"real time" means the actual span of uninterrupted, simultaneous communication
during which all parts of an electronic notarial act using audio-video
communication occur.
Added to NAC by Sec'y
of State by
R065-19A,
eff. 12/18/2019
