Section 240.722 - Solution provider: Requirements for registration; notice to Secretary of State of change in electronic notarization solution1. 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 ;(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.Nev. Admin. Code § 240.722
Added to NAC by Sec'y of State by R065-19A, eff. 12/18/2019