Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 240.065 - Restrictions on powers of notary public; exceptions1. A notary public may not perform a notarial act if:(a) The notary public executed or is named in the instrument acknowledged, sworn to or witnessed or attested;(b) Except as otherwise provided in subsections 2 and 3, the notary public has or will receive directly from a transaction relating to the instrument or pleading a commission, fee, advantage, right, title, interest, property or other consideration in excess of the fee authorized pursuant to NRS 240.100 for the notarial act;(c) The notary public and the person whose signature is to be acknowledged, sworn to or witnessed or attested are domestic partners; or(d) The person whose signature is to be acknowledged, sworn to or witnessed or attested is a relative of the domestic partner of the notary public or a relative of the notary public by marriage or consanguinity.2. A notary public who is an attorney licensed to practice law in this State may perform a notarial act on an instrument or pleading if the notary public has or will receive directly from a transaction relating to the instrument or pleading a fee for providing legal services in excess of the fee authorized pursuant to NRS 240.100 for the notarial act.3. A notary public who is registered to engage in the business of a document preparation service may perform a notarial act on a document if the notary public has received or will receive directly from a transaction relating to the document a fee for providing document preparation services in addition to the fee authorized pursuant to NRS 240.100 for the notarial act.4. As used in this section, "relative" includes, without limitation:(a) A spouse or domestic partner, parent, grandparent or stepparent;(b) A natural born child, stepchild or adopted child;(c) A grandchild, brother, sister, half brother, half sister, stepbrother or stepsister;(d) A grandparent, parent, brother, sister, half brother, half sister, stepbrother or stepsister of the spouse or domestic partner of the notary public; and(e) A natural born child, stepchild or adopted child of a sibling or half sibling of the notary public or of a sibling or half sibling of the spouse or domestic partner of the notary public.Added to NRS by 1985, 1205; A 1995, 192; 1997, 935; 2005, 67; 2013, 1376; 2021, 934Amended by 2021, Ch. 200,§1, eff. 7/1/2021.Amended by 2013, Ch. 293,§33, eff. 1/1/2014.Added to NRS by 1985, 1205; A 1995, 192; 1997, 935; 2005, 67