Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 240.085 - Advertisements in language other than English to contain notice if notary public is not an attorney; use of certain non-English terms in advertisements prohibited; penalties1. Every notary public who is not an attorney licensed to practice law in this State and who advertises his or her services as a notary public in a language other than English by any form of communication, except a single plaque on his or her desk, shall post or otherwise include with the advertisement a notice in the language in which the advertisement appears. The notice must be of a conspicuous size, if in writing, and must appear in substantially the following form: I AM NOT AN ATTORNEY IN THE STATE OF NEVADA. I AM NOT LICENSED TO GIVE LEGAL ADVICE. I MAY NOT ACCEPT FEES FOR GIVING LEGAL ADVICE.
2. A notary public who is not an attorney licensed to practice law in this State shall not use the term "notario," "notario publico," "licenciado" or any other equivalent non-English term in any form of communication that advertises his or her services as a notary public, including, without limitation, a business card, stationery, notice and sign.3. If the Secretary of State finds a notary public guilty of violating the provisions of subsection 1 or 2, the Secretary of State shall: (a) Suspend the appointment of the notary public for not less than 1 year.(b) Revoke the appointment of the notary public for a third or subsequent offense.(c) Assess a civil penalty of not more than $2,000 for each violation.4. Unless a greater penalty is provided pursuant to NRS 240.175, a notary public who is found guilty in a criminal prosecution of violating subsection 1 or 2 shall be punished by a fine of not more than $2,000.5. An employer of a notary public shall not:(a) Prohibit the notary public from meeting the requirements set forth in subsection 1; or(b) Advertise using the term "notario," "notario publico," "licenciado" or any other equivalent non-English term in any form of communication that advertises notary public services, including, without limitation, a business card, stationery, notice and sign, unless the notary public under his or her employment is an attorney licensed to practice law in this State.6. If the Secretary of State finds the employer of a notary public guilty of violating a provision of subsection 5, the Secretary of State shall:(a) Notify the employer in writing of the violation and order the immediate removal of such language.(b) Assess a civil penalty of not more than $2,000 for each violation.7. Unless a greater penalty is provided pursuant to NRS 240.175, the employer of a notary public who is found guilty in a criminal prosecution of violating a provision of subsection 5 shall be punished by a fine of not more than $2,000.Added to NRS by 1983, 307; A 1985, 1206; 2005, 68; 2015, 931, 2618; 2017, 1515Amended by 2017, Ch. 284,§1.3, eff. 10/1/2017.Amended by 2015, Ch. 449,§10, eff. 10/1/2015.Amended by 2015, Ch. 199,§5, eff. 7/1/2015.Added to NRS by 1983, 307; A 1985, 1206; 2005, 68