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What are the requirements for registration?

Applicant information and history, business information, background check and a cash or surety bond in the amount of $50,000.

Is there an application fee?

No, there is no application fee.  Applicants will be responsible for any costs for fingerprinting and background check as well as the costs for obtaining a surety bond.

Is a background check required as part of the application process?

Yes, it is mandatory. You must submit your fingerprints to the Central Repository for Nevada Records of Criminal History. Once you submit your application, you will be provided instructions as to how to submit your fingerprints. Failure to follow these instructions may result in your fingerprint application being rejected and will delay the process reviewing your application for registration. It may take 6-8 weeks for the fingerprinting/background check to be completed. For additional information relating to fingerprints, please visit http://nvrepository.state.nv.us/criminal.shtml.  

Am I required to have a State business license?

All business owners and independent contractors must possess an active State business license. A W-2 Employee is not required to possess a State business license. If you are a W-2 employee, on the application, you will be required to provide the State business license number issued to your employer.

Does a registrant have to display the State business license?

Yes, each registrant must display conspicuously in the place of business a copy of the State business license issued to the registrant or the registrant’s employer, as applicable, by the Secretary of State and any business license issued to the registrant or the registrant’s employer, as applicable, by a local government in this State.

How do I file my application for registration?

The application must be completed and submitted online. The application can be found at nvsos.gov under the Licensing Center. It is important that you review the requirements of licensure before beginning the application process so that you can complete all the required fields.

You will need to first create a secure login.

How do I create a log-in?

Click on this link to create new login account. Fill in your requested user account information and click the Save button. Next, go to your email account. You will receive a notice from the Secretary of State’s office (SOSWebAccountNotifie@sos.nv.gov) that your account needs to be activated. (Hint, if you don’t see an email in your inbox, check your junk or spam folder), then click Activate My Account.

You are now ready to log into the Document Preparation Services Online registration Application using your email and password.

How long does it take to process my application for registration?

It can take 8-10 weeks to process an application depending on volume of applications and completeness of applications. The fingerprinting/background check portion of the application process may take 45 days to process once received by the Repository.

I submitted my application online, what do I do next?

Once you submit your application, you will receive a confirmation email that your application has been received. This email will contain instructions on how to submit your fingerprints to the Central Repository for Nevada Records of Criminal History.

Where can I get my fingerprints done?

You can use either a Law enforcement fingerprinting site or a private fingerprinting site. Click here to see the list of sites.

What documents do I need to get my fingerprints done and submitted?

You must complete a Fingerprint Request form and take it with you to the fingerprinting site. Click here to access form.

What does the fingerprint card look like? Is specific information required?

Yes, specific information is required on the fingerprint card in order to make sure it is processed correctly. Click here to download a sample card with the required information.

Where do I send the fingerprint card and payment for processing?

Once your fingerprints are completed, send the fingerprint card AND payment by money order or cashier's check for $40.00 (only if the place of business where you had your fingerprints taken does not include the $40.00 for the Department in their fees) made payable to the Department of Public Safety Records Bureau to:

Department of Public Safety
General Services Division
Attn: Fingerprint Support Unit
333 West Nye Lane, Suite 100
Carson City, Nevada 89706

If any of the above items are missing or incomplete, the request will not be processed and will cause delays or rejection of your application.

What forms of payment can I use to submit my fingerprints the Department of Public Safety?

The Department will only accept payment by money order or cashier’s check made payable to the Department of Public Safety Records Bureau in the amount of $40.00 (forty dollars).

What is the total cost of fingerprinting?

There are two costs fingerprinting and processing. The Department of Public Safety charges $40.00 for processing a fingerprint card. The other cost, the administrative fee for getting your fingerprints, is set by the individual fingerprinting sites.

When should an applicant for registration as a document preparation service obtain and submit the required $50,000 surety bond or cash bond?

Once your application has been preliminarily approved, you will receive an email from the Office of the Secretary of State stating that review of your application is complete and in order to be issued a Certificate of Registration, you must submit either a $50,000 surety bond or a $50,000 cash bond.

How do I obtain a surety bond?

We recommend you contact your insurance agent for assistance and guidance in obtaining a surety bond. The bond must be executed by the registrant as principal and by a surety company qualified and authorized to do business in this State.

Is there anything in particular about the surety bond that I must provide to the surety company or insurance agent?

Yes, Nevada Revised Statutes Chapter 240A.120 provides specifics regarding the bond. It states that a registrant shall file with the Secretary of State a cash bond or surety bond in the penal sum of $50,000 which is conditioned to provide:
(a) Indemnification to a client or any other person who is determined in an action or proceeding to have suffered damage as a result of:
(1) An act or omission of the registrant, or an agent or employee of the registrant, which violates a provision of this chapter or a regulation or order adopted or issued pursuant thereto;
(2) A wrongful failure or refusal by the registrant, or an agent or employee of the registrant, to provide services in accordance with a contract entered into pursuant to NRS 240A.190;
(3) The fraud, dishonesty, negligence or other wrongful conduct of the registrant or an agent or employee of the registrant; or
(4) An act or omission of the registrant in violation of any other federal or state law for which the return of fees, an award of damages or the imposition of sanctions have been awarded by a court of competent jurisdiction in this State; or
(b) Payment to the Secretary of State for any civil penalty or award of attorney’s fees or costs of suit owing and unpaid by the registrant to the Secretary of State pursuant to this chapter.

What is the cost of the surety bond?

The Secretary of State does not regulate the price for securing a bond. The price is set by the marketplace and the surety companies who issue the bonds.

How long is the bond in effect?

The bond must cover the period of the registration of the registrant, except when the surety is released in accordance with this section. A registrant must maintain a bond while the registration is in effect or while a proceeding to suspend or revoke a registration is pending.

What happens if the bond is exhausted?

If the penal sum of the bond is exhausted, the surety shall give written notice to the Secretary of State and the registrant within 30 days after its exhaustion.

When may a bond be released?

The surety may be released after giving 30 days’ written notice to the Secretary of State and the registrant, but the release does not discharge or otherwise affect any claim resulting from an act or omission which is alleged to have occurred while the bond was in effect.

What if I don’t wish to purchase or cannot get a surety bond?

In lieu of the surety bond requirement, a registrant may deposit fifty thousand dollars ($50,000) in cash (cash bond) with the Secretary of State’s office.

What is the requirement for payment of a cash bond?

If a registrant wants to file a cash bond, you must submit cashier’s check in the full amount of $50,000 payable to the State of Nevada, Office of the Secretary of State. Along with the cash bond, you must submit a Cash Bond deposit form.

If I file a cash bond and I am no longer registered, how long does the State retain the bond before it can be released?

The Secretary of State may retain the bond until the expiration of 3 years after the date the registrant has ceased to do business, or 3 years after the date of the expiration or revocation of the registration, to ensure that there are no outstanding claims against the bond. A court of competent jurisdiction may order the return of the bond, or any part of the bond, at an earlier date upon evidence satisfactory to the court that there are no outstanding claims against the bond or that the part of the bond retained by the Secretary of State is sufficient to satisfy any outstanding claims.

Do I earn interest on the cash bond?

Yes, if a registrant files a cash bond, any interest accrued on the cash bond must accrue to the account of the depositor.

If my bond is canceled, exhausted or released, how is my registration affected?

The registration of a registrant is suspended by operation of law when he or she is no longer covered by a bond or the penal sum of the bond is exhausted. If the Secretary of State receives notice pursuant to subsection 3 that the penal sum of a surety bond is exhausted or that the surety is being released, the Secretary of State shall immediately notify the registrant in writing that his or her registration is suspended by operation of law until another bond is filed in the same manner and amount as the former bond.

Why do I have to provide information regarding child support?

Nevada revised statutes Chapter 240A.140 meets the State’s requirement to comply with federal law. 42 U.S.C. § 666, requires each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.

What if I fail to provide this information?

You application will be rejected.

Can my registration be suspended if I am found to be in violation for failure to pay child support or comply with certain subpoenas or warrant?

Yes, if the Secretary of State receives a copy of a court order that provides for the suspension of all professional, occupational and recreational licenses, certificates or permits issued to a natural person who is a registrant, the office shall suspend the registration at the end of the 30th day after the date on which the court order was issued unless the Secretary of State receives a letter issued to the registrant by the district attorney or other public agency stating that the registrant has complied with the subpoena or warrant or has satisfied the arrearage.

Will I receive a registration number?

Yes. If an applicant is approved as a document preparation service, he or she will be issued a Certificate of Registration which will contain a unique number.

Can I be denied from registering or my application be rejected?

Yes. If a review of your application and background check reveals that the applicant has failed to demonstrate having met the requisite requirements of NRS Chapter 240A .100 and the Nevada Administrative Code 240A. The Secretary of State’s office will provide the applicant with a written notice indicating the reason for denial.

If I am approved for registration, how long is my registration good for?

If granted, a certificate of registration shall be effective for a period of one year. Thereafter, a registrant shall file a renewal application annually.

When must I submit my application to renew the certificate of registration?

You must submit your renewal application at least 30 days prior to the date of expiration.

Is there a grace period for submitting renewal application?

No, per the Nevada Administrative Code 240A, a registrant who fails to renew his or her certificate is not authorized to engage in the business as a document preparation service after the expiration of the certificate. If a person is found to be conducting a document preparation service with an expired certificate, he or she is subject to penalties prescribed in NRS 240A.290.

What happens if I don’t register? Are there any penalties?

Yes, if the Secretary of State obtains information that a provision of this chapter or regulation or order adopted or issued has been violated by a registrant or another person the office may conduct an investigation of the violation. The violator may be subject to the penalties prescribed in NRS 240A.260-290.

Are there any conditions under which my registration can be suspended or revoked?

Yes. The Secretary of State can revoke or suspend the registration of any person who violates a provision NRS 240A or a regulation or order adopted or issued. A suspension or revocation may be imposed only after a hearing. However, the Secretary of State shall immediately revoke the registration of a registrant upon the receipt of an official document or record showing: the entry of a judgment or conviction; or the occurrence of any other event that would disqualify the registrant from registration pursuant to subsection 2 of NRS 240A.100.

Last updated: 7/1/2014 3:41:25 PM