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The following is a brief description of the duties a notarial officer is authorized to conduct in the State of Nevada. (See NRS Chapter 240 for specific legal language.)

 Ceremonial Charters and Certificates

THIS IS A DOCUMENT

Application for Appointment as a Notary Public (PDF)

  1. Administer oaths or affirmations: The individual taking the oath or affirmation raises one's right hand while you, the notarial officer, state the words of the oath or affirmation. The oath taker then repeats these words back to you. In some cases a written statement must then be signed, and the notarial officer completes the document as required.

  2. Take acknowledgments: The document signer must present the document to you, the notarial officer, and acknowledge or declare (state) that he or she previously signed the document, or the document signer can sign the document in your presence. If the document is signed in a representative capacity -- for example, the person is an officer of a corporation -- the person must declare (state) to you that he or she signed the document with proper authority and executed it as the act of the person or entity represented.

    The following format and wording are sufficient for an acknowledgment in an individual capacity:

    State of Nevada
    County of ______________

    This instrument was acknowledged before me on
    ........(date)................by.............(name of person).......

    (Notary stamp)

    ________________________
    (Signature of notarial officer)

    The following format and wording are sufficient for an acknowledgment containing a power of attorney:

    State of Nevada
    County of ___________

    This instrument was acknowledged before me on
    .........(date).............. by...............(name of person receiving power of attorney)
    ............. as attorney in fact for ...........(name of principal/person whose name is in the document).................

    (Notary Stamp)

    _________________________
    (Signature of notarial officer)


    The following format and wording are sufficient for an acknowledgment in a representative capacity:

    State of Nevada
    County of ___________

    This instrument was acknowledged before me on
    ..........(date)......... by ..........(name(s) of person(s)).......... as ..........(type of authority, e.g. president, trustee, etc.).......... of ..........(name of party on behalf of whom instrument was executed)..........

    (Notary stamp)

    _______________________
    (Signature of notarial officer)

  3. Use of subscribing witness: If a document signer cannot personally appear before a notary, a subscribing witness may bring the document to the notary and swear or affirm that the signature is that of the document signer. The subscribing witness had to be present when the document was signed, and you are notarizing the subscribing witness' signature -- not the document signer's. This form of notarization can be used in those rare instances when the notary was not present at the time of signing. Only documents requiring an acknowledgment can be notarized through a subscribing witness. Any document requiring an oath or affirmation (like an affidavit) cannot be notarized in this manner.
    • To guard against fraud, you must personally know the subscribing witness.

    • You give the subscribing witness an oath in which he or she swears or affirms that the signature is that of the document signer's and then you complete a subscribing witness jurat. The subscribing witness then signs the jurat in your presence.


    The following format and wording are sufficient for a jurat of a subscribing witness:

    State of Nevada
    County of ___________

    On..........(date),..................(name of subscribing witness)......... personally appeared before me, whom I know to be the person who signed this jurat of a subscribing witness while under oath, and swears that he or she was present and witnessed .........(signer of the document)....... sign his or her name to the above document. ...................................... (Signature of subscribing witness)

    Signed and sworn before me on ......(date).... by ............( name subscribing witness).......

    (Notary Stamp)

    _________________________
    (Signature of notarial officer)


  4. Certify copies: As a notarial officer, you may photocopy a document if it is presented to you. The following language is then attached or stamped, if you have such a stamp, to each copy.

    State of Nevada
    County of ___________

    I certify that this is a true and correct copy of a document in the possession of .......(name of person)........................
    Dated __________

    (Notary Stamp)

    _________________________
    (Signature of notarial officer)


  5. Execute jurats or take a verification upon oath or affirmation: The jurat is that part of the document, such as an affidavit or verification, in which you as a notarial officer state that it was sworn to before you. You must first administer an oath by swearing in the document signer. You ask, "Do you swear that the statements in this document are true so help you God?" The document signer then answers, "Yes." Be sensitive to people who, for religious reasons, do not take an oath by swearing. If such a person appears before you, substitute the word "affirm" for "swear" and do not add the phrase "so help you God." The person then signs the document in your presence, and you complete the jurat.

  6. The following format and wording are sufficient for a verification upon oath or affirmation:

    State of Nevada
    County of ___________

    Signed and sworn to (or affirmed) before me on ..........(date).......... by ..........(name(s) of person(s) making statement)..........

    (Notary Stamp)

    _________________________
    (Signature of notarial officer)


  7. Note a protest of a negotiable instrument: A protest is a declaration in writing made by -- among others -- a notary public, on behalf of the holder of a bill or note, indicating that acceptance or payment has been refused. The notarial officer must determine the matters set forth in NRS 104.3509, so knowledge of banking and commercial paper is a prerequisite of performing this service. The law does not provide a suggested format or wording.
Last updated: 12/21/2009 11:11:54 AM