Nevada § 240.202 - Use of electronic signature and electronic seal; safeguarding of electronic signature, electronic seal and notarial records; maintenance of technology or device used to create electronic signature

§ 240.202. Use of electronic signature and electronic seal; safeguarding of electronic signature, electronic seal and notarial records; maintenance of technology or device used to create electronic signature

1. The electronic signature and electronic seal of an electronic notary public must

be used only for the purposes of performing electronic notarial acts. 2. An electronic notary public shall safeguard his or her electronic signature, the

electronic seal and all notarial records maintained by the electronic notary public

as follows: (a) When not in use, the electronic notary public shall keep the electronic signature,

electronic seal and all notarial records secure, under the exclusive control of the

electronic notary public and protected by a password where applicable. (b) An electronic notary public shall not permit his or her electronic signature or

electronic seal to be used by any other person. (c) An electronic notary public shall not surrender or destroy his or her notarial

records except as otherwise required by the order of a court or as allowed pursuant

to NRS 240.001 to 240.206 , inclusive, or any regulations adopted pursuant thereto. (d) Except as otherwise provided in subsection 3, an electronic notary public, within

10 days after discovering that his or her electronic signature or electronic seal

has been stolen, lost, damaged or otherwise rendered incapable of affixing a legible

image, shall: (1) Inform the appropriate law enforcement agency in the case of theft or vandalism;

and (2) Notify the Secretary of State and the entity from which the electronic notary

public obtained the electronic signature or electronic seal in writing, including,

without limitation, a signature using the name under which the electronic notary public

is registered pursuant to NRS 240.192 . 3. An electronic notary public shall take reasonable steps to maintain the technology

or device used to create his or her electronic signature, and to ensure that the technology

or device has not been recalled, revoked, terminated or otherwise rendered ineffective

or unsecure by the entity that created the technology or device. Upon learning that the technology or device used to create his or her electronic

signature has been rendered ineffective or unsecure, an electronic notary public shall

cease performing electronic notarial acts until: (a) A new technology or device is acquired; and (b) The electronic notary public sends an electronic notice to the Secretary of State

that includes the electronic signature of the electronic notary public required pursuant

to paragraph (c) of subsection 2 of NRS 240.192 relating to the new technology or device.