Nevada Code § 133.088

Performance of certain notarial acts by electronic means
Open in Lexace · Ask the AI about this section
1. For purposes of this title, including,
without limitation, any declaration or affidavit made by an attesting witness
as described in NRS 133.050 , for all
purposes relating to the execution and filing of any document with the court in
any proceeding relating to an electronic will and for purposes of executing a
power of attorney pursuant to NRS 162A.220 ,
an advance directive or any document relating to an advance directive:
(a) A person shall be deemed to be in the
presence of or appearing before another person if such persons are in:
(1) The same physical location; or
(2) Different physical locations but can
communicate with each other by means of audio-video communication.
(b) An electronic notary public may
electronically notarize electronic documents, including, without limitation,
documents constituting or relating to an electronic will, in accordance with NRS 240.181 to 240.206 , inclusive.
(c) Any requirement that a document be signed may
be satisfied by an electronic signature.
(d) If a provision of law requires a written
record, an electronic record satisfies such a provision.
(e) Except as otherwise provided in subparagraph
(3), regardless of the physical location of the person executing a document or
of any witness, if a document is executed electronically, the document shall be
deemed to be executed in this State and will be governed by the laws of this
State and subject to the jurisdiction of the courts of this State if:
(1) The person executing the document
states that he or she understands that he or she is executing, and that he or
she intends to execute, the document in and pursuant to the laws of this State;
(2) The document states that the validity
and effect of its execution are governed by the laws of this State;
(3) Any attesting witnesses or an
electronic notary public whose electronic signatures are contained in the
document were physically located within this State at the time the document was
executed in accordance with this section; or
(4) In the case of a self-proving
electronic will, the electronic will designates a qualified custodian who, at
the time of execution:
(I) If a natural person, is
domiciled in this State; or
(II) If an entity, is organized
under the laws of this State or whose principal place of business is located in
this State.
2. Notwithstanding the provisions of
subsection 1, the validity of a notarial act performed by an electronic notary
public must be determined by applying the laws of the jurisdiction in which the
electronic notary public is commissioned or appointed.
3. As used in this section:
(a) Advance directive has the meaning ascribed
to it in NRS 449A.703 .
(b) Audio-video communication means
communication by which a person is able to see, hear and communicate with
another person in real time using electronic means.

‹ Prev All Nevada sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.