Read the full stored bill text
- 83rd Session (2025)
Assembly Bill No. 72–Committee
on Government Affairs
CHAPTER..........
AN ACT relating to public affairs; authorizing the Secretary of State
to adopt a code of professional responsibility for notaries
public; authorizing a notarial officer to refuse to perform a
notarial act under certain circumstances; revising the
procedure for filing cash bonds or surety bonds covering
document preparation services; prohibiting a registran t to
engage in the business of a document preparation service
from engaging in such business for or under an entity that is
not covered by such a bond; providing that certain
information and documents obtained during an investigation
of a document preparat ion service is confidential; providing
penalties; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law authorizes the Secretary of State to adopt regulations: (1)
prescribing the procedure for the appointment a nd mandatory training of a notary
public; and (2) establishing procedures for the notarization of digital and electronic
signatures. (NRS 240.017) Section 2 of this bill additionally authorizes the
Secretary of State to adopt regulations establishing a cod e of professional
responsibility for notaries public. Section 4 of this bill authorizes the Secretary of
State to impose certain sanctions against a notary public who violates any
regulation adopted pursuant to the provisions of existing law governing nota ries
public, including, without limitation, any code of professional responsibility
adopted pursuant to section 2. In addition, under existing law, a person who
willfully violates such a code would be guilty of a category D felony if irreparable
harm results. (NRS 240.175)
Existing law prohibits certain acts by a notary public. (NRS 240.075) Section 3
of this bill authorizes a notarial officer to refuse to perform a notarial act if the
notary officer is not satisfied that: (1) the person executing the docu ment is
competent or has capacity to execute the document; or (2) the persons signature is
not knowingly and voluntarily made. Section 3 further authorizes a notarial officer
to refuse to perform a notarial act under other circumstances where such refusal is
not prohibited.
Existing law authorizes an electronic notary public to perform electronic
notarial acts using audio -video communication if the electronic notary public is
physically present in the State. (NRS 240.198, 240.1993) Section 5 of this bill
clarifies that an electronic notary public is prohibited from performing an electronic
notarial act unless he or she is present in the State. Under existing law, the
Secretary of State would be authorized to impose sanctions against a notary public
who violates the provisions of section 5. (NRS 240.150)
Existing law generally requires a person who is registered to provide document
preparation services to file with the Secretary of State a cash bond or surety bond to
indemnify persons injured by certain acts or omissions by the registrant. (NRS
240A.120) However, existing law: (1) authorizes a business entity that has one or
more employees who perform document preparation services to file such a bond on
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behalf of all such employees; and (2) exempts the employees of a business entity
that files such a bond f rom the requirement to file their own bonds. (NRS
240A.123) Sections 5.3-5.7 of this bill authorize a registrant who performs
document preparation services under more than one business entity to file one bond
for each such business entity and establish the amount of such a bond on the
number of business entities under which the registrant performs document
preparation services. Section 8 of this bill makes a conforming change to allow a
registrant to perform document preparation services under multiple enti ties under
one bond. Sections 9 and 9.5 of this bill authorize a business entity to file such a
bond on behalf of its independent contractors who provide document preparation
services.
Sections 6 and 7 of this bill require an applicant for the issuance or renewal of
registration as a document preparation service to provide a list of each entity under
which the applicant intends to perform document preparation services during the
following calendar year. Section 10 of this bill prohibits a registrant from e ngaging
in the business of a document preparation service for or under any entity for which
a bond has not been filed. Under existing law, a registrant who violates that
prohibition would be subject to certain administrative sanctions. (NRS 240A.270)
Additionally, a registrant who willfully violates that prohibition is subject to certain
criminal penalties. (NRS 240A.290)
Existing law authorizes the Secretary of State to conduct or cause to be
conducted an investigation if the Secretary of State obtains in formation that a
provision of law, regulation or order relating to document preparation services has
been violated. (NRS 240A.260) Sections 1 and 11 of this bill make information
and documents obtained by or filed with the Secretary of State in connection with
an investigation confidential.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095,
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030,
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152,
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413,
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345,
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270,
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280,
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640,
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730,
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312,
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245,
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156,
176A.630, 178.39801, 178.4715, 178. 5691, 178.5717, 179.495,
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772,
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200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923,
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040,
213.095, 213.131, 217.105, 217.110, 217.464, 217. 475, 218A.350,
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615,
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570,
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300,
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040,
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270,
239C.420, 240.007, 240A.260, 241.020, 241.030, 241.039, 242.105,
244.264, 244.335, 247.540, 247.545, 247.550, 247.560, 250.087,
250.130, 250.140, 250.145, 250.150, 268.095, 268.0978, 268.490,
268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350,
281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068,
284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387,
289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757,
293.870, 293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510,
331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379,
338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205,
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240,
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138,
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300,
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626,
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750,
388A.247, 388A.249, 39 1.033, 391.035, 391.0365, 391.120,
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317,
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975,
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143,
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685,
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153,
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350,
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205,
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 43 2B.430,
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360,
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116,
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170,
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735,
442.774, 445A. 665, 445B.570, 445B.7773, 449.209, 449.245,
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164,
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056,
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407,
463.790, 467.1005, 480.535, 480 .545, 480.935, 480.940, 481.063,
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363,
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833,
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- 83rd Session (2025)
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285,
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110,
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710,
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315,
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137,
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230,
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671,
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327,
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415,
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716,
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169,
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085,
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183,
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220,
640B.405, 640B.730, 640C.580 , 640C.600, 640C.620, 640C.745,
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090,
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170,
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320,
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050,
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130,
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947,
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900,
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275,
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480,
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710,
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190,
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410,
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306,
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480,
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536,
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550,
696C.120, 703.196, 704B. 325, 706.1725, 706A.230, 710.159,
711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada
2011 and section 2 of chapter 391, Statutes of Nevada 2013 and
unless otherwise declared by law to be confidential, all public books
and public records of a governmental entity must be open at all
times during office hours to inspection by any person, and may be
fully copied or an abstract or memorandum may be prepared from
those public books and public records. Any such copies, abstracts or
memoranda may be used to supply the general public with copies,
abstracts or memoranda of the records or may be used in any other
way to the advantage of the governmental entity or of the general
public. This section does not supersede or in any manner affect the
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federal laws governing copyrights or enlarge, diminish or affect in
any other manner the rights of a person in any written book or
record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record
which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a
public book or record shall not deny a request made pursuant to
subsection 1 to inspect or copy or receive a copy of a public book or
record on the basis that the requested public book or record contains
information that is confidential if the governmental entity can
redact, delete, conceal or separate, including, without limitation,
electronically, the confidential information from the information
included i n the public book or record that is not otherwise
confidential.
4. If requested, a governmental entity shall provide a copy of a
public record in an electronic format by means of an electronic
medium. Nothing in this subsection requires a governmental en tity
to provide a copy of a public record in an electronic format or by
means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by
means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential
and that cannot be redacted, deleted, concealed or separa ted from
information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who
has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the
medium that is requested because the officer, employee or agent has
already prepared or would prefer to provide the copy in a different
medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon
request, prepare the copy of the public record and shall not requir e
the person who has requested the copy to prepare the copy himself
or herself.
Sec. 2. NRS 240.017 is hereby amended to read as follows:
240.017 The Secretary of State:
1. May adopt regulations:
(a) Prescribing the procedure for the appointment and
mandatory training of a notary public.
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(b) Establishing procedures for the notarization of digital or
electronic signatures.
(c) Establishing a code of professional responsibility for
notaries public.
2. Shall adopt regulations prescribing the form of each affidavit
required pursuant to subsection 2 of NRS 240.030.
Sec. 3. NRS 240.075 is hereby amended to read as follows:
240.075 1. A notary public shall not:
[1.] (a) Influence a person to enter or not enter into a lawful
transaction involving a notarial act performed by the notary public.
[2.] (b) Certify an instrument containing a statement known by
the notary public to be false.
[3.] (c) Perform any act as a notary public with intent to deceive
or defraud, including, without limitation, altering the journal that the
notary public is required to keep pursuant to NRS 240.120.
[4.] (d) Endorse or promote any product, service or offering if
his or her appointment as a notary public is used in the endorsement
or promotional statement.
[5.] (e) Certify photocopies of a certificate of birth, death or
marriage or a divorce decree.
[6.] (f) Allow any other person to use his or her notary’s stamp.
[7.] (g) Allow any other person to sign the notary’s name in a
notarial capacity.
[8.] (h) Perform a notarial act on a document that contains only
a signature.
[9.] (i) Perform a notarial act on a document, including a form
that requires the signer to provide information within blank spaces,
unless the document has been fil led out completely and has been
signed.
[10.] (j) Make or note a protest of a negotiable instrument
unless the notary public is employed by a depository institution and
the protest is made or noted within the scope of that employment.
As used in this subsection, “depository institution” has the meaning
ascribed to it in NRS 657.037.
[11.] (k) Affix his or her stamp to any document which does not
contain a notarial certificate.
2. A notarial officer may refuse to perform a notarial act if
the notarial officer is not satisfied that:
(a) The person executing the record i s competent or has the
capacity to execute the record; or
(b) The persons signature is knowingly and voluntarily made.
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3. A notarial officer may refuse to perform a notarial act
unless a refusal to perform the notarial act is otherwise prohibited
by law.
4. As used in this section, “competent” means the principal
reasonably appears in possession of the mental capacity to
understand the nature and consequences of the notarial act.
Sec. 4. NRS 240.150 is hereby amended to read as follows:
240.150 1. For misconduct or neglect in a case in which a
notary public appointed pursuant to the authority of this State may
act, either by the law of this State or of another state, territory or
country, or by the law of nations, or by commercial usage, the
notary public is liable on his or her official bond to the parties
injured thereby, for all the damages sustained.
2. The employer of a notary public may be assessed a civil
penalty by the Secretary of State of not more than $2,000 for each
violation specified in subsection 4 committed by the notary public,
and the employer is liable for any damages proximately caused by
the misconduct of the notary public, if:
(a) The notary public was acting within the scope of his or her
employment at the time the notary public engaged in the
misconduct; and
(b) The employer of the notary public consented to the
misconduct of the notary public.
3. The Secretary of State may refuse to appoint or may suspend
or revoke the appointment of a notary public who fails to provide to
the Secretary of State, within a reasonable time, information that the
Secretary of State requests from the notary public in connection
with a complaint which alleges a violation of this chapter.
4. Except as otherwise provided in this chapter, for any willful
violation or neglect of duty or other violation of this chapter [,] or
any regulation adopted pursuant thereto, or upon proof that a
notary public has been convicted of, or entered a plea of guilty,
guilty but mentally ill or nolo contendere to, a crime described in
paragraph (c) of subsection 2 of NRS 240.010:
(a) The appointment of the notary public may be suspended for
a period determined by the Secretary of State, but n ot exceeding the
time remaining on the appointment;
(b) The appointment of the notary public may be revoked after a
hearing; or
(c) The notary public may be assessed a civil penalty of not
more than $2,000 for each violation.
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5. If the Secretary of Sta te revokes or suspends the
appointment of a notary public pursuant to this section, the
Secretary of State shall:
(a) Notify the notary public in writing of the revocation or
suspension;
(b) Cause notice of the revocation or suspension to be published
on the website of the Secretary of State; and
(c) If a county clerk has issued a certificate of permission to
perform marriages to the notary public pursuant to NRS 122.064,
notify the county clerk of the revocation or suspension.
6. Except as otherwise provided by law, the Secretary of State
may assess the civil penalty that is authorized pursuant to this
section upon a notary public whose appointment has expired if the
notary public committed the violation that justifies the civil penalty
before his or her appointment expired.
7. The appointment of a notary public may be suspended or
revoked by the Secretary of State pending a hearing if the Secretary
of State believes it is in the public interest or is necessary to protect
the public.
Sec. 5. NRS 240.1993 is hereby amended to read as follows:
240.1993 1. An electronic notary public may perform an
electronic notarial act using audio -video communication in
accordance with NRS 240.181 to 240.206, inclusive, and any rules
or regulations adopted by the Secretary of State for a person who is
physically located:
(a) In this State;
(b) Outside this State but within the United States; or
(c) Outside the United States if:
(1) The electronic notary public has no actual knowledge of
the electronic notaria l act being prohibited in the jurisdiction in
which the person is physically located; and
(2) The person placing his or her electronic signature on the
electronic document confirms to the electronic notary public that the
requested electronic notarial act and the electronic document:
(I) Are part of or pertain to a matter that is to be filed with
or is currently before a court, governmental entity or other entity in
the United States;
(II) Relate to property located in the United States; or
(III) Relate to a transaction substantially connected to the
United States.
2. An electronic notary public who is registered with the
Secretary of State pursuant to NRS 240.192 [may] shall not perform
an electronic notarial act using audio -video communication in
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accordance with NRS 240.181 to 240.206, inclusive, and any rules
or regulations adopted by the Secretary of State [if] unless the
electronic notary public is physically present in this State at the time
of performing the electronic notarial act, regard less of whether the
person who placed the electronic signature on the electronic
document is physically located in another jurisdiction at the time of
the electronic notarial act. The validity of the notarial act will be
determined by applying the laws of this State.
Sec. 5.3. Chapter 240A of NRS is hereby amended by adding
thereto the provisions set forth as sections 5.5 and 5.7 of this act.
Sec. 5.5. 1. A registrant who performs document
preparation services under a sole proprietorship or more than one
business entity may file with the Secretary of State a cash bond or
surety bond on behalf of the sole proprietorship or each business
entity under which the registrant performs document preparation
services. Any such bond must be for the applicable amo unt set
forth in section 5.7 of this act.
2. A cash or surety bond filed pursuant to subsection 1 must
be approved as to form by the Attorney General and 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 the sole
proprietorship or business entity 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 the
sole proprietorship or business entity 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 the sole proprietorship or business
entity; or
(4) An act or omission of the registrant or the sole
proprietorship or business entity in violation of any other federal
or state law for which the return of fees, an award of damages o r
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 or the sole proprietorship or business entity to the
Secretary of State pursuant to this chapter.
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3. No part of a bond filed pursuant to this section may be
withdrawn while the registration of the registrant who performs
document preparation services under the sole proprietorship or
business entity remains in effect, or while a proceeding to suspend
or revoke the registration is pending.
4. If a surety bond is filed pursuant to subsection 1:
(a) Except as otherwise provided in subsection 5, the bond
must be execut ed by the registrant and by a surety company
qualified and authorized to do business in this State.
(b) The bond must cover the period of registration of the
registrant, except when the surety is released in accordance with
this section.
(c) The surety shall pay any final, nonappealable judgment of
a court of this State that has jurisdiction, upon receipt of written
notice that the judgment is final.
(d) The bond may be continuous, but regardless of the
duration of the bond, the aggregate liability of t he surety does not
exceed the penal sum of the bond.
(e) 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.
(f) The surety may be released afte r 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.
5. Except as otherwise provided in this subsection, if a cash
bond is filed pursuant to subsection 1, the Secretary of State may
retain the bond until the expiration of 3 years after the date the
registrant has ceased to do business under the sole proprietorship
or each business covered under the bond, or 3 years after the date
of the expiration or revocation of the registration of the registrant,
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 cla ims.
Interest on a cash bond filed pursuant to subsection 1 must accrue
to the account of the depositor.
6. The registration of a registrant who performs document
preparation services under a sole proprietorship or more than one
business entity is suspen ded by operation of law when the
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registrant 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 4 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 covered under the
bond in writing that their registration is suspended by operation of
law until another bond is filed in the same manner and amount as
the former bond.
7. The Secretary of State may reinstate the registration of a
registrant whose registration has been suspended pursuant to
subsection 6 if, before the current term of the registration expires,
the registrant files with the Secretary of State a new bond meeting
the requirements of this section or the registrant files with the
Secretary of State a new bond meeting the requirements of NRS
240A.120 or NRS 240A.123 and 240.125.
8. Except as specifically authorized or required by this
chapter, a registrant shall not make or cause to be made any oral
or written reference to the registrant’s compliance with the
requirements of this section.
Sec. 5.7. A bond filed by a registrant pursuant to section 5.5
of this act must be in the penal sum of:
1. If the registrant pe rforms document preparation services
under a sole proprietorship or one business entity, $25,000;
2. If the registrant performs document preparation services
under at least 2 but not more than 4 business entities, $50,000;
3. If the registrant performs document preparation services
under at least 5 but not more than 10 business entities, $100,000;
4. If the registrant performs document preparation services
under more than 10 business entities, $200,000.
Sec. 6. NRS 240A.100 is hereby amended to read as follows:
240A.100 1. A person who wishes to engage in the business
of a document preparation service must be registered by the
Secretary of State pursuant to this chapter. An applicant for
registration must be:
(a) A natural person;
(b) A citizen or legal resident of the United States or hold a
valid Employment Authorization Document issued by the United
States Citizenship and Immigration Services of the Department of
Homeland Security; and
(c) At least 18 years of age.
2. The Secretary of State shall not register as a document
preparation service any person:
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(a) Who is suspended or has previously been disbarred from the
practice of law in any jurisdiction;
(b) Whose registration as a document preparation service in this
State or another state has previously been revoked for cause;
(c) Whose appointment or registration as a notary public in this
State or another state has been previously revoked or suspended for
cause;
(d) Who has previously been convicted of, or entered a pl ea of
guilty, guilty but mentally ill or nolo contendere to, a gross
misdemeanor or a category D felony pursuant to NRS 240A.290; or
(e) Who has, within the 10 years immediately preceding the date
of the application for registration as a document preparation service,
been:
(1) Convicted of, or entered a plea of guilty, guilty but
mentally ill or nolo contendere to, a crime involving theft, fraud or
dishonesty;
(2) Convicted of, or entered a plea of guilty, guilty but
mentally ill or nolo contendere to, the unauthorized practice of law
pursuant to NRS 7.285 or the corresponding statute of any other
jurisdiction; or
(3) Adjudged by the final judgment of any court to have
committed an act involving theft, fraud or dishonesty.
3. An application for regi stration as a document preparation
service must be made under penalty of perjury on a form prescribed
by regulation of the Secretary of State and must be accompanied by:
(a) A nonrefundable application fee of $100; [and]
(b) A list of each business entit y or sole proprietorship under
which the applicant intends to perform document preparation
services during the following calendar year; and
(c) A cash bond or surety bond meeting the requirements of
NRS 240A.120 or section 5.3 of this act, as applicable, or proof
that the applicant is covered by a bond filed by a business entity
pursuant to NRS 240A.123.
4. An applicant for registration must submit to the Secretary of
State a declaration under penalty of perjury stating that the applicant
has not had a certificate or license as a document preparation service
revoked or suspended in this State or any other state or territory of
the United States.
5. After the investigation of the history of the applicant is
completed, the Secretary of State shall issue a certificate of
registration if the applicant is qualified for registration and has
complied with the requirements of this section. Each certificate of
registration must bear the name of the registrant and a registra tion
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number unique to that registrant. The Secretary of State shall
maintain a record of the name and registration number of each
registrant.
6. An application for registration as a document preparation
service that is not completed within 120 days after the date on which
the application was submitted must be denied. If an application is
denied pursuant to this subsection, the applicant may submit a new
application.
Sec. 7. NRS 240A.110 is hereby amended to read as follows:
240A.110 1. The registrati on of a document preparation
service is valid for 1 year after the date of issuance of the certificate
of registration, unless the registration is suspended or revoked.
Except as otherwise provided in this section, the registration may be
renewed subject to the same conditions as the initial registration. An
application for renewal must be made under penalty of perjury on a
form prescribed by regulation of the Secretary of State and must be
accompanied by:
(a) A renewal fee of $50; [and]
(b) A list of each business entity or sole proprietorship under
which the applicant intends to perform document preparation
services during the following calendar year; and
(c) A cash bond or surety bond meeting the requirements of
NRS 240A.120 or section 5.5 of this a ct, as applicable, proof that
the applicant is covered by a bond filed by a business entity
pursuant to NRS 240A.123, unless the bond previously filed by the
registrant remains on file and in effect.
2. The registration of a registrant who holds a valid
Employment Authorization Document issued by the United States
Citizenship and Immigration Services of the Department of
Homeland Security must expire on the date on which that person’s
employment authorization expires.
3. The Secretary of State may:
(a) Conduct any investigation of a registrant that the Secretary
of State deems appropriate.
(b) Require a registrant to submit a complete set of fingerprints
and written permission authorizing the Secretary of State to forward
the fingerprints to the Centra l Repository for Nevada Records of
Criminal History for submission to the Federal Bureau of
Investigation for its report.
4. After any investigation of the history of a registrant is
completed, unless the Secretary of State elects or is required to deny
renewal pursuant to this section or NRS 240A.270, the Secretary of
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State shall renew the registration if the registrant is qualified for
registration and has complied with the requirements of this section.
Sec. 8. NRS 240A.120 is hereby amended to read as follows:
240A.120 1. Except as otherwise provided in NRS 240A.123
and 240A.125, a registrant shall file with the Secretary of State a
cash bond or surety bond . Except as otherwise provided in section
5.7 of this act, the cash bond or surety bond must be in the penal
sum of $25,000 which is approved as to form by the Attorney
General and conditioned to provide:
(a) Indemnification to a client or any other perso n 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 oth er 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.
2. No part of the bond may be withdrawn while the registration
of the registrant remains in effect, or while a proceeding to suspend
or revoke the registration is pending.
3. If a surety bond is filed pursuant to subsection 1:
(a) The bond must be executed by the registrant as principal and
by a surety company qualified and authorized to do business in this
State.
(b) The bond must cover the period of the registration of the
registrant, except when the surety is released in accordance with this
section.
(c) The surety shall pay any final, nonappealable judgment of a
court of this State that has jurisdiction, upon receipt of written
notice that the judgment is final.
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(d) The bond may be continuous, but regardless of the duration
of the bond, the aggregate liability of the surety does not exceed the
penal sum of the bond.
(e) 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.
(f) 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.
4. Except as otherwise provided in this subsection, if a cash
bond is filed pursuant to subsection 1, 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. Interest on a cash bond filed pursuant to
subsection 1 must accrue to the account of the depositor.
5. The registration of a registrant is suspended by operation of
law when the registrant 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 anot her bond is
filed in the same manner and amount as the former bond.
6. The Secretary of State may reinstate the registration of a
registrant whose registration has been suspended pursuant to
subsection 5 if, before the current term of the registration ex pires,
the registrant files with the Secretary of State a new bond meeting
the requirements of this section.
7. Except as specifically authorized or required by this chapter,
a registrant shall not make or cause to be made any oral or written
reference t o the registrant’s compliance with the requirements of
this section.
Sec. 9. NRS 240A.123 is hereby amended to read as follows:
240A.123 1. A business entity that has one or more
employees or contracts with one or more independent contractors
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who perf orm document preparation services [may] or advertise
document preparation services pursuant to NRS 240A.150 shall
file with the Secretary of State a cash bond or surety bond on behalf
of all employees and independent contractors of the business entity
who are registered as a document preparation service and provide
document preparation services for the business entity. Any such
bond must be for the applicable amount set forth in NRS 240A.125.
2. If a business entity files a cash bond or surety bond pursua nt
to subsection 1, the employees and independent contractors of the
business entity who are covered by the bond are not required to file
a cash bond or surety bond pursuant to NRS 240A.120 [.] with
respect to documentation preparation services provided fo r that
business entity.
3. A cash or surety bond filed pursuant to subsection 1 must be
approved as to form by the Attorney General and conditioned to
provide:
(a) Indemnification to a client or any other person who is
determined in an action or procee ding to have suffered damage as a
result of:
(1) An act or omission of a registrant employed or
contracted by the business entity which violates a provision of this
chapter or a regulation or order adopted or issued pursuant thereto;
(2) A wrongful failure or refusal by a registrant employed or
contracted by the business entity 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 a registrant employ ed or contracted by the business
entity; or
(4) An act or omission of a registrant employed or
contracted by the business entity 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 a
registrant employed or contracted by the business entity to the
Secretary of State pursuant to this chapter.
4. No part of a bond filed pursuant to this section may be
withdrawn while the registration of a registrant employed or
contracted by the business entity remains in effect, or while a
proceeding to suspend or revoke the registration is pending.
5. If a surety bond is filed pursuant to subsection 1:
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(a) Except as otherwise provided in subsection 6, the bond must
be executed by the business entity as principal and by a surety
company qualified and authorized to do business in this State.
(b) The bond must cover the period of registration of each
employee and independent contractor of the business entity who is
registered as a document preparation service and performs
document preparation services for the business entity, except when
the surety is released in accordance with this section.
(c) The surety shall pay any final, nonappealable judgment of a
court of this State that has jurisdiction, upon receipt of written
notice that the judgment is final.
(d) The bond may be continuous, but regardless of the duration
of the bond, the aggregate liability of the surety does not exceed the
penal sum of the bond.
(e) If the penal sum of the bond is exhausted, the surety shall
give written notic e to the Secretary of State and the business entity
within 30 days after its exhaustion.
(f) The surety may be released after giving 30 days’ written
notice to the Secretary of State and the business entity, 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.
6. If a business entity employs or contracts with only one
registrant to perform document preparation services, the registrant
must be named as principal in the bond filed pursuant to this section.
7. Except as otherwise provided in this subsection, if a cash
bond is filed pursuant to subsection 1, the Secretary of State may
retain the bond until the expiration of 3 years after the date t he
business entity has ceased to do business, or 3 years after the date of
the expiration or revocation of the registration of each employee
and independent contractor of the business entity who is registered
as a document preparation service and performs document
preparation services for the business entity , 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 satisfacto ry 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. Interest on a cash bond filed pursuant to
subsection 1 must accrue to the account of the depositor.
8. The registration of a registrant is suspended by operation of
law when the registrant is no longer covered by a bond or the penal
sum of the bond is exhausted. If the Secretary of State receives
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notice pursuant to subsection 5 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 business entity and each registrant
covered under the bond in writing that their registration is
suspended by oper ation of law until another bond is filed in the
same manner and amount as the former bond.
9. The Secretary of State may reinstate the registration of a
registrant whose registration has been suspended pursuant to
subsection 8 if, before the current term of the registration expires,
the business entity files with the Secretary of State a new bond
meeting the requirements of this section or the registrant files with
the Secretary of State a new bond meeting the requirements of NRS
240A.120 [.] or section 5.5 of this act. A registrant who files a new
bond pursuant to NRS 240A.120 or section 5.5 of this act shall not
provide document preparation services for a business entity that is
subject to the requirements of this section but has not filed a bond
pursuant to subsection 1.
10. Except as specifically authorized or required by this
chapter, a business entity or registrant shall not make or cause to be
made any oral or written reference to the registrant’s compliance
with the requirements of this section.
Sec. 9.5. NRS 240A.125 is hereby amended to read as
follows:
240A.125 1. A bond filed by a business entity pursuant to
NRS 240A.123 on behalf of the employees and independent
contractors of the business entity who are registered as a document
preparation service must be in the penal sum of:
(a) If the business entity employs or contracts with 1 registrant
to perform document preparation services, $25,000;
(b) If the business entity employs or contracts with at least 2 but
not more than 25 regis trants to perform document preparation
services, $50,000;
(c) If the business entity employs or contracts with at least 26
but not more than 75 registrants to perform document preparation
services, $75,000;
(d) If the business entity employs or contracts with at least 76
but not more than 125 registrants to perform document preparation
services, $100,000;
(e) If the business entity employs or contracts with at least 126
but not more than 200 registrants to perform document preparation
services, $150,000; and
(f) If the business entity employs or contracts with more than
200 registrants to perform document preparation services, $200,000.
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2. For purposes of determining the amount of the bond
required pursuant to subsection 1, the number of registrants
employed or contracted by a business entity to perform document
preparation services is the greatest number of registrants who will
perform document preparation services for the business entity at any
time during the year, including, without limitation, on a temporary
or seasonal basis.
Sec. 9.7. NRS 240A.127 is hereby amended to read as
follows:
240A.127 1. A claim against a bond filed p ursuant to NRS
240A.120 or 240A.123 or section 5.5 of this act may be filed in a
court of competent jurisdiction for damages to the extent covered by
the bond. A claim may not be brought against a bond after 3 years
from the date of the act on which the action is based.
2. If a person commences an action pursuant to subsection 1,
he or she must notify the Secretary of State in writing upon filing
the action. Upon receiving such notification, the Secretary of State
shall notify the person:
(a) Whether the bond is in effect;
(b) The amount of the bond; and
(c) If there is any other claim against the bond, the title, court
and case number of the action and the amount sought by the plaintiff
in the other action.
3. If a surety wishes to make payment without awaiting action
by a court:
(a) The amount of the bond must be reduced to the extent of any
payment made by the surety in good faith under the bond; and
(b) Any payment must be based on written claims received by
the surety before any action is taken by a court.
4. A surety may bring an action for interpleader against all
claimants upon the bond. If such an action for interpleader is
brought, the surety:
(a) Shall publish notice of the action at least once each week for
2 weeks in every issue of a newspaper of general circulation in the
county of the principal place of business of the registrant or business
entity, as applicable; and
(b) May deduct its costs of the action, including, without
limitation, costs for attorney’s fees and publication, from its liability
under the bond.
5. Claims against a bond have equal priority. If a bond is
insufficient to pay all claims in full, the claims must be paid on a pro
rata basis. Any claimant may bring action against the registrant or
business entity, as applicable, for the unpaid balance of a claim.
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Sec. 10. NRS 240A.240 is hereby amended to read as follows:
240A.240 1. A registrant shall not:
(a) After the date of the last service performed for a client, retain
any fees or costs for services not performed or costs not incurred.
(b) Make, orally or in writing:
(1) A promise of the result to be obtained by the filing or
submission of any document, unless the registrant has some basis in
fact for making the promise;
(2) A statement that the registrant has some special influence
with or is able to obtain special treatment from the court or agency
with which a document is to be filed or submitted; or
(3) A false or misleading statement to a client if the registrant
knows that the statement is false or misleading or knows that the
registrant lacks a sufficient basis for making the statement.
(c) Except as otherwise provided in subsection 3, in any
advertisement or written description of the registrant or the services
provided by the registrant , or on any letterhead or business card of
the registrant, use the term “legal aid,” “legal services,” “law
office,” “notario,” “notario publico,” “notary public,” “notary,”
“paralegal,” “legal assistant,” “licensed,” “licenciado,” “attorney,”
“lawyer” or any similar term, in English, Spanish or any other
language, which implies that the registrant:
(1) Offers services without charge if the registrant does not
do so;
(2) Is an attorney authorized to practice law in this State; or
(3) Is acting under t he direction and supervision of an
attorney.
(d) Represent himself or herself, orally or in writing, as a
paralegal or legal assistant which implies that the registrant is acting
under the direction and supervision of an attorney licensed to
practice law in this State.
(e) Except as otherwise provided in subsection 2, negotiate with
another person concerning the rights or responsibilities of a client,
communicate the position of a client to another person or convey the
position of another person to a client.
(f) Except as otherwise provided in subsection 2, appear on
behalf of a client in a court proceeding or other formal adjudicative
proceeding, unless the registrant is ordered to appear by the court or
presiding officer.
(g) Except as otherwise provid ed in subsection 2, provide any
advice, explanation, opinion or recommendation to a client about
possible legal rights, remedies, defenses, options or the selection of
documents or strategies, except that a registrant may provide to a
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client published fact ual information, written or approved by an
attorney, relating to legal procedures, rights or obligations.
(h) Engage in the business of a document preparation service
as an employee or independent contractor for an entity that is not
covered by a cash bon d or surety bond filed pursuant to NRS
240A.123 or under a sole proprietorship or business entity unless
the registrant is covered by a cash bond or surety bond filed
pursuant to section 5.5 of this act.
(i) Seek or obtain from a client a waiver of any pr ovision of this
chapter. Any such waiver is contrary to public policy and void.
2. The provisions of paragraphs (e), (f) and (g) of subsection 1
do not apply to a registrant to the extent that compliance with such
provisions would violate federal law.
3. A registrant who is also a notary public appointed by the
Secretary of State pursuant to chapter 240 of NRS and in good
standing with the Secretary of State may, in any advertisement or
written description of the registrant or the services provided by the
registrant, use the term “notary public.”
4. If the Secretary of State finds a registrant in violation of the
provisions of subsection 1, the Secretary of State may:
(a) Suspend the registration of the registrant for not less than 1
year.
(b) Revoke the registration of the registrant for a third or
subsequent offense.
(c) Assess a penalty of not more than $1,000 for each violation.
Sec. 11. NRS 240A.260 is hereby amended to read as follows:
240A.260 1. If the Secretary of State obtains information that
a provision of this chapter or a regulation or order adopted or issued
pursuant thereto has been violated by a registrant or another person,
the Secretary of State may conduct or cause to be conducted an
investigation of the alleged violation.
2. If, within a reasonable period of time, a registrant fails to
provide the Secretary of State with any information requested by the
Secretary of State during an investigation of an alleged violation by
the registrant, the Secretary of State may suspend or refuse to renew
the registration of the registrant.
3. If, after investigation, the Secretary of State determines that
a violation has occurred, the Secretary of State may:
(a) Serve, by certified mail addressed to the person who has
committed the violation, a written order directing the person to
cease and desist from the conduct constituting the violation. The
order must notify the person that any willful violation of the order
may subject the person to prosecution and criminal penalties
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pursuant to NRS 240A.290 and penalties pursuant to this section
and NRS 240A.280.
(b) If a registrant has committed the violation:
(1) Revoke or suspend the registration of the registrant; or
(2) Impose a penalty of not more than $1,000 for each
violation. The authority of the Secretary of State to impose a penalty
applies regardless of whether the person is still a registrant at the
time that the penalty is imposed so long as the person was a
registrant at the time that he or she committed the violation. The
Secretary of State shall afford any person upon whom such a penalty
is imposed an opportunity for a hearing pursuant to the provisions of
NRS 233B.121.
(c) If a person engaged in the business of a document
preparation service and was not a registrant at the time of the
violation, after a hearing on the matter, impose a penalty for each
violation of not more than $5,000 or the amount of economic benefit
derived from the violation, whichever is greater.
(d) Refer the alleged violation to the Attorney G eneral or a
district attorney for commencement of a civil action against the
person pursuant to NRS 240A.280.
(e) Refer the alleged violation to the Attorney General or a
district attorney for prosecution of the person pursuant to
NRS 240A.290.
(f) Take any combination of the actions described in this
subsection.
4. Any person who is aware of a violation of this chapter by a
document preparation service, a person applying for registration as a
document preparation service or a person who is engaging in the
business of a document preparation service and is not registered by
the Secretary of State pursuant to this chapter may file a complaint
with the Secretary of State setting forth the details of the violation
that are known by the person who is filing the complaint.
5. If the Secretary of State receives a complaint alleging a
violation of this chapter, the Secretary of State shall notify the
document preparation service or other person who is the subject of
the complaint. The notice:
(a) Must be sent by certified mail;
(b) Is deemed to have been received 3 days after the notice is
mailed;
(c) Must include, without limitation:
(1) A description of each allegation contained in the
complaint;
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- 83rd Session (2025)
(2) A statement of each statutory provision which the
document preparation service or other person is alleged to have
violated;
(3) An explanation of any disciplinary action that may be
taken against the document preparation service or other person if the
Secretary of State determines that the alleged violation occurred;
(4) A statement that the document preparation service or
other person must respond to the notice not later than 15 days after
the notice is received; and
(5) Instructions on the manner in which the document
preparation service or other person may respond to the notice.
6. Any determination by the Secretary of State that a provision
of this chapter or a regulation or order adopted or issued pursuant
thereto has been violated by a registrant or another person and the
imposition of any penal ty by the Secretary of State pursuant to this
section is a public record.
7. Except as otherwise necessary to refer an alleged violation
for the commencement of a civil action or prosecution pursuant to
paragraph (d) or (e), respectively, of subsection 3, information and
documents obtained by or filed with the Secretary of State in
connection with an investigation concerning a possible violation
of this chapter are not public information and are confidential.
Sec. 12. 1. If, pursuant to NRS 240A.123, as amended by
section 9 of this act, a business entity files with the Secretary of
State a cash bond or surety bond on behalf of an independent
contractor of the business entity and the independent contractor is
not requir ed to file any other cash bond or surety bond with the
Secretary of State pursuant to NRS 240A.120, as amended by
section 8 of this act, 240A.123, as amended by section 9 of this act,
or section 5.5 of this act, the Secretary of State shall:
(a) Return a cash bond filed by the independent contractor
pursuant to NRS 240A.120, as that section existed before the
effective date of section 8 of this act.
(b) Allow the release of a surety bond filed by the independent
contractor pursuant to NRS 240A.120, as that section existed before
the effective date of section 8 of this act.
2. As used in this section, “business entity” has the meaning
ascribed to it in NRS 240A.015.
Sec. 13. 1. This section becomes effective upon passage and
approval.
2. Sections 1, 3, 5 and 11 of this act become effective on
October 1, 2025.
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- 83rd Session (2025)
3. Sections 2, 4, 5.3 to 10, inclusive, and 12 of this act become
effective:
(a) Upon passage and approval for the purpose of adopting any
regulations and performing any other preparatory admi nistrative
tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2026, for all other purposes.
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