NV Notary Electronic and Remote Notarization 3 — Questions and Answers
Question 1: A Nevada electronic notary's technology vendor goes out of business. What should the notary do about pending remote notarizations?
- Continue using the defunct platform's offline mode
- Use personal video chat apps like FaceTime
- Stop performing remote acts until an approved replacement solution is in place (Correct answer)
- Notarize by phone call as a temporary measure
Correct answer: Stop performing remote acts until an approved replacement solution is in place
Remote notarizations may only be performed through a compliant audio-visual technology, so the notary must secure an approved replacement before continuing.
Question 2: Which statement about the electronic journal for remote notarizations is correct?
- Each remote notarial act must be recorded in an electronic journal entry (Correct answer)
- Journal entries are optional if a recording exists
- A paper journal alone is sufficient for remote acts
- The signer keeps the journal, not the notary
Correct answer: Each remote notarial act must be recorded in an electronic journal entry
Every remote notarial act must be documented in the electronic notary's electronic journal in addition to the audio-visual recording.
Question 3: During a remote session, the video feed freezes before the signer signs. What is the proper action?
- Ask the signer to email a photo of the signed document
- Have a third party confirm the signer finished signing
- Restart the session and complete identity verification again before proceeding (Correct answer)
- Finish the notarization based on the earlier portion of the call
Correct answer: Restart the session and complete identity verification again before proceeding
The notarial act requires continuous, simultaneous audio-visual communication, so an interrupted session must be restarted with verification repeated.
Question 4: What must a remote notarization certificate indicate about the notarial act?
- The signer's IP address
- The brand of computer the notary used
- The signer's home address
- That it was performed using audio-visual technology (Correct answer)
Correct answer: That it was performed using audio-visual technology
The certificate must state that the notarial act was performed remotely using audio-visual communication technology.
Question 5: May a Nevada electronic notary use identification verified by credential analysis if the signer's ID card fails the automated check?
- Yes, as long as a fee discount is applied
- Yes, if the signer promises to mail a copy later
- Yes, if the signer offers a second selfie
- No; the notary should not proceed if identity cannot be satisfactorily verified (Correct answer)
Correct answer: No; the notary should not proceed if identity cannot be satisfactorily verified
If credential analysis or identity proofing fails, the notary must refuse to perform the remote notarization.
Question 6: Which of the following is a valid alternative to credential analysis and KBA for identifying a remote signer?
- A social media profile matching the signer's name
- A handwritten letter from the signer's employer
- The notary's personal knowledge of the signer (Correct answer)
- The signer's business card
Correct answer: The notary's personal knowledge of the signer
Personal knowledge of the signer, or oath of a credible witness, can satisfy identification without technological identity proofing.
Question 7: What happens to a notary's electronic registration if the underlying traditional commission is revoked?
- The notary may still notarize electronically for 90 days
- Only paper notarizations are suspended
- The electronic registration continues independently
- The authority to perform electronic and remote notarizations also ends (Correct answer)
Correct answer: The authority to perform electronic and remote notarizations also ends
Electronic notary authority depends on an active underlying commission, so revocation terminates all notarial authority including electronic acts.
A Nevada electronic notary's technology vendor goes out of business.
What should the notary do about pending remote notarizations?