NV Assembly Bill 178

Legislation

State: Nevada
Signed: May 03, 2005

Effective: July 01, 2005
Chapter: 36

Summary

Assembly Bill 178 exempts attorneys from a law preventing a Notary form charging more than that statutory fee for a notarial act.

Affects

Amends Section 240.065 of the Nevada Revised Statutes.

Changes

Allows attorney-Notaries to notarize documents for which they receive a related fee for legal services – thus exempting them from the rule that prevents a Notary from charging more than the statutory fee for a notarial act.
Stipulates that the rule prohibiting a Notary from getting more than the statutory fee applies both to money or advantages the Notary has received, as well as will receive. “Has” is the new language added to the law.

Analysis

Assembly Bill 178 exempts attorneys from a law preventing a Notary form charging more than that statutory fee for a notarial act. Nevada’s disqualifying interest law is perhaps the toughest in the nation. Evidently, the attorneys’ lobby believed the existing law would prevent an attorney from charging legal fees if the attorney also performed notarizations on documents for a client. The bill was passed unanimously by both chambers without amendment. Unfortunately, the statute modified by this legislation is still interpreted to prohibit Notary Signing Agents from charging more than the fee allowed by law for the notarial act and the travel fee also stipulated in the law. An attempt to amend the bill to add Notary Signing Agents to the exemption along with attorneys proved unsuccessful.

Read Assembly Bill 178.