240.065 - Restrictions on powers of notary public; exception.

240.065  Restrictions on powers of notary public; exception.

      1.  A notary public may not perform a notarial act if:

      (a) The notary public executed or is named in the instrument acknowledged or sworn to;

      (b) Except as otherwise provided in subsection 2, the notary public has or will receive directly from a transaction relating to the instrument or pleading a commission, fee, advantage, right, title, interest, property or other consideration in excess of the fee authorized pursuant to NRS 240.100 for the notarial act; or

      (c) The person whose signature is to be acknowledged or sworn to is a relative of the notary public by marriage or consanguinity.

      2.  A notary public who is an attorney licensed to practice law in this State may perform a notarial act on an instrument or pleading if the notary public has or will receive directly from a transaction relating to the instrument or pleading a fee for providing legal services in excess of the fee authorized pursuant to NRS 240.100 for the notarial act.

      3.  As used in this section, “relative” includes, without limitation:

      (a) A spouse, parent, grandparent or stepparent;

      (b) A natural born child, stepchild or adopted child;

      (c) A grandchild, brother, sister, half brother, half sister, stepbrother or stepsister;

      (d) A grandparent, parent, brother, sister, half brother, half sister, stepbrother or stepsister of the spouse of the notary public; and

      (e) A natural born child, stepchild or adopted child of a sibling or half sibling of the notary public or of a sibling or half sibling of the spouse of the notary public.

      (Added to NRS by 1985, 1205; A 1995, 192; 1997, 935; 2005, 67)