DOCUMENT PREPARATION SERVICES

Nev. Rev. Stat. 240A
in effect

Nev. Rev. Stat. § 240A.010 Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 240A.015 to 240A.050, inclusive, have the meanings ascribed to them in those sections.

Nev. Rev. Stat. § 240A.015 “Business entity” defined.

“Business entity” means a corporation, association, partnership, limited-liability company, limited-liability partnership or other entity organized and existing under the laws of this State.

Nev. Rev. Stat. § 240A.020 “Client” defined.

“Client” means a person who: 1. Represents or otherwise acts for himself or herself in a legal matter without the services of an attorney authorized to practice law in this State; and 2. Receives the services of a document preparation service in that legal matter or enters into a contract with a document preparation service to receive such services.

Nev. Rev. Stat. § 240A.030 “Document preparation service” defined.

1. “Document preparation service” means a person who: (a) For compensation and at the direction of a client, provides assistance to the client in a legal matter, including, without limitation: (1) Preparing or completing any pleading, application or other document for the client; (2) Translating an answer to a question posed in such a document; (3) Securing any supporting document, such as a birth certificate, required in connection with the legal matter; (4) Submitting a completed document on behalf of the client to a court or administrative agency; or (5) Preparing or assisting in the preparation of all or substantially all of a federal or state tax return or claim for a tax refund; or (b) Holds himself or herself out as a person who provides such services. 2. The term includes, without limitation: (a) A paralegal who performs one or more of the actions described in subsection 1 unless the paralegal works under the direction and supervision of an attorney authorized to practice law in this State; (b) A bankruptcy petition preparer as defined by section 110 of the United States Bankruptcy Code, 11 U.S.C. § 110; and (c) A tax return preparer, including, without limitation, a tax return preparer who holds a current Annual Filing Season Program Record of Completion issued by the Internal Revenue Service. 3. The term does not include: (a) A person who provides only secretarial or receptionist services. (b) An attorney: (1) Authorized to practice law in this State, or an employee of such an attorney who is paid directly by the attorney or law firm with whom the attorney is associated and who is acting in the course and scope of that employment. (2) Authorized to practice law in any other state or the District of Columbia who provides services related to the legal matters described in subsection 2 of NRS 240A.040 . (c) A law student certified by the State Bar of Nevada for training in the practice of law. (d) A governmental entity or an employee of such an entity who is acting in the course and scope of that employment. (e) A nonprofit organization formed pursuant to title 7 of NRS which the Secretary of the Treasury has determined is a tax-exempt organization pursuant to 26 U.S.C. § 501(c) and which provides legal services to persons free of charge, or an employee of such an organization who is acting in the course and scope of that employment. (f) A legal aid office or lawyer referral service operated, sponsored or approved by a duly accredited law school, a governmental entity, the State Bar of Nevada or any other bar association which is representative of the general bar of the geographical area in which the bar association exists, or an employee of such an office or service who is acting in the course and scope of that employment. (g) A military legal assistance office or a person assigned to such an office who is acting in the course and scope of that assignment. (h) Except as otherwise provided in paragraphs (b) and (c) of subsection 2, a person licensed by or registered with an agency or entity of the United States Government acting within the scope of his or her license or registration, including, without limitation, an accredited immigration representative and an enrolled agent authorized to practice before the Internal Revenue Service. (i) A corporation, limited-liability company or other entity representing or acting for itself through an officer, manager, member or employee of the entity, or any such officer, manager, member or employee who is acting in the course and scope of that employment. (j) A commercial wedding chapel. (k) A person who provides legal forms or computer programs that enable another person to create legal documents. (l) A commercial registered agent. (m) A person who holds a license, permit, certificate, registration or any other type of authorization required by chapter 645 or 692A of NRS, or any regulation adopted pursuant thereto, and is acting within the scope of that authorization. (n) A collection agency that is licensed pursuant to chapter 649 of NRS. (o) A certified public accountant pursuant to the provisions of chapter 628 of NRS or a financial planner that is subject to the requirements of chapter 628A of NRS who is acting within the scope of the license or requirements, as applicable, to prepare or assist in preparing a federal or state tax return or claim for a tax refund for another person. 4. As used in this section: (a) “Commercial registered agent” has the meaning ascribed to it in NRS 77.040 . (b) “Commercial wedding chapel” means a permanently affixed structure which operates a business principally for the performance of weddings and which is licensed for that purpose.

Nev. Rev. Stat. § 240A.040 “Legal matter” defined.

“Legal matter” means: 1. The preparation of any will or trust; 2. Any proceeding, filing or action affecting the immigration or citizenship status of a person and arising under: (a) Immigration and naturalization law; (b) An executive order or presidential proclamation; or (c) An action of the United States Citizenship and Immigration Services of the Department of Homeland Security, the United States Department of State or the United States Department of Labor; or 3. Any proceeding, filing or action otherwise affecting the legal rights, duties, obligations or liabilities of a person.

Nev. Rev. Stat. § 240A.050 “Registrant” defined.

“Registrant” means a document preparation service registered pursuant to this chapter.

Nev. Rev. Stat. § 240A.100 Registration by Secretary of State; qualifications of applicant; fee; issuance of certificate of registration; denial of application not completed within 120 days.

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: (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 plea 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 registration 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; (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 240A.124 , 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 registration 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.

Nev. Rev. Stat. § 240A.110 Duration of registration; requirements for renewal; fee; expiration of registration of registrant who holds Employment Authorization Document; investigation of registrant.

1. The registration 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; (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 240A.124 , 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 Central 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 State shall renew the registration if the registrant is qualified for registration and has complied with the requirements of this section.

Nev. Rev. Stat. § 240A.113 Amended registration: Required for certain changes in information; failure to obtain; issuance.

1. If, at any time during his or her appointment, a registrant changes his or her mailing address, county of residence or place of business or employment, the registrant shall submit to the Secretary of State a request for an amended registration on a form provided by the Secretary of State. The request must: (a) Include the new information; and (b) Be submitted within 30 days after making the change. 2. The Secretary of State may suspend the registration of a registrant who fails to provide to the Secretary of State notice of a change in any of the information specified in subsection 1. 3. If a registrant changes his or her name and the registrant intends to use his or her new name in performing document preparation services, the registrant shall submit to the Secretary of State a request for an amended registration on a form provided by the Secretary of State. The request must: (a) Include the new name and signature and the address of the registrant; and (b) Be submitted within 30 days after making the change. 4. Upon receipt of a request for an amended registration, the Secretary of State shall issue an amended registration.

Nev. Rev. Stat. § 240A.115 Disposition of fees.

The Secretary of State shall account for the fees received pursuant to NRS 240A.100 and 240A.110 separately, and use those fees, and any interest and income earned on those fees, solely to pay for expenses related to administering the document preparation services program pursuant to this chapter, including, without limitation, the cost of: 1. Materials and advertising to provide education and information about the program; 2. Any technology necessary to process and maintain registration as a document preparation service; and 3. Personnel and other operating expenses of the Office of the Secretary of State related to enforcing the provisions of this chapter and any regulations adopted pursuant thereto.

Nev. Rev. Stat. § 240A.120 Cash bond or surety bond required; conditions and requirements; release of surety; return of bond; suspension and reinstatement of registration.

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 NRS 240A.126 , 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 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 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 other 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. (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 another 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 expires, 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 to the registrant’s compliance with the requirements of this section.

Nev. Rev. Stat. § 240A.123 Cash bond or surety bond for business entity; conditions and requirements; release of surety; return of bond; suspension and reinstatement of registration.

1. A business entity that has one or more employees or contracts with one or more independent contractors who perform document preparation services 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 pursuant 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 for 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 proceeding 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 employed 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: (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 notice 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 the 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 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. 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 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 operation 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 240A.124 . A registrant who files a new bond pursuant to NRS 240A.120 or 240A.124 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.

Nev. Rev. Stat. § 240A.124 Cash bond or surety bond for registrants under sole proprietorship or more than one business entity; conditions and requirements; release of surety; return of bond; suspension and reinstatement of registration.

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 amount set forth in NRS 240A.126 . 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 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 or the sole proprietorship or business entity to the Secretary of State pursuant to this chapter. 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 executed 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 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. 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 claims. 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 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 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 240A.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.

Nev. Rev. Stat. § 240A.125 Amount of bond for business entity.

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 registrants 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. 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.

Nev. Rev. Stat. § 240A.126 Amount of bond for certain registrants.

A bond filed by a registrant pursuant to NRS 240A.124 must be in the penal sum of: 1. If the registrant performs 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.

Nev. Rev. Stat. § 240A.127 Claim against bond; requirements; interpleader; priority.

1. A claim against a bond filed pursuant to NRS 240A.120 , 240A.123 or 240A.124 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.

Nev. Rev. Stat. § 240A.130 Payment of child support: Statement by applicant for registration; grounds for denial of registration; duties of Secretary of State. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. In addition to any other requirements set forth in this chapter: (a) A person who applies for registration or the renewal of registration as a document preparation service pursuant to NRS 240A.100 or 240A.110 must include the social security number of the applicant in the application submitted to the Secretary of State. (b) An applicant described in paragraph (a) shall submit to the Secretary of State the statement prescribed by the Division of Social Services of the Department of Human Services pursuant to NRS 425.520 . The statement must be completed and signed by the applicant. 2. The Secretary of State shall include the statement required pursuant to subsection 1 in: (a) The application or any other forms that must be submitted for registration or the renewal of registration; or (b) A separate form prescribed by the Secretary of State. 3. Registration as a document preparation service may not be issued or renewed by the Secretary of State if the applicant: (a) Fails to submit the statement required pursuant to subsection 1; or (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order. 4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Secretary of State shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

Nev. Rev. Stat. § 240A.140 Suspension of registration for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of registration. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. If the Secretary of State receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a natural person who is registered as a document preparation service, the Secretary of State shall deem the registration to be suspended at the end of the 30th day after the date on which the court order was issued unless the Secretary of State receives a letter issued to the registrant by the district attorney or other public agency pursuant to NRS 425.550 stating that the registrant has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560 . 2. The Secretary of State shall reinstate a registration as a document preparation service that has been suspended by a district court pursuant to NRS 425.540 if the Secretary of State receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the natural person whose registration was suspended stating that the person whose registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560 .

Nev. Rev. Stat. § 240A.150 Advertisement for services of registrant: Inclusion of required statement; prohibition on dissemination; penalties.

1. Any advertisement for the services of a registrant which the registrant disseminates or causes to be disseminated must include a statement in the same language as the rest of the advertisement. The statement must be of a conspicuous size, if in writing, and must appear in substantially the following form: I AM NOT AN ATTORNEY IN THE STATE OF NEVADA. I AM NOT AUTHORIZED TO GIVE LEGAL ADVICE OR LEGAL REPRESENTATION. I MAY NOT ACCEPT FEES FOR GIVING LEGAL ADVICE OR LEGAL REPRESENTATION. 2. A person shall not disseminate or cause to be disseminated any advertisement or other statement that he or she is engaged in the business of a document preparation service in this State unless he or she has complied with all the applicable requirements of this chapter. 3. 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. 4. Unless a greater penalty is provided pursuant to NRS 240A.290 , a registrant who is found guilty in a criminal prosecution of violating the provisions of subsection 1 shall be punished by a fine of not less than $100 or more than $5,000 for each violation.

Nev. Rev. Stat. § 240A.160 Display of copy of certificate of registration; display of notice relating to registrant.

1. Each registrant shall display conspicuously in his or her place of business a copy of his or her certificate of registration and a written notice meeting the requirements of this section. 2. The notice must: (a) Be not less than 12 by 20 inches in size, and each character of text in the notice must be not less than 1 inch in height and 1 inch in width. (b) Be written in English and in each other language in which the registrant transacts business with the registrant’s clients. (c) Contain a statement that the registrant is not an attorney authorized to practice in this State and is prohibited from providing legal advice or legal representation to any person. (d) Contain the full name of the registrant or, if more than one registrant is providing services at that place of business, the full name of each such registrant. (e) Contain a list of the services provided by the registrant and the fee charged for each such service. (f) Contain a statement that the registrant has filed with the Secretary of State a cash bond or surety bond, stating the amount and any identifying number of the bond.

Nev. Rev. Stat. § 240A.170 Display of business licenses.

1. A registrant required to obtain a state business license issued by the Secretary of State pursuant to chapter 76 of NRS shall: (a) Obtain a state business license before offering a document preparation service; and (b) Maintain a state business license during the period of the registrant’s registration as a document preparation service. 2. Each registrant shall display conspicuously in the registrant’s place of business a copy of: (a) The state business license issued to the registrant or the registrant’s employer, as applicable, by the Secretary of State pursuant to chapter 76 of NRS; and (b) Any business license issued to the registrant or the registrant’s employer, as applicable, by a local government in this State.

Nev. Rev. Stat. § 240A.180 Written disclosure of information to client; contents.

1. Before providing any services to a client or presenting a client with the contract required by NRS 240A.190 , a registrant must: (a) Furnish the client with a written form of disclosure meeting the requirements of this section, with a copy for the client to retain; and (b) Require the client to read and sign the disclosure, acknowledging that the client has read and understands it. 2. The disclosure must be written in English and, if different, the language in which the registrant transacts business with the client and must include: (a) The full name, business address and telephone number and registration number of the registrant. (b) The name and business address of the registrant’s agent for service of process, if any, in this State. (c) A statement that the registrant is not an attorney authorized to practice in this State and is prohibited from providing legal advice or legal representation to any person. (d) Unless the registrant is an attorney licensed to practice in another state or other jurisdiction, a statement that any communication between the client and the registrant is not protected from disclosure by any privilege. (e) A statement that the registrant has posted or filed with the Secretary of State a cash bond or surety bond, stating the amount of the bond and any identifying number of the bond. (f) The expiration date of: (1) The state business license issued to the registrant or the registrant’s employer, as applicable, by the Secretary of State pursuant to chapter 76 of NRS; and (2) Any business license issued to the registrant or the registrant’s employer, as applicable, by a local government in this State.

Nev. Rev. Stat. § 240A.190 Written contract with client required; terms of contract; deficient contract voidable by client.

1. Before a registrant provides any services to a client, the registrant and the client must enter into a written contract meeting the requirements of this section. The registrant shall provide the client with a copy of the contract. 2. The contract must: (a) Be written in English and, if different, in the language in which the registrant transacts business with the client, and be printed or typewritten in not less than 12-point type. (b) Explain the services to be performed by the registrant and state the total price to be paid by the client for all such services. (c) With respect to any document to be prepared by the registrant: (1) State the estimated date by which the document is to be completed; (2) Identify the court or agency with which the document is to be filed or submitted; and (3) If applicable, identify any associated deadlines or hearing dates of the court or agency with which the document is to be filed or submitted. (d) Include on the first page of the contract a statement in boldface type that the registrant is not an attorney authorized to practice in this State and is prohibited from providing legal advice or legal representation to any person. (e) Include a statement that any complaint concerning the registrant may be directed to: (1) If the complaint involves an alleged violation of this chapter, the Secretary of State; or (2) If the complaint involves an allegation that the registrant is engaged in the unauthorized practice of law, the office of Bar Counsel of the State Bar of Nevada, Ê with the toll-free telephone number and Internet address for making the complaint. (f) State the date of the client’s signature on the contract, if the client agrees to the terms of the contract. 3. A contract between a registrant and a client that does not comply with any requirement of this section is voidable by the client.

Nev. Rev. Stat. § 240A.200 Information required on certain documents prepared for client.

If a document prepared for a client by a registrant includes a place on the document for the registrant to provide information, including, without limitation, the name, business address, telephone number and registration number of the registrant, the registrant shall include the requested information on the document.

Nev. Rev. Stat. § 240A.210 Duties of registrant concerning documents of client.

1. A registrant shall take reasonable measures to safeguard from loss or damage any document provided to the registrant by a client in connection with services rendered by the registrant. 2. Except as otherwise provided in subsection 3, a registrant shall immediately return to a client any original document provided by the client: (a) Upon the request of the client; (b) If the contract required by NRS 240A.190 is not signed or is cancelled for any reason; or (c) If the document is no longer needed for the services rendered by the registrant. 3. If a copy of any original document provided by a client is sufficient for the purposes of a legal matter, the registrant shall make or cause to be made a copy of the original document and immediately return the original to the client. 4. The duties of a registrant pursuant to this section are not affected by a dispute existing between the registrant and the client over the registrant’s fees or costs.

Nev. Rev. Stat. § 240A.220 Duty of registrant to provide copy of client’s file to governmental entities; retention and destruction of copies of documents.

1. Upon the presentation to a registrant of a written form of authorization signed by a client, the registrant shall provide a complete copy of the client’s file to an agent or employee of the Secretary of State or the Attorney General, or to an agent or employee of a law enforcement agency, without the necessity of a warrant or subpoena. 2. A registrant shall retain a copy of any document prepared for a client for not less than 3 years after the date of the last service performed for the client. At the end of that period, unless the client requests that the document be given to the client, the document may be destroyed by the registrant. Any method of destruction used by a registrant must ensure the complete and confidential destruction of the document.

Nev. Rev. Stat. § 240A.230 Receipt for client’s payment to registrant; required information on receipt.

A registrant shall provide a signed receipt to a client for each payment made to the registrant by the client. The receipt must be printed or typewritten on the letterhead of the registrant and must include the name, business address and telephone number, registration number and taxpayer identification number of the registrant.

Nev. Rev. Stat. § 240A.240 Prohibited acts by registrant; exceptions; penalties.

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 the 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 provided 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 client published factual 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 bond 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 NRS 240A.124 . (i) Seek or obtain from a client a waiver of any provision 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.

Nev. Rev. Stat. § 240A.245 Unlawful acts; penalty; injunctive relief.

1. It is unlawful for a person to: (a) Represent himself or herself as a document preparation service if the person has not registered as a document preparation service pursuant to this chapter, or if his or her registration is expired, revoked or suspended or is otherwise not in good standing. (b) Submit an application for registration as a document preparation service that contains a substantial and material misstatement or omission of fact. 2. Any person who violates a provision of paragraph (a) of subsection 1 is liable for a penalty of not more than $1,000 for each violation, plus reasonable investigative fees and costs. 3. The Secretary of State may request that the Attorney General bring an action to enjoin any violation of paragraph (a) of subsection 1 and recover any penalties, attorney’s fees and costs. 4. Any person who is aware of a violation of this chapter by a registrant or a person applying for registration as a document preparation service 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.

Nev. Rev. Stat. § 240A.250 Regulations of Secretary of State; establishment of toll-free telephone number for complaints.

1. In addition to the regulations which the Secretary of State is required to adopt pursuant to this chapter, the Secretary of State may adopt any other regulations necessary to carry out the provisions of this chapter. 2. The Secretary of State shall: (a) Establish a toll-free telephone number which may be used by any person to make a complaint about a registrant or an alleged violation of this chapter. (b) Post on the Internet website of the Secretary of State information concerning making such a complaint, which must include the telephone number established pursuant to paragraph (a).

Nev. Rev. Stat. § 240A.260 Investigation by Secretary of State of alleged violation; suspension of registration for failure to provide information during investigation; permissible actions upon determining that violation has occurred; filing of complaint of alleged violation; service of notice of complaint; determination of violation and imposition of penalty are public records; confidentiality of certain information and documents.

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 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 General 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; (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 penalty 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.

Nev. Rev. Stat. § 240A.265 Examination by Secretary of State of required records.

The Secretary of State may conduct periodic, special or any other examinations of any records required to be maintained pursuant to this chapter or any other provisions of NRS pertaining to the duties of a registrant as the Secretary of State deems necessary to determine whether a violation of this chapter or any other provision of NRS pertaining to the duties of a registrant has occurred.

Nev. Rev. Stat. § 240A.270 Denial, suspension, revocation or refusal to renew registration.

1. The Secretary of State may deny, suspend, revoke or refuse to renew the registration of any person who violates a provision of this chapter or a regulation or order adopted or issued pursuant thereto. Except as otherwise provided in this section, a suspension or revocation may be imposed only after a hearing. The registration of a registrant 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. 2. The Secretary of State may suspend the registration of any person who is also appointed as a notary public pursuant to NRS 240.010 and whose appointment as a notary public is suspended for violating the provisions of NRS 240.001 to 240.169 , inclusive, or a regulation or order adopted or issued pursuant thereto. If the Secretary of State suspends the registration of a registrant pursuant to this subsection: (a) The Secretary of State shall notify the registrant in writing of the suspension. (b) The registrant may have his or her registration as a document preparation service reinstated by the Secretary of State if his or her registration as a document preparation service has not expired during the suspension upon a showing that his or her suspension as a notary public has been lifted. 3. Except as otherwise provided in subsection 2, the Secretary of State shall immediately revoke the registration of a registrant upon the receipt of an official document or record showing: (a) The entry of a judgment or conviction; or (b) The occurrence of any other event, Ê that would disqualify the registrant from registration pursuant to subsection 2 of NRS 240A.100 . 4. Upon the suspension or revocation of or refusal to renew the registration of a document preparation service pursuant to this section, the Secretary of State shall notify the Department of Motor Vehicles of the name of the document preparation service for the purposes of NRS 481.062 .

Nev. Rev. Stat. § 240A.275 Petition for review of criminal history; fee.

1. The Secretary of State shall develop and implement a process by which a person with a criminal history may petition the Secretary of State to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a registration pursuant to NRS 240A.100 . 2. Not later than 90 days after a petition is submitted to the Secretary of State pursuant to subsection 1, the Secretary of State shall inform the person of the determination of the Secretary of State of whether the person’s criminal history will disqualify the person from obtaining a registration. The Secretary of State is not bound by his or her determination of disqualification or qualification and may rescind such a determination at any time. 3. The Secretary of State may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification. 4. A person with a criminal history may petition the Secretary of State at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a registration from the Secretary of State. 5. A person may submit a new petition to the Secretary of State not earlier than 2 years after the final determination of the initial petition submitted to the Secretary of State. 6. The Secretary of State may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Secretary of State may waive such fees or allow such fees to be covered by funds from a scholarship or grant. 7. The Secretary of State may post on its Internet website: (a) The requirements to obtain a registration pursuant to NRS 240A.100 from the Secretary of State; and (b) A list of crimes, if any, that would disqualify a person from obtaining a registration from the Secretary of State. 8. The Secretary of State may request the criminal history record of a person who petitions the Secretary of State for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Secretary of State makes such a request of a person, the Secretary of State shall require the person to submit his or her criminal history record which includes a report from: (a) The Central Repository for Nevada Records of Criminal History; and (b) The Federal Bureau of Investigation. 9. A person who petitions the Secretary of State for a determination pursuant to subsection 1 shall not submit false or misleading information to the Secretary of State. 10. The Secretary of State shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes: (a) The number of petitions submitted to the Secretary of State pursuant to subsection 1; (b) The number of determinations of disqualification made by the Secretary of State pursuant to subsection 1; (c) The reasons for such determinations; and (d) Any other information that is requested by the Director or which the Secretary of State determines would be helpful. 11. The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

Nev. Rev. Stat. § 240A.280 Civil actions brought by Attorney General or district attorney.

1. Upon referral by the Secretary of State, the Attorney General or the district attorney of the county in which the defendant resides or maintains a place of business may bring an action in the name of the State of Nevada in a court of competent jurisdiction: (a) For injunctive relief against any person who violates or threatens to violate a provision of this chapter or a regulation or order adopted or issued pursuant thereto; (b) For the recovery of a civil penalty against the defendant of not less than $100 or more than $5,000 for each such violation; (c) For an order directing restitution to be made by the defendant to any person who suffers pecuniary loss as a result of such a violation; or (d) For any combination of the remedies described in this subsection. 2. Any civil penalty recovered pursuant to this section must be paid to the Secretary of State and deposited in the State General Fund. 3. If the court determines that the State of Nevada is the prevailing party in an action brought pursuant to this section, the court shall award the State the costs of suit and reasonable attorney’s fees incurred in the action. 4. Upon the imposition of any remedy pursuant to this section against a document preparation service, the Attorney General or district attorney shall notify the Department of Motor Vehicles of the name of the document preparation service and the remedy imposed for the purposes of NRS 481.062 .

Nev. Rev. Stat. § 240A.290 Criminal penalties; restitution.

1. Except as otherwise provided in subsection 2, a person who willfully violates a provision of this chapter or a regulation or order adopted or issued pursuant thereto: (a) For the first offense within the immediately preceding 5 years, is guilty of a misdemeanor. (b) For a second or subsequent offense within the immediately preceding 5 years, is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $10,000, or by both fine and imprisonment. 2. A person who willfully violates a provision of this chapter or a regulation or order adopted or issued pursuant thereto is guilty of a category D felony and shall be punished as provided in NRS 193.130 if the offense results in irreparable harm to the client. 3. In addition to the penalties prescribed by subsection 1 or 2, the court may order a person described in subsection 1 or 2 to pay restitution to any person who has suffered a pecuniary loss as a result of the violation. 4. For the purposes of subsections 1, 2 and 3, evidence that a person has been served with an order by the Secretary of State pursuant to NRS 240A.260 before the date of the alleged violation is evidence that the alleged violation is intentional if it involves a repetition or a continuation of conduct of the kind described in the order.

Nev. Rev. Stat. § 240A.300 Private actions; recovery of double damages.

Notwithstanding the provisions of NRS 240A.260 to 240A.290, inclusive, any person who suffers a pecuniary loss as a result of a violation of this chapter or a regulation or order adopted or issued pursuant thereto by a registrant or other person may bring an action against that person in any court of competent jurisdiction and may recover the sum of $500 or twice the amount of the pecuniary loss sustained, whichever is greater. If the court determines that the plaintiff is the prevailing party in an action brought pursuant to this section, the court shall award the plaintiff the costs of suit and reasonable attorney’s fees incurred in the action.

Nev. Rev. Stat. § 240A.310 Effect of provisions of chapter.

The provisions of this chapter do not: 1. Authorize the practice of law by any person who is not an active member of the State Bar of Nevada or otherwise authorized to practice law in this State; or 2. Prohibit a person from representing or otherwise acting for himself or herself in a legal matter without the services of an attorney.
Source: NV Statutes (Official Site)URL: https://www.leg.state.nv.us/nrs/NRS-240A.htmlFetched: 10/4/2026

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