Are electronic signatures legal in Nevada?

The core rule

Nevada adopted the Uniform Electronic Transactions Act in 2001. A record or signature can't be denied legal effect solely because it's electronic, an electronic record satisfies a writing requirement, and an electronic signature satisfies a signature requirement (NRS 719.240). It applies only when each party has agreed to transact electronically, judged from the context and their conduct, and a party can refuse to do the next transaction that way (NRS 719.220).

Where Nevada is stricter

• Consumer consent appliesWhen a person buys goods or services mainly for personal, family or household use, ESIGN's consumer consent rules in 15 U.S.C. § 7001(c) apply under Nevada's act (NRS 719.210(2)).
• Everyone must be able to keep itIf a law requires a contract in writing, its legal effect may be denied when the electronic version can't be retained and accurately reproduced by everyone entitled to keep it (NRS 719.250(1)).
• Some notices stay on paperElectronic delivery doesn't satisfy a written-notice requirement for utility shutoffs, foreclosure or eviction on a primary residence, health or life insurance cancellation, or dangerous product recalls (NRS 719.250(4)).
• Retention is for the full periodAn electronic record meets a retention law only if it stays accessible to everyone legally entitled to it, for the period required, in a form that can be accurately reproduced (NRS 719.290(1)).

What's excluded

Chapter 719 doesn't apply to the extent a transaction is governed by (NRS 719.200(2)):

• Laws on creating and executing wills, codicils or testamentary trusts, except as another law specifically provides.
• The Uniform Commercial Code, other than NRS 104.1306 and the articles on sales and leases of goods.
• Nevada's health information technology law (NRS 439.581 to 439.597) and its regulations.

Documents that must accompany hazardous materials, pesticides or other dangerous materials also can't be delivered electronically to satisfy a writing requirement (NRS 719.250(5)).

Blockchain records

Nevada's act addresses blockchain directly. Its definition of an electronic record expressly includes a blockchain (NRS 719.090), and using a public blockchain to secure information you own doesn't give up your ownership or right to use it, unless an agreement says otherwise (NRS 719.245).

Nevada and the federal ESIGN Act

The federal ESIGN Act validates e-signatures in interstate commerce (15 U.S.C. § 7001). Nevada ties the two together for consumers, as above, so for consumer sales plan on giving ESIGN's disclosures and getting electronic consent. Our plain-English guide explains those steps.

Electronic and remote notarization

A law requiring notarization is satisfied by the notary's electronic signature with the required information attached (NRS 719.280). Nevada electronic notaries public who register with the Secretary of State can also notarize using live audio-video communication (NRS 240.1991), for signers in Nevada, elsewhere in the U.S., or abroad under set conditions (NRS 240.1993). SignMaster doesn't notarize documents.

Practical notes

• Give every party a keepable copy. It matters more in Nevada than most places (NRS 719.250(1)).
• Mail the notices that must be on paper. Utility, foreclosure, eviction, health or life insurance cancellation and recall notices need another method.
• Keep records for the whole required period. Make sure they stay reproducible and accessible (NRS 719.290).

NRS 719.250(1) asks whether everyone entitled to keep the contract can do so. In SignMaster, every signer can download the completed PDF, which ends with a certificate of completion recording each event's date and time. Before signing, each person sees a consumer disclosure and agrees to sign electronically, and that consent is saved with the disclosure version.