Some individuals and businesses have been engaging in unlicensed practice of the law, and performing services and providing legal advice well beyond their scope of legal authority. The Nevada Legislature in 2013 passed a new law to prevent such activity and to regulate businesses providing document preparation services in order to protect consumers.
Many document preparers advertise themselves as "Notarios," which should not be confused with "Notarios Public." Notarios in Mexico, serve a specific legal function which is not recognized in the United States, and therefore carries no legal jurisdiction here.
WHAT CONSUMERS CAN EXPECT
- This new law provides consumers with some protections as customers or clients that utilize preparation services.
- Evidence that a document preparation service is registered with the State of Nevada,
- Public posted notices including Certificate of Registration, business licenses and disclosure notices,
- Disclosure of specific information such as that the person serving as a document preparation service is not an attorney prior to the customer contracting or making a payment for service,
- A written contract in English and if different, the language in which the document preparation services transacts the business with the client for the services to be provided,
- Explanation of the fees to be charged for services and a receipt for payment,
- A complaint process for violations,
- Restitution if the client suffers a pecuniary loss as result of a violation,
- Award of damages against the bond by a court,
- A private right of action,
- A public search function will be available on the Secretary of State's website, www.nvsos.gov, to verify that a document preparation service is registered with the state.
REMEMBER: Before doing business with this type of business please do the following: Check their registration and disclosures. Make sure their fees are disclosed. They must provide you with a written contract. Always read before you sign.
For more information on the statutory requirements of Document Preparers or to file a complaint, please visit the Secretary of State's website.