NAC720.770. Acceptance of digital signature as acknowledgment; liability of certification authority.

     1. Except as otherwise provided by a specific statute, regulation or contract, a digital signature that is verifiable with reference to the public key set forth in a valid certificate shall be deemed to satisfy the requirements for an acknowledgment, regardless of whether the person who executed the digital signature appeared before the certification authority or a person who is authorized to take acknowledgments in this State, if:

     (a) The digitally signed message includes a statement that the digital signature is intended as an acknowledgment;

     (b) The digital signature is verified by the public key set forth in the certificate;

     (c) The certificate was a valid certificate when the digital signature was affixed; and

     (d) The certificate provides that the digital signature satisfies the requirements for an acknowledgment.

     2. If a certificate provides that a digital signature satisfies the requirements for an acknowledgment, the certification authority who issued the certificate is liable for the digital signature to the same extent as if the certification authority was a notary public who had acknowledged the signature, except that his or her liability must not exceed any recommended limit of reliance set forth in the certificate. No certification authority may waive, disclaim or otherwise limit by agreement the provisions of this subsection.

     3. As used in this section, “acknowledgment” has the meaning ascribed to it in NRS 240.002.

     (Added to NAC by Sec’y of State by R155-98, eff. 12-2-99)