Nebraska Notary A-M

Acknowledgment

The recognition of the person named in the document admits or acknowledges to the Notary that they signed the document for the purpose stated within.

Affidavits

A signed statement made under oath /affirmation before a Notary or other oath administration official.

Affiant

The signer of an affidavit

Address Change Requirements

Applies for mail, email, and phone number- you must notify Secretary of State no later than 45 days after the changes. Submit a request to change records form with no fee.

Administrative Action

Acts that are administered due to misconduct- malfeasance, admonishment, temporary revocation, total revocation, disposition of commission and seal.

Affirmations

A solemn spoken pledge on one's own personal honor with no reference to a supreme being. A promise of truthfulness or fidelity similar to an oath.

Apostilles

Extra level of verification usually by Secretary of State. One authenticating certificate must be obtained to ensure acceptance in these subscribing countries.

Authentication

Documents notarized in NE and sent to other states must bear proof that the notarty seal/signature are genuine and notary had authority to act at that time of notarization. (There is a form attached by the Secretary of State in NE)

Authorized Acts

Acknowledgements, Depositions, Jurats, Oaths/Affirmations, Proof of Execution, Power to Issue Summons

Awareness

The notary should make every effort to confirm that the signer is generally aware of what is taking place (laypersons judgment), signers doctor can be consulted for professional opinion if hospitalized.

Beneficial Interest

Notaries may not notarize if they have beneficial interests, individually named in the document, or if they will receive any additional fees except as applicable by law.

Blank Documents

Notaries may not notarize blank or incomplete documents, blanks should be filled in by the signer prior to notarization if not applicable the signer should cross through blank spaces or write NA in the space. You may NOT tell the signer what to put in that space, contact the documents issuer.

Blind Signers

A prudent notary will not notarize for a blind person without first reading the document carefully to the person, or by careful questioning the individual to determine their intent. Do not attempt to explain documents, read verbatim.

Bond

Notaries are required to obtain a $15,000 bond and submit it (Notary Public Bond Form) with their completed application. State files bond once approved.

Certificate

Birth, Marriage, Death, other vital records

Certified Copies

A verified exact duplicate of an original document.

Civil Lawsuits

A person may pursue a lawsuit if any person is damaged or injured by a notary's unlawful act, negligence, or misconduct

Complaint and Investigation

Secretary may investigate when a complaint is filed against a notary and there may be a hearing as well.

Credible Identifying witnesses

When a signer is not personally known to the notary and is not able to present reliable Id cards, they may be identified on oath/affirm of one or two credible witnesses

-Must be personally known to signer

-Must not be named or affected by the document or transaction that requires notarization.

Criminal offense

Unauthorized practice of law is considered a class 3 misdemeanor and is punishable by three months imprisonment, a $500 fine, or both.

Death of Notary

The notary's personal representative should notify the Secretary of State.

Depositions

A written transcript of a person's oral statements which the person signs and swears to or affirm before a notary or other oath admin

Notary must administer oath/affirm to deponent and then complete some form of jurat.

Disqualifying Interests

Lack of impartiality by a Notary throws doubt on the integrity when lawfulness of any transaction

-never notarize your own signature

-no financial or beneficial interest in documents

-may not be named in the document

-no fees beyond applicable law

-no notarization for family

Document Content

It is NOT the duty of the notary to verify truthfulness or accuracy of the facts in the text of a document. It would be a breach in the signer's privacy to read these documents. If you see something say something to a public official.

Duplicate Commission

Duplicates will be provided for a fee of $15

E-Notary Fees

Online notary may not charge a fee exceeding $25 for each online notarial act.

Electronic Journal

Notaries must keep, maintain, and protect an electronic journal of all notarial acts that took place during the term of the Notary's authorization to perform online notarizations.

E-notarization

E-commerce provides a need for notaries to witness electronic transactions.

E & O insurance

Provides protection for notaries who are involved in claims or sued for damages resulting from unintentional errors and omissions from the notary. Insurance will cover up to policy limit.

Faxes

A photocopy or fax may be notarized as long as the signature on it is original ie signed with pen and ink. Photocopied signatures may not be notarized.

Foreign Languages

A prudent notary will refer foreign language document to a notary who is versed in that language. Through its not prohibited it is not advised.

Identification Documents

Notaries are allowed to use a current ID issued by a government agency, contains a picture, signature, and physical description of individual.

ID Signers

Nebraska prohibits the performance of any notarial act unless the principal signer is personally known or ID through satisfactory evidence.

Immigration

Do not give advice!!! This is unauthorized practice of law.

Journal

Each notarial act should have record of the signers name, method of ID, date of notarization , and any other reasonable information.

Jurats

A document signer who personally appears before a Notary, is ID properly , and swears or affirms to the notary that the contents of the statement are true.

Jurisdiction

State wide, 4 year term, Registered, Commissioned and Sealed

Malfeasance

Failure to follow requirements and procedures for notary acts, violations of confidentiality, convictions of felony or other crime resulting from dishonesty or fraud.

Mark

Signature for a person who can't sign their babe due to illiteracy or physical disability (X)