Nebraska - U.S. Notary Reference

Last Update: December 19, 2024

Notary Jurisdiction

Statewide (RSN 64-101[2]).

Notary Term Length

Four years (RSN 64-101[9]).

Notary Bond

$15,000 (RSN 64-102 and 64-109).

Notary Seal

Required (RSN 64-210).

Notary Journal

Required for electronic and remote online notarial acts (RSN 64-409[1]; 433 NAC 7.015.01).

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Commissioning Official

Effective July 16, 2004, the Secretary of State replaced the Governor as the Notary appointing and commissioning official for the state of Nebraska (RSN 64-101[1]). The Secretary appoints and commissions one class of Notaries — “General Notaries Public” — with statewide jurisdiction.

Contact Information

1. Address: Office of Secretary of State
   Business Services, Licensing, Rules & Regulations, Notary Section
   1201 N Street, Suite 120
   Lincoln, NE 68508
   P.O. Box 95104
   Lincoln, NE 68509-5104

2. Phone: 402-471-2558

3. Website: https://sos.nebraska.gov/business-services/notary-public

Laws, Rules and Guidelines

1. Laws

   1. Revised Statutes of Nebraska: Most Notary statutes are in the Revised Statutes of Nebraska (RSN), Chapter 64 (“Notaries Public”). The Uniform Recognition of Acknowledgments Act of 1968 is included virtually intact in this chapter as Article 2, Sections 64-201 through 64-210.

   2. Citations: Citations to the Statutes in this chapter follow this convention: RSN, chapter, section, and any subsection or subdivision within the section, if applicable, in brackets. Example: RSN 64-105[1][b].

2. Rules

   1. Nebraska Administrative Code: Rules and regulations governing Nebraska Notaries may be found in the Nebraska Administrative Code (NAC) Title 433, Chapter 6, 7, and 8.

   2. Citations: Citations to the Rules in this chapter follow this convention: Title, NAC, title, chapter, and rule number separated by periods, and any subsection or paragraph within the rule number, if any, separated by brackets. Example: 433 NAC 6.004.02[A]).

3. Guidelines: Other guidelines are in the Secretary’s “Notary Bulletin” quarterly email newsletter are also available on the website.

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Commission Process

1. Qualifications: An applicant for a commission as a Nebraska Notary Public must (RSN 64-101[6]-[8]):
   (a) be at least 19 years old,
   (b) be a resident of Nebraska or of a bordering state and, if the latter, presents evidence of a place of work or business in Nebraska,
   (c) be able to read and write English and
   (d) not have been convicted of a felony, unless a full pardon has been granted, or a crime involving fraud or dishonesty within the previous five years (433 NAC 6.004.03 and 6.004.04).

   1. Definitions

      1. Resident: “Resident means that the applicant considers Nebraska his or her permanent home, or the place to which he or she intends to return after a period of absence. To meet the residency requirement the applicant must live in Nebraska for more than six (6) months out of the year” (433 NAC 6.001.11).

      2. Crime Involving Fraud or Dishonesty: “A ‘crime involving fraud or dishonesty’ means a violation of, or a conspiracy to violate, a civil or criminal law involving fraud, dishonesty, bribery, perjury, larceny, theft, robbery, extortion, forgery, counterfeiting, embezzlement, misappropriation of property, or any other offense adversely affecting such person’s fitness to serve as a Notary Public” (433 NAC 6.004.04[A]).

2. Course: Not required.

3. Exam: Required. “No person shall be appointed a notary public unless he or she has taken and passed a written examination on the duties and obligations of a notary public….” (NRS 64-101[5]).

   1. Preparation: Review the duties and obligations under Notary Statutes, Frequently Asked Questions, and Rules and Regulations on our website to assist you in preparing for the exam. You will be redirected to ClassMarker to complete the exam online” (website, "Steps to Obtain an Initial Notary Commission").

   2. Contents: Questions on the exam will relate to laws, procedures and ethics for Notaries; all applicants for a Notary commission on or after July 16, 2004, must take and pass this exam (NRS 64-101.01). The exam is administered online. The exam is an “open resources test” (433 NAC 6.006.02).

   3. Passing Score, Validity Period: "The exam consists of 20 questions. You will have three attempts to achieve a passing score of 85% prior to being commissioned. Upon passing the exam, you will receive a digital passing examination certificate. The passing exam score will be valid for 90 days from the date of examination. If you are not successful after three attempts, you will no longer be eligible to be a notary public in Nebraska" (website, "Steps to Obtain an Initial Notary Commission").

   4. Retries: Applicants have three attempts to pass the exam; an applicant who does not pass the second time must wait at least 30 days before a re-take; if the applicant does not pass on the third attempt, the applicant shall be considered incompetent to receive a Nebraska Notary Public commission, and will not be eligible to take the exam again (433 NAC 6.006.03). A passing exam score is valid for 90 days from the date of the test (433 NAC 6.006.03[A]); if a passing exam score is not used within 90 days, the applicant has only the remaining attempts left to re-take the test (433 NAC 6.006.03[B]).

   5. Examination Certificate: Applicants who have successfully passed the examination must save a copy of the passing examination certificate as a PDF and upload it when they file their application on the Secretary of State’s online Notary portal (website, "Steps to Obtain an Initial Notary Commission").

4. Application

   1. Online Filing: The Notary application must be filed using the Secretary of State’s online Notary portal.

   2. Bond, Oath: A $15,000 Notary surety bond and a passing examination certificate in PDF form must be uploaded with the application.
      The bond includes the oath of office. “When applying for your bond, you must use the name that you intend to use as your official notary name. Your bond should reference your home address, not your business address. The applicant must sign the bond twice – once as the “principal” of the bond, and the second time in front of another notary public when completing the oath of office. Applicant signatures must be consistent on the bond” (website, “Steps to Obtain an Initial Notary Commission”).

   3. Fee: An application fee of $30 (433 NAC 6.004.01[B]), is payable online by credit/debit card or eCheck. State of Nebraska employees may use Interagency Billing Transaction (IBT) (website, “Steps to Obtain an Initial Notary Commission”).

   4. Citizenship Form: A completed “United States Citizenship Attestation Form” is required for any new or renewing applicant (RSN 4-108 through 4-114) for the applicant to indicate status as a U.S. citizen or legally residing non-citizen.

   5. Evidence of Employment: Nonresident applicants from bordering states (433 NAC 6.004.05) must submit a properly completed “Evidence of Employment in Nebraska” form (433 NAC 6.004.05[A]).

   6. Self-Employed Evidence of Employment: Self-employed applicants should attach a written explanation to the “Evidence of Employment in Nebraska” form (433 NAC 6.004.05[B]).

   7. Bilingual Applications: Bilingual applicants may authorize their names to be placed on a list of bilingual Notaries maintained in the Secretary’s office.

   8. Commission Certificate: “Once you receive the email notifying you that your commission has been approved, log into the portal to download your new Commission Certificate. Print your certificate and take it to any office supply store to order your notary ink stamp seal” (website, “Steps to Obtain an Initial Notary Commission”).

5. Background Screening: Not required.

6. Reappointment

   1. Filing Timeframe: Applications or reappointment should be sent in within 30 days prior to the commission expiration date (RSN 64-104); if the application is received after the commission expiration date, it will be considered an initial application (433 NAC 6.004.02).
      “Renewal applications must be received no later than the date the commission expires” (433 NAC 004.02).

   2. Fee: The fee of $30 for an initial Notary application applies to renewing applications (433 NAC 004.02[B]).

7. Nonresidents: Residents of bordering states — Colorado, Iowa, Kansas, Missouri, South Dakota, Wyoming — who present evidence of the physical location within Nebraska of their place of employment, work or business are eligible to qualify for a Nebraska Notary commission (RSN 64-101[8] and 433 NAC 6.004.05).

Registration to Perform In-Person Electronic and Remote Notarial Acts

1. In-Person Electronic Notarial Acts

   1. Requirement: “Before performing an electronic notarial act, a notary public shall register with the Secretary of State in a manner prescribed by the Secretary of State” (RSN 64-304[1]).

   2. Qualifications: “To be eligible to register as an electronic notary public, a person shall:
      (a) Hold a valid commission as a notary public in the State of Nebraska;
      (b) Satisfy the education requirement of section 64-305; and
      (c) Pay the fee required under section 64-306” (RSN 64-303).

   3. Application: “The registration shall specify the technology the notary public intends to use to perform an electronic notarial act. Such technology shall be provided by an electronic notary solution provider approved by the Secretary of State” (RSN 64-304[3]).
      Applicants for registration as an Electronic Notary must hold and continue to meet the requirements for a valid Nebraska Notary Public commission and comply with all provisions of NRS 64-101 through 64-118.

   4. Registration Term: “The term of registration as an electronic notary public shall coincide with the term of the commission of the notary public” (RSN 64-304[3]).
      “A person registered as an electronic notary public may renew his or her electronic notary public registration at the same time he or she renews his or her notary public commission” (RSN 64-304).

   5. Registration Fee: The fee for registering as an electronic Notary is $100 (433 NAC 7.019). “The fee for registering or reregistering as an electronic notary shall be in addition to the fee required in section 33-102. The Secretary of State shall establish the fee by rule and regulation in an amount sufficient to cover the costs of administering the Electronic Notary Public Act, but the fee shall not exceed one hundred dollars. The Secretary of State shall remit fees received under this section to the State Treasurer for credit to the Administration Cash Fund for use in administering the Electronic Notary Public Act” (RSN 64-306).

   6. Registration is Elective: “Nothing in the Electronic Notary Public Act requires a notary public to register as an electronic notary public if he or she does not perform electronic notarial acts” (RSN 64-315).

   7. Renewal: “A Notary Public applying to renew his or her registration as an electronic notary public will so indicate on his or her notary public renewal application and pay the fee for registration as an electronic notary public, in addition to the fee for renewal of his or her Notary Public commission” (433 NAC 7.004.01).
      The fee for renewing registration as an Electronic Notary is $100 (433 NAC 7.019).

   8. Course and Examination

      1. Requirement: “Before registering as an electronic notary public, a notary public shall take a course of instruction approved by the Secretary of State and pass an examination for such course in addition to the requirements provided in section 64-101.01” (RSN 64-305[1]).

      2. Content for Course, Exam: “The content of the course and the basis for the examination shall include notarial laws, procedures, technology, and the ethics of electronic notarization” (RSN 64-305[2]).

      3. Passing Score: “A passing score on the examination is 85% or better” (433 NAC 7.005.03).

      4. Retakes: An applicant who fails the examination 3 times will be ineligible to take the examination again (433 NAC 7.005.04).

2. Remote Notarial Acts

   1. Requirement: “Before performing an online notarial act, a notary public shall register with the Secretary of State in a manner prescribed by the Secretary of State” (RSN 64-406[1]).

   2. Qualifications: “To be eligible to register as an online notary public, a person shall:
      “(a) Hold a valid commission as a notary public in the State of Nebraska;
      “(b) Satisfy the education requirement of [RSN] section 64-404; and
      “(c) Pay the fee required under [RSN] section 64-405” (RSN 64-403[1]).

   3. Application: “In addition to any additional information prescribed by the Secretary of State, the registration shall include:
      “(a) The technology the notary public intends to use to perform an online notarial act. Such technology shall be provided by an online notary solution provider approved by the Secretary of State;
      “(b) A certification by the notary that he or she will comply with the standards developed under section 64-407; and
      “(c) An email address for the notary” (RSN 64-406[2]).
      “Nothing in the Online Notary Public Act requires a notary public to register as an online notary public if he or she does not perform online notarial acts” (RSN 64-417).
      Applicants for registration as an online Notary must hold and continue to meet the requirements for a valid Nebraska Notary Public commission, take a course of instruction administered by the Secretary of State, pass the mandatory examination with a minimum score of 85%, and provide any other information required by the Secretary.

   4. Registration Fee: The fee to register as an online Notary is $50 (RSN 64-405; 433 NAC 8.019).

   5. Course and Exam

      1. Administration: “The Secretary will administer the training course and testing for Applicants for online notary public registration” (433 NAC 8.005.01).

      2. Passing Score: “A passing score on the examination is 85% or better” (433 NAC 8.005.03).

      3. Retakes: An applicant who fails the examination 3 times will be ineligible to take the examination again (433 NAC 8.005.04).

   6. Renewal: “An application to renew registration as an online notary public shall specify any change in the technology the online notary public intends to use to perform online notarial acts. Such technology shall be provided by an online notary solution provider approved by the Secretary of State” (RSN 64-406[4]).
      “A person registered as an online notary public may renew his or her online notary public registration at the same time he or she renews his or her notary public commission” (RSN 64-406[5]).

   7. Term: “The term of registration as an online notary public shall coincide with the term of the commission of the notary public” (RSN 64-406[3]).

Online Search

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Jurisdiction

“There shall be one class of such appointments which shall be valid in the entire state and referred to as general notaries public” (RSN 64-101[2]).

Term Length

“Each person appointed a notary public shall hold office for a term of four years from the effective date of his or her commission unless sooner removed” (RSN 64-101[9]).

Bond

1. Bond Amount, Filing: “A general commission shall not authorize the holder thereof to act as a notary public anywhere in the State of Nebraska until a bond in the sum of fifteen thousand dollars, with an incorporated surety company as surety, has been executed and approved by and filed in the office of the Secretary of State. Upon the filing of such bond with the Secretary of State and the issuance of such commission, such notary public shall be authorized and empowered to perform any and all the duties of a notary public in any and all the counties in the State of Nebraska. Such bond shall be conditioned for the faithful performance of the duties of such office” (RSN 64-102).

2. Notary and Surety Liable: “If any person shall be damaged or injured by the unlawful act, negligence or misconduct of any notary public in his official capacity, the person damaged or injured may maintain a civil action on the official bond of such notary public against such notary public, and his sureties, and a recovery in such action shall not be a bar to any future action for other causes to the full amount of the bond” (RSN 64-109).

Changes of Status

1. Name Change: “Any person, whose name is legally changed after a commission as a notary public is issued to him or her, may continue to act as such notary public and use the original commission, seal, and name until the expiration or termination of such commission. The bond given by such notary public shall continue in effect, regardless of such legal change of name of such notary public, if the notary public uses the name under which the commission is issued” (RSN 64-114).
   The Notary also has the option of changing the name on the commission (433 NAC 6.005.01[B]). This will entail filling out a “Notary Public Request to Change Record” form on the Secretary of State’s online Notary portal, obtaining a bond in the new name or a rider changing the name on the bond.
   A change of name must be submitted by logging into the Notary’s account on the Secretary of State’s online Notary portal (website, “How to make changes to my Notary Public Commission”).
   Upon receipt of these items, a new commission with a new expiration date will be issued (website, “Frequently Asked Questions”). The Notary must then obtain a seal imprinting the new name.

2. Address Change: A Notary must notify the Secretary of State of any change of residence within 45 days of the change (RSN 64-105.04), using the “Notary Public Request to Change Record” form, downloadable from the website. No fee will be assessed for updating address information (433 NAC 6.005.02[A]-[B]).
   “Every notary public removing from the State of Nebraska shall notify the Secretary of State of such removal. Such a removal shall terminate the term of his office” (RSN 64-112).

3. Resignation: A Notary who wishes to resign the commission must log on to the Secretary of State’s online Notary portal, search for their Notary commission, click on the Notary’s name, and select to “File an Amendment” and choose the filing “Notary Public – Resignation” (website, “How to make changes to my Notary Public Commission”).
   Resigning one’s Electronic Notary registration is submitted using a similar process, with the exception of selecting “Online Notary Public/In-Person Electronic Notary Public – Resignation.”

4. Nonresident’s Employment Terminated: “If a non-resident is terminated from a regular place of work or business in Nebraska a Notary Public is to relinquish his or her Notary Public Commission by returning the commission certificate and seal to the Secretary” (433 NAC 6.005.03[A]).

5. Revocation: “Within fifteen days after such removal or revocation and notice thereof, such notary public shall deposit, with the Secretary of State, the commission as notary public and notarial seal” (RSN 64-113[1]).

6. Electronic Notaries: “(1) When the registration of an electronic notary public expires or is resigned, canceled, or revoked or when an electronic notary public dies, he or she or his or her duly authorized representative shall erase, delete, or destroy the coding, disk, certificate, card, software, file, or program that enables the attachment or logical association of the notary public’s electronic signature.
   “(2) A former electronic notary public whose previous registration was not revoked, canceled, or denied by the Secretary of State need not erase, delete, or destroy the coding, disk, certificate, card, software, file, or program that enables the attachment or logical association of the notary public’s electronic signature if he or she is reregistered as an electronic notary public using the same electronic signature within three months after the registration expires” (RSN 64-311).
   “In addition to complying with Title 433 NAC 6 005, Changes to Notary Public Commission Information, an electronic notary public is to notify the Secretary in writing within forty-five (45) days after changing his or her Approved Electronic Notary Solution Provider” (433 NAC 7.017.01).
   “An electronic notary public, or his or her duly authorized representative, who is required to certify that he or she has erased, deleted, or destroyed the coding, disk, certificate, card, software, file, password, or program that enables the electronic affixation of the electronic notary public’s electronic signature and electronic notary seal, in compliance with Neb. Rev. Stat. § 64-311, is to do so in writing to the Secretary within three months after the registration of the electronic notary public expires, is resigned, canceled, or revoked or upon the death of the electronic notary public” (433 NAC 7.018).

7. Remote Notaries: “In addition to complying with Title 433 NAC 6 005, Changes to Notary Public Commission Information, an online notary public is to notify the Secretary in writing within forty-five (45) days after any changing Online Notary Systems or Approved Online Notary Solution Providers” (433 NAC 8.017.01).
   “(1) Except as provided in subsection (2) of this section, when the registration of an online notary public expires or is resigned, canceled, or revoked or when an online notary public dies, he or she or his or her duly authorized representative shall erase, delete, or destroy the coding, disk, certificate, card, software, file, password, or program that enables the electronic affixation of the online notary public’s official electronic signature and online notary seal. The online notary public or his or her duly authorized representative shall certify compliance with this subsection to the Secretary of State.
   “(2) A former online notary public whose previous registration was not revoked, canceled, or denied by the Secretary of State need not comply with subsection (1) of this section if he or she is reregistered as an online notary public using the same electronic signature within three months after the former registration expired” (RSN 64-413).
   “An online notary public, or his or her duly authorized representative, who is required to certify that he or she has erased, deleted, or destroyed the coding, disk, certificate, card, software, file, password, or program that enables the electronic affixation of the online notary public’s electronic signature and online notary seal, in compliance with Neb. Rev. Stat. § 64- 413, is to do so in writing to the Secretary within three months after the registration of the online notary public expires, is resigned, canceled, or revoked or upon the death of the online notary public” (433 NAC 8.018.01).

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Authorized Acts

1. Notarial Acts: Nebraska Notaries are authorized to perform the following notarial acts (RSN 64-107 and 433 NAC 6.001.07):

   1. Take acknowledgments and proofs;

   2. Administer oaths and affirmations;

   3. Execute jurats for signings by mark (RSN 64-105.02[1][d]);

   4. Execute signature witnessings for signings by mark (RSN 64-105.02[1][d]);

   5. Take depositions;

   6. Issue summons and command presence of witnesses for depositions in civil lawsuits, when directed to do so (RSN 64-108).

2. In-Person Electronic Notarial Acts: Nebraska Notaries who have registered to perform in-person electronic notarial acts are authorized to perform the following acts (RSN 64-307):

   1. Take acknowledgments;

   2. Execute jurats;

   3. Execute verifications or proofs;

   4. Administer oaths and affirmations.

3. Remote Notarial Acts: Nebraska Notaries who have registered to perform remote notarial acts are authorized to perform the following acts (RSN 64-408):

   1. Take acknowledgments;

   2. Execute jurats;

   3. Execute verifications or proofs;

   4. Administer oaths and affirmations.

Acknowledgments

1. Definition: “The words acknowledged before me means:

   1. Personal Appearance: “… [t]hat the person acknowledging appeared before the person taking the acknowledgment…” (RSN 64-205[1][a]).
      “For purposes of this section, appearance before the person taking an acknowledgement includes an appearance outside the presence of a notary public if such acknowledgment was completed in accordance with the Online Notary Public Act” (RSN 64-205[1][d]).

   2. Declaration: “… [t]hat he or she acknowledged he or she executed the instrument…. (RSN 64-205[1][b]).

   3. Representative Capacity: “… [t]hat, in the case of:
      “(i) A natural person, he or she executed the instrument for the purposes therein stated;
      “(ii) A corporation, the officer or agent acknowledged he or she held the position or title set forth in the instrument and certificate, he or she signed the instrument on behalf of the corporation by proper authority and the instrument was the act of the corporation for the purpose therein stated;
      “(iii) A partnership, the partner or agent acknowledged he or she signed the instrument on behalf of the partnership by proper authority and he or she executed the instrument as the act of the partnership for the purposes therein stated;
      “(iv) A limited liability company, the member or agent acknowledged he or she signed the instrument on behalf of the limited liability company by proper authority and he or she executed the instrument as the act of the limited liability company for the purposes therein stated;
      “(v) A person acknowledging as principal by an attorney in fact, he or she executed the instrument by proper authority as the act of the principal for the purposes therein stated; or
      “(vi) A person acknowledging as a public officer, trustee, administrator, guardian, or other representative, he or she signed the instrument by proper authority and he or she executed the instrument in the capacity and for the purposes therein stated…” (RSN 64-205[1][c]).

   4. Identity of Principal: “… [t]hat the person taking the acknowledgment either knew or had satisfactory evidence that the person acknowledging was the person named in the instrument or certificate” (RSN 64-205[1][d]).

2. Requirements: “(1) The person taking an acknowledgment shall certify that:

   1. Personal Appearance: “… [t]he person acknowledging appeared before him or her and acknowledged he or she executed the instrument….” RSN 64-203[a]).

   2. Identity of Principal: “… [t]he person acknowledging was known to the person taking the acknowledgment or that the person taking the acknowledgment had satisfactory evidence that the person acknowledging was the person described in and who executed the instrument” (RSN 64-203[b]).

Proofs

“If the grantor dies before acknowledgment, or if for any cause his attendance cannot be procured in order to make the same, or having appeared, he refused to acknowledge it, proof of the execution and delivery of the deed may be made by any competent subscribing witness thereto before any officer authorized to take acknowledgments. The witness must state, upon oath, his own place of residence, that he set his name to the deed as witness, that he knew the grantor in such deed, and saw him sign or heard him acknowledge he had signed the same. Such proof shall not be taken unless the officer is personally acquainted with such subscribing witness, or has satisfactory evidence that he is the same person who was a subscribing witness to such deed” (RSN 76-228).

Oaths and Affirmations

“Whenever an oath is required by this code, the affirmation of a person conscientiously scrupulous of taking an oath, shall have the same effect.” (RSN 25-2220).

Depositions

Definition: “A deposition is a written declaration under oath or a videotape taken under oath in accordance with procedures provided by law, made upon notice to the adverse party for the purpose of enabling him to attend and cross-examine, or made upon written interrogatories” (RSN 25-1242).

Summons

“Every notary public, when notice by a party to any civil suit pending in any court of this state upon any adverse party for the taking of any testimony of witnesses by deposition, or any commission to take testimony of witnesses to be preserved for use in any suit thereafter to be commenced, has been deposited with him, or when a special commission issued out of any court of any state or country without this state, together with notice for the taking of testimony by depositions or commissions, has been deposited with him or her, is empowered to issue summons and command the presence before him or her of witnesses. All sheriffs and constables in this state are required to serve and return all process issued by notaries public in the taking of testimony of witnesses by commission or deposition” (RSN 64-108).

In-Person Electronic Notarial Acts

Definition: “Electronic notarial act means an official act by an electronic notary public that involves electronic documents” (RSN 64-302[3]).

Remote Notarial Acts

Definition: “Online notarial act means the performance by an online notary public of a function authorized under section 64-408 that is performed by means of communication technology that meets the standards developed under section 64-407” (RSN 64-402[7]).

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Personal Appearance

1. Notarial Acts: “A notary public shall not perform any notarial act … if the principal … [i]s not in the presence of the notary public at the time of the notarial act” (RSN 64-105[1][a]).

2. Remote Notarial Acts: “An online notarial act performed under the Online Notary Public Act satisfies any requirement of law of this state that a principal appear before, appear personally before, or be in the physical presence of a notary public at the time of the online notarial act except for requirements under:
   “(a) A law governing the creation and execution of wills, codicils, or testamentary trusts; or
   “(b) The Uniform Commercial Code other than article 2 and article 2A” (RSN 64-418[2]).
   “For purposes of this section, appearance before the person taking an acknowledgement includes an appearance outside the presence of a notary public if such acknowledgement was completed in accordance with the Online Notary Public Act (RSN 64-203[2]).

Identification

1. Notarial Acts

   1. Definitions

      1. Satisfactory Evidence: “For purposes of this section:
         “a. Identified by the notary public through satisfactory evidence means identification of the individual based on:
         “i. At least one document issued by a government agency that is current and that bears the photographic image of the individual’s face and signature and a physical description of the individual, except that a properly stamped passport without a physical description is satisfactory evidence; or
         “ii. The oath or affirmation of one credible witness unaffected by the document or transaction to be notarized who is personally known to the notary public and who personally knows the individual, or the oaths or affirmations of two credible witnesses unaffected by the document or transaction to be notarized who each personally knows the individual and shows to the notary public documentary identification as described in subdivision (a)(i) of this subsection; and (RSN 64-105[2][a]).

      2. Personal Knowledge: “Personal knowledge of identity or personally known means familiarity with an individual resulting from interactions with that individual over a period of time sufficient to dispel any reasonable uncertainty that the individual has the identity claimed” (RSN 64-105[2][b]).

   2. Requirement: “A notary public shall not perform any notarial act … if the principal … [is] not personally known to the notary public or identified by the notary public through satisfactory evidence” (RSN 64-105[1][b]).

   3. Representative Capacity: “If someone signs an Acknowledgement as President of a Corporation, Trustee of a Trust, etc., in addition to proof of personal identity, does the Notary also need to ask for proof of their official capacity with the Corporation or Trust? – No, proof of official capacity is not required” (website, “Frequently Asked Questions”).

2. Remote Notarial Acts

   1. Definitions

      1. Remote Presentation: “Remote presentation means transmission to the online notary public through communication technology of an image of a government- issued identification credential that is of sufficient quality to enable the online notary public to:
         “(a) Identify the individual seeking the online notary public’s services; and
         “(b) Perform credential analysis” (RSN 64-402[14]).

      2. Credential Analysis: “Credential analysis means a process or service operating according to criteria approved by the Secretary of State through which a third person affirms the validity of a government-issued identification credential through review of public and proprietary data sources” (RSN 64-402[2]).

      3. Identity Proofing: “Identity proofing means a process or service operating according to criteria approved by the Secretary of State through which a third person affirms the identity of an individual through review of personal information from public or proprietary data sources” (RSN 64-402[6]).

   2. Requirement: “In performing an online notarial act, an online notary public shall verify the identity of an individual creating an electronic signature. Identity shall be verified by:
      “(a) The online notary public’s personal knowledge of the individual creating the electronic signature;
      “(b) All of the following:
      “(i) Remote presentation by the individual creating the electronic signature of a government-issued identification credential that is current and that bears the photographic image of the individual’s face and signature and a physical description of the individual, except that a properly stamped passport without a physical description is satisfactory evidence;
      “(ii) Credential analysis of such credential; and
      “(iii) Identity proofing of the individual creating the electronic signature; or
      “(c) Oath or affirmation of a credible witness who is in the physical presence of either the online notary public or the individual and who has personal knowledge of the individual if:
      “(i) The credible witness is personally known to the online notary public; or
      “(ii) The online notary public has verified the identity of the credible witness under subdivision (2)(b) of this section” (RSN 64-411[2]).

   3. Credential Analysis Standards: On online Notary solution provider’s system must utilize credential analysis that:

      1. Uses automated software processes to aid the online Notary in verifying the identity of a principal or credible witness;

      2. Ensures that the credential passes an authenticity test, consistent with sound commercial practices that uses appropriate technologies to confirm the integrity of visual, physical, or cryptographic security features, uses appropriate technologies to confirm that the credential is not fraudulent or inappropriately modified, uses information held or published by the issuing source or authoritative sources, as available, to confirm the validity of personal details and credential details, and provides the result of the authenticity test to the online notary public; and

      3. Enables the online Notary public to visually compare the following for consistency: the information and photo presented on the credential itself and the principal as viewed by the online Notary in real time through audio-visual transmission (433 NAC 8.010.03).

   4. Identity Proofing Standards: An online Notary solution provider’s system must utilize identity proofing that:

      1. Presents a test of 5 questions related to the principal’s personal history or identity, formulated from public and proprietary data sources;

      2. Presents a minimum of five possible answer choices for each question;

      3. Requires at least 80% of the questions are to be answered correctly; requires questions to be answered within 2 minutes;

      4. Allows a the principal who fails the attempt to retake the quiz once within 24 hours;

      5. Replaces a minimum of 60% of the prior questions in the retake exam; and

      6. Does not allow the principal who fails the second attempt to retry with the same online Notary for 24 hours (433 NAC 8.010.04).

   5. Exiting the Session: A principal or online notary public who exits the online Notary solution or the audio or visual feed that is interrupted or terminated will necessitate the principal to restart the online notarial process from the beginning (433 NAC 8.010.05).

Refusal of Services

“Notaries Public cannot refuse to provide services on the basis of race, color, national origin, religion, sex (including pregnancy), disability, or marital status” (433 NAC 6.002.05).

Awareness or Competence

1. Capable of Understanding: “Notaries Public should be aware of the condition of the signor. Special attention should be given when asked to notarize the signature of … persons that might not have the capability of understanding the document that they are signing. If the Notary Public reasonably believes the signor does not understand the document they should refuse to notarize” (433 NAC 6.002.04).

2. Minors: “Special attention should be given when asked to notarize the signature of a minor child....” (433 NAC 6.002.04).
   “Can I notarize the signature of a minor? – The law does not prohibit notarizing a document signed by a minor; however, you should be cautious because a minor may not understand the document they are signing. You would still need satisfactory evidence of identification.…” (website, “Frequently Asked Questions”).

Incomplete Documents

1. Prohibition: “Blank or incomplete documents should not be notarized” (433 NAC 6.002.01[B]).

2. Duty: “Is a Notary Public required to read the document to be notarized or offer advice about the content of the document? – No, A Notary is not required to read the document.… You should point out blanks to the principal … and explain that others could complete them after the notarizing without permission…. If you keep a journal, note how the principal decided to deal with them” (website, “Frequently Asked Questions”).

Signature by Mark

“A notary public may certify the affixation of a signature by mark on a document presented for notarization if:
“(a) The mark is affixed in the presence of the notary public and of two witnesses unaffected by the document;
“(b) Both witnesses sign their own names beside the mark;
“(c) The notary public writes below the mark: ‘Mark affixed by (name of signer by mark) in presence of (names and addresses of witnesses) and undersigned notary public’;
“(d) The notary public notarizes the signature by mark through an acknowledgment, jurat, or signature witnessing.” (RSN 64-105.02[1])

Signature by Proxy

“A notary public may sign the name of a person physically unable to sign or make a mark on a document presented for notarization if:
“(a) The person directs the notary public to do so in the presence of two witnesses unaffected by the document;
“(b) The notary public signs the person’s name in the presence of the person and the witnesses;
“(c) Both witnesses sign their own names beside the signature;
“(d) The notary public writes below the signature: ‘Signature affixed by notary public in the presence of (names and addresses of person and two witnesses)’; and
“(e) The notary public notarizes the signature through an acknowledgment, jurat, or signature witnessing” (RSN 64-105.02[2]).

Disqualifying Interest

1. Financial or Beneficial: A Nebraska Notary Public is disqualified from performing a notarization if the Notary “has a financial or beneficial interest in the transaction other than receipt of the ordinary notarial fee or is individually named as a party to the transaction” (RSN 64-105.01[2]) except that a Notary is not disqualified in the following instances set forth in RSN 64-211 through 64-215.

2. Exceptions: Nebraska law does not disqualify the Notary from performing a notarial act in these circumstances (RSN 64-105.01[2]):

   1. An attorney, an employer or associate of an attorney, or a stockholder, officer or employee of a professional law corporation may notarize for the professional activities of that attorney or corporation (RSN 64-211[1]);

   2. A real estate salesman or broker, or an employee or associate of such, may notarize for clients (RSN 64-211[2]);

   3. An employee, member, shareholder, officer, agent or director of an insurance company, cooperative credit association or credit union may notarize for the company, association or union (RSN 64-212 and 64-213);

   4. A stockholder, officer or director of a bank may notarize for the bank (RSN 64-214);

   5. An employee, shareholder, director, agent or officer of a savings and loan association or industrial loan and investment company may notarize for the association or company (RSN 64-215).

3. Relatives: “A notary public is disqualified from performing a notarial act … if the notary is a spouse, ancestor, descendant, or sibling of the principal, including in-law, step, or half relatives” (RSN 64-105.01[1]).
   The Secretary of State has clarified that Nebraska Notaries may not notarize for their parents, grandparents, children, grandchildren, spouses, brothers and sisters, nor for their in-laws, step or half relatives (website, “Frequently Asked Questions”).

Unauthorized Practice of Law

1. General Prohibition: “1. A notary public who is not an attorney shall not engage in the unauthorized practice of law as provided in this section.

2. Specific Prohibitions

   1. Determining Type of Act: “If notarial certificate wording is not provided or indicated for a document, a notary public who is not an attorney shall not determine the type of notarial act or certificate to be used” (RSN 64-105.03[2]).

   2. Giving Legal Assistance: “A notary public who is not an attorney shall not assist another person in drafting, completing, selecting, or understanding a document or transaction requiring a notarial act” (RSN 64-105.03[3]).

   3. Misrepresentation: “ A notary public who is not an attorney shall not claim to have powers, qualifications, rights, or privileges that the office of notary public does not provide, including the power to counsel on immigration matters” (RSN 64-105.03[4]).

   4. Use of Notario Publico: “A notary public who is not an attorney may not use the term notario publico or any equivalent non-English term in any business card, advertisement, notice, or sign” (RSN 64-105.03[6]).

3. Exception: “This section does not preclude a notary public who is duly qualified, trained, or experienced in a particular industry or professional field from selecting, drafting, completing, or advising on a document or certificate related to a matter within that industry or field” (RSN 64-105.03[7]).

4. Advertising: “A notary public who is not an attorney and who advertises notarial services in a language other than English shall include in any advertisement, notice, letterhead, or sign a statement prominently displayed in the same language as follows: ‘I am not an attorney and have no authority to give advice on immigration or other legal matters’ (RSN 64-105.03[5]).

In-Person Electronic Notarial Acts

1. Applicable Law

   1. Uniform Electronic Transactions Act: Effective July 13, 2000, Nebraska adopted the Uniform Electronic Transactions Act (RSN 86-612 through 86-643), including the provision on notarization and acknowledgment, thereby recognizing the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (RSN 86-638).

   2. Electronic Notary Public Act: Effective July 1, 2017, Nebraska has adopted the Electronic Notary Public Act (RSN 64-301 through 64-317). The provisions of the Act are summarized below.

   3. Nebraska Administrative Code, Title 433, Chapter 7: Effective July 1, 2017, the Secretary of State adopted rules to implement the Electronic Notary Act codified in the Nebraska Administrative Code. These rules are summarized below.

2. Technology Systems

   1. Definition: “Electronic notary solution provider means a provider of any electronic notary seals or electronic signatures” (RSN 64-302[6]).

   2. Requirements: Among the criteria for approval, systems must (433 NAC 7.010[E], [F], [H], [I]):
      (1) Require an Electronic Notary to present an Electronic Notary Certificate to Perform Electronic Notary Acts prior to authorizing an Electronic Notary signature and seal;
      (2) Verify the authorization of an Electronic Notary to perform electronic notarial acts from the Secretary of State’s website prior to authorizing an Electronic Notary signature and seal;
      (3) Suspend the use of the system for any Electronic Notary whose commission has been revoked, suspended or canceled by the Secretary; and
      (4) Submit an exemplar of the Electronic Notary’s signature and seal of each Electronic Notary who subscribes to the system to the Secretary.

   3. Approval of System Providers: Required. A Notary’s registration to perform in-person electronic notarial acts must include “[t]he technology the notary public intends to use to perform an electronic notarial act. Such technology shall be provided by an electronic notary solution provider approved by the Secretary of State” (RSN 64-304[2]).
      The Nebraska State Rules and Regulations contain extensive application procedures and criteria for approval for electronic notarization solution providers in 433 NAC 8.009 and 8.010.

   4. List of Approved System Providers: The Secretary of State maintains a listing of technology providers whose systems for in-person electronic notarization have been approved by the Secretary at https://sos.nebraska.gov/sites/sos.nebraska.gov/files/doc/business-services/Notary/ApprovedInPersonElectronicNotarySolutionProviders.pdf.

3. Physical Presence and Identification: “An electronic notarial act shall not be performed if the signer of the electronic document is not in the physical presence of the electronic notary public at the time of notarization and is not personally known to the electronic notary public or identified by the notary public through satisfactory evidence as provided in section 64-105” (RSN 64-308).
   “When an electronic notary public performs an electronic notarization, the principal and the electronic notary public must be in each other’s physical presence during the entire electronic notarization so that the principal and the electronic notary public can see, hear, communicate with, and give identification documents as stated in Neb. Rev. Stat. § 64-105 to each other without the use of electronic devices such as telephones, computers, video cameras, or facsimile machines” (433 NAC 7.008).

4. Components of Electronic Acts: “In performing an electronic notarial act, all of the following components shall be attached to, or logically associated with, the electronic document by the electronic notary public and shall be immediately perceptible and reproducible in the electronic document to which the notary public’s electronic signature is attached: (1) The electronic notary seal; (2) the notary public’s electronic signature; and (3) the completed wording of one of the following notarial certificates: (a) Acknowledgment, (b) jurat, (c) verification or proof, or (d) oath or affirmation” (RSN 64-309).

5. Journal: For the requirement that electronic Notaries keep an electronic journal, see “Records of Notarial Acts, below.”

6. Other Laws Apply: “Sections 64-101 to 64-119 and 64-211 to 64-215 and the Uniform Recognition of Acknowledgments Act govern an electronic notary public unless the provisions of such sections and act are in conflict with the Electronic Notary Public Act, in which case the Electronic Notary Public Act controls” (RSN 64-317).

Remote Notarial Acts

1. Applicable Law

   1. Online Notary Public Act: Effective July 1, 2017, Nebraska has adopted the Online Notary Public Act (RSN 64-401 through 64-418). The provisions of the Act are summarized below.

   2. Nebraska Administrative Code, Title 433, Chapter 8: Effective July 1, 2017, the Secretary of State adopted rules to implement the Online Notary Act codified in the Nebraska Administrative Code. These rules are summarized below.

2. Technology Systems

   1. Approval of System Providers: Required. A Notary’s registration to perform online notarial acts must include “[t]he technology the notary public intends to use to perform an online notarial act. Such technology shall be provided by an online notary solution provider approved by the Secretary of State” (RSN 64-406[2][a]).
      The Nebraska State Rules and Regulations contain extensive application procedures and criteria for approval for electronic notarization solution providers in 433 NAC 8.009 and 8.010.
      The criteria for approval in 433 NAC 8.010.01 largely mirror the requirements for Electronic Notary solution providers in 433 NAC 7.010.01 (see “Electronic Notary Rules and Regulations,” above).

   2. List of Approved System Providers: The Secretary of State maintains a listing of technology providers whose systems have been approved by the Secretary at https://sos.nebraska.gov/sites/sos.nebraska.gov/files/doc/business-services/Notary/ApprovedOnlineNotarySolutionProviders.pdf.

3. Exceptions: According to RSN 64-418[2], an online notarial act performed under the Online Notary Public Act satisfies any requirement of Nebraska law that a principal appear before, appear personally before, or be in the physical presence of a Notary at the time of the online notarial act except for requirements under:
   (a) a law governing the creation and execution of wills, codicils, or testamentary trusts; or
   (b) the Uniform Commercial Code other than article 2 and article 2A.

4. Location of Principal: “An online notary public may perform an online notarial act authorized under [RSN] section 64-408 that meets the requirements of the Online Notary Public Act and the rules and regulations adopted and promulgated thereunder regardless of whether the principal is physically located in this state at the time of the online notarial act” (RSN 64-411[1]).

5. Location of Online Notary: “When an online notary public performs an online notarial act, he or she must be physically located in the State of Nebraska” (433 NAC 8.008).

6. Communication Technology

   1. Definition: “Communication technology means an electronic device or process that allows an online notary public and an individual who is not in the physical presence of the online notary public to communicate with each other simultaneously by sight and sound” (RSN 64-402[1]).

   2. Requirements: On online Notary solution provider’s system must utilize communication technology that (433 NAC 8.010.02):

      1. Provides for continuous, synchronous audio-visual feeds;

      2. Provides sufficient audio and visual clarity to enable the online Notary and principal to see and speak with one another through live, real time transmission;

      3. Provides sufficient captured image resolution to facilitate credential analysis of the credential presented to the online Notary;

      4. Includes a means of authentication that ensures that only the proper parties have access to the online session;

      5. Is capable of securely creating and storing or transmitting securely to be stored the electronic recording, keeping confidential the identity proofing questions and the means and methods used to generate the credential analysis output; and

      6. Provides reasonable security measures to prevent unauthorized access to the live audio-video communication, the audio-visual recording, the verification methods and credentials used to verify the identity of the principal; and the electronic documents presented for online notarization.

7. Electronic Journal and Recording: For the requirements of keeping an electronic journal and a recording the audio and visual event of each online notarization, see “Records of Notarial Acts,” below.

8. Security of Online Session: “The online notary public shall take reasonable steps to ensure that the communication technology used in an online notarial act is secure from unauthorized interception” (RSN 64-411[3]).

9. Other Laws Apply: “[RSN] Sections 64-101 to 64-119 and 64-211 to 64-215 and the Uniform Recognition of Acknowledgments Act govern an online notary public unless the provisions of such sections and act are in conflict with the Online Notary Public Act, in which case the Online Notary Public Act controls” (RSN 64-418[1]).

10. Validity of Remote Notarial Acts: “No otherwise valid online notarial act performed on or after April 2, 2020, and before July 1, 2020, pursuant to the Governor’s Executive Order No. 20-13, dated April 1, 2020, shall be invalidated because such act was performed prior to the operative date of Laws 2019, LB186” (RSN 64-419).

11. Validity of Deed, Mortgage, Trust Deed, Other Documents: “No deed, mortgage, trust deed, or other instrument in writing for the conveyance or encumbrance of real estate, or any interest therein, shall be invalidated because it involved the performance of an online notarial act on or after April 2, 2020, and before July 1, 2020, pursuant to the Governor’s Executive Order No. 20-13, dated April 1, 2020. Such deed, mortgage, trust deed, or other instrument in writing is declared to be legal and valid in all courts of law and equity in this state and elsewhere” (RSN 64-420).

Protests

Due to enactment of Legislative Bill 398, effective in July 2012, Nebraska Notaries may no longer perform the notarial act of protest (RSN 64-107). Repealed in this legislation was the Nebraska Notary’s former power “to demand acceptance or payment of any foreign, inland, domestic bill of exchange, promissory note or other obligation in writing, and to protest the same for nonacceptance or nonpayment, as the case may be, and give notice to endorsers, makers, drawers or acceptors of such demand or nonacceptance or nonpayment”; also repealed was the Nebraska Notary’s exercise of such other powers as are authorized “by the law of nations, and according to commercial usage, or by the laws of … any other government or country, (as) may be exercised and performed by notaries public.”

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Certificate Forms

Nebraska has adopted the Uniform Recognition of Acknowledgments Act’s short-form certificates. These certificate forms, as well as others authorized by the Secretary of State, appear below.

The Notary’s official seal must be affixed to each short-form certificate prescribed by the Act (RSN 64-210).

The forms appearing on the Secretary of State’s website containing these short-form certificates (“Sample Acknowledgement Forms”) contain the additional lines appearing at the top left corner before the wording of the acknowledgment:

“Page ____, of ____
“Description of Document _____________

Remote Notarial Certificate

1. Definition: “Online notarial certificate means the portion of a notarized electronic document that is completed by an online notary public and that contains the following:
   “(a) The online notary public’s electronic signature, online notary seal, title, and commission expiration date;
   “(b) Other required information concerning the date and place of the online notarial act; and
   “(c) The completed wording of one of the following notarial certificates:
   “(i) Acknowledgment,
   “(ii) jurat,
   “(iii) verification of proof, or
   “(iv) oath or affirmation” (RSN 64-402[8]).

2. Indication Language: “The online notarial certificate for an online notarial act must include a notation that the notarial act is an online notarial act” (RSN 64-411[5]).

Understanding Certificate

A Nebraska Notary Public is disqualified from performing a notarization if the Notary “(d)oes not understand the acknowledgment or notarial certificate used to certify the performance of his or her duties (RSN 64-105.01[3]).

Incomplete Certificate

“The Notarial certificate or acknowledgment must be completed in its entirety including dates, state and county of notarial act” (433 NAC 6.002.01[A]).

Pre- and Post-Dating a Certificate

“Notaries Public may not post-date or pre-date a document” (433 NAC 6.002.01[C]).

Attaching a Certificate

“Must the attestation clause and notarization appear on the same page as the principal’s signature? – Ideally, both the attestation clause and notarization would appear on the same page (as the principal’s signature); however, it is not required by law…. An attestation clause may be typed on a separate piece of paper and then signed, notarized, and stapled to the document presented for notarization” (website, “Frequently Asked Questions”).

“Nebraska Rev. Stat. Sec. 64-105.03[2] states, ‘If notarial certificate wording is not provided or indicated for a document, a notary public who is not an attorney shall not determine the type of notarial act or certificate to be used…. If you, as a Notary, are presented with a document to be notarized that does not have an attestation clause, you should suggest to the principal:
“● That the document does not have an attestation clause, and a Notary merely signing the document and affixing their seal does not constitute a proper notarial act.
“ ● That the principal may want to have an attorney review the document and affix a proper attestation clause.
“● If the principal chooses not to use an attorney and is comfortable making the decision himself or herself, you may show the acknowledgements given here and ask the principal if one of these acknowledgements would work for their document. If the principal selects one of the acknowledgements, you may then fill out the wording in the acknowledgement, have the principal sign (after being properly identified), proceed to notarize the document and then attach the acknowledgement to the document” (website, “Sample Notary Acknowledgements”).

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Definitions

1. Electronic Notary Seal: “Electronic notary seal means information within a notarized electronic document that includes the notary public’s name, jurisdiction, and commission expiration date and generally corresponds to the data in notary seals used on paper documents” (RSN 64-302[5]).

2. Online Notary Seal: “Online notary seal means information within a notarized electronic document that confirms the online notary public’s name, jurisdiction, identifying number, and commission expiration date and generally corresponds to the data in notary seals used on paper documents” (RSN 64-402[10]).

Seal Requirement

1. Notarial Acts: Required.
   “Each notary public, before performing any duties of his or her office, shall provide himself or herself with an official ink stamp seal” (RSN 64-210[1]).
   “Over his or her signature and official seal, he or she shall certify the performance of such duties so exercised and performed under this section” (RSN 64-107).

2. In-Person Electronic Notarial Acts: Required
   “In performing an electronic notarial act, all of the following components shall be attached to, or logically associated with, the electronic document by the electronic notary public and shall be immediately perceptible and reproducible in the electronic document to which the notary public’s electronic signature is attached … [t]he electronic notary seal.…” (RSN 64-309).

3. Remote Notarial Acts: Required.
   “An online notary public shall attach the online notary public’s electronic signature and online notary seal to the online notarial certificate of an electronic document in a manner that is capable of independent verification and that renders evident any subsequent change or modification to the electronic document” (RSN 64-411[4]).

Seal Format

1. Notarial Acts

   1. Inked Stamp: “Each notary public, before performing any duties of his or her office, shall provide himself or herself with an official ink stamp seal.…” (RSN 64-210[1]).

   2. Legibility: “Notaries Public will affix a clear and legible impression of his or her stamp to a document” (433 NAC 6.002.02[A]).

   3. Shape/Size: Not specified.

   4. Components:

      1. Name of Notary exactly as on commission;

      2. “State of Nebraska”;

      3. “General Notary” or “General Notarial”;

      4. Commission expiration date.*

      5. Effective for all commissions issued after August 31, 2007, a Notary seal must include an expiration date. Formerly, this date was optional in the seal.

2. In-Person Electronic Notarial Acts

   1. Image of Seal: “An image of the electronic notary’s electronic seal is to appear on any visual or printed representation of the electronic notary certificate regardless of the technology being used to affix the electronic notary public’s electronic notary seal” (433 NAC 7.007.05).

   2. Components

      1. Border: “The perimeter of the electronic notary seal is to contain a border such that the physical appearance of the seal replicates the appearance of an inked seal on paper” (433 NAC 7.007.06).

      2. Elements: “The electronic notary seal is to have, within its border, the electronic notary’s name exactly as commissioned, the words ‘Electronic Notary Public’, the words ‘Nebraska’ and the commission expiration date (433 NAC 7.007.07).

3. Remote Notarial Acts

   1. Image of Seal: “An image of the online notary seal is to appear on any visual or printed representation of the online notarial certificate regardless of the technology being used to affix the online notary public’s online notary seal (433 NAC 8.007.05).

   2. Components:

      1. Border: “The perimeter of the online notary seal is to contain a border such that the physical appearance of the seal replicates the appearance of an inked seal on paper” (433 NAC 8.007.06).

      2. Elements: “The online notary seal is to have, within its border, the online notary public’s name exactly as commissioned, identifying number, and commission expiration date, as well as the words ‘Online Notary Public’ and the word ‘Nebraska’” (433 NAC 8.007.07).

Example

The below typical, actual-size examples of traditional official and electronic Notary seals are allowed by Nebraska law. Other formats may also be permitted.

Open

Traditional Notary Seal

Open

Electronic Notary Seal

Legibility of Seal, Signature

“Notaries Public must affix a clear and legible impression of his or her stamp to a document. The seal and signature may not be affixed over printed material or other signatures on the document (433 NAC 6.002.02[A]).

“If a document to be notarized does not have an 'affix seal here' notation, where is the best place to stamp my Seal? – It is best to affix your Seal in the general area of your signature (typically below or to either side)” (website, “Frequently Asked Questions”).

Defects in Seal

“No deed, mortgage, affidavit, power of attorney or other instrument in writing shall be invalidated because of any defects in the wording of the seal of the notary public attached thereto” (RSN 76-217.01).

Purchasing Seal

In order to purchase an official Notary ink stamp seal, the Notary Section of the Secretary of State’s office directs the newly commissioned Notary to present his or her commission certificate to the vendor or manufacturer.

New Seal

“Notaries Public must obtain a new seal each time the commission is renewed which includes the new commission expiration date” (433 NAC 6.002.02[B]).

Security and Accessibility of Seal

“The seal should be secured and only accessible by the Notary Public” (433 NAC 6.002.02[D]).

Surrender of Seal

“If revoked the Notary Public Commission and seal must be returned to the Secretary’s office” (433 NAC 6.007.03[B][2]). This applies both to total and temporary revocations.

Electronic Notary Seal

1. Independently Verifiable: “The electronic notary seal is to be Independently Verifiable and unique to the electronic notary” (433 NAC 7.007.01).

2. Sole Control and Use: “The electronic notary seal is to be retained under the electronic notary public’s sole control” (433 NAC 7.007.02).
   “Neither the employer nor any of the employer’s employees or agents may use or permit the use of an electronic notary seal … by anyone other than the authorized electronic notary public to whom it is registered” (433 NAC 7.013.01).

3. Access and Attribution: “When the electronic notary performs an electronic notarization, the electronic seal used by the electronic notary public is to be accessible by and attributable solely to the electronic notary public to the exclusion of all other persons and entities for the entire time necessary to perform the electronic notarization” (433 NAC 7.007.03).
   “Access to … electronic notary seals is to be protected by the use of a Biometric Authentication, Password Authentication, Token Authentication, or other form of authentication approved by the Secretary according to Electronic Notary Public Act and this Chapter” (433 NAC 7.013.02).

4. Tamper-Evident: “The electronic notary seal is to be attached or logically associated with the document, linking the data in such a manner that any subsequent alterations to the underlying document or electronic notary certificate are observable through visual examination” (433 NAC 7.007.04).

5. Safekeeping: “An electronic notary public shall safeguard his or her … electronic notary seal” (RSN 64-310)[2]).

6. Lost or Stolen eSeal: “Within ten days after discovering that his or her electronic notary seal … has been stolen, lost, damaged, or otherwise rendered incapable of being attached to or logically associated with an electronic document, an electronic notary public shall notify the Secretary of State and appropriate law enforcement agency in the case of theft or vandalism” (RSN 64-310[4]).

Online Notary Seal

1. Independently Verifiable: “The online notary seal is to be Independently Verifiable and unique to the online notary public” (433 NAC 8.007.01).

2. Sole Control and Use: “An online notary public shall keep secure and under his or her exclusive control: The online notary public’s electronic signature, online notary seal, and the electronic record and backup record required under [RSN] section 64-409. The online notary public shall not allow another person to use the online notary public’s electronic signature, online notary seal, or electronic record or backup record” (RSN 64-410[3]).
   “The online notary seal is to be retained under the online notary public’s sole control” (433 NAC 8.007.02).

3. Access and Attribution: “When the online notary performs an online notarial act, the online notary seal used by the online notary public is to be accessible by and attributable solely to the online notary public to the exclusion of all other persons and entities for the entire time necessary to perform the online notarial act” (433 NAC 8.007.03).
   “Access to an online notary public’s … online notary seal is to be protected by the use of a password authentication, token authentication, biometric authentication, or other form of authentication approved by the Secretary according to the Online Notary Public Act” (433 NAC 8.013.02).

4. Tamper-Evident: “The online notary seal is to be attached or logically associated with the document, linking the data in such a manner that any subsequent alterations to the underlying document or online notary certificate are observable through visual examination” (433 NAC 8.007.04).

5. Lost or Stolen eSeal

   1. Notification: “An online notary public shall immediately notify an appropriate law enforcement agency and the Secretary of State of the theft or vandalism of the online notary public’s … online notary seal…. An online notary public shall immediately notify the Secretary of State of the loss or use by another person of the online notary public’s … online notary seal….” (RSN 64-410[4]).

   2. Timeframe: “An online notary public who is reporting, pursuant to Neb. Rev. Stat. § 64- 410, the theft or vandalism of his or her … online notary seal … is to do so in writing to the Secretary within ten (10) days after the discovery of the theft or vandalism” (433 NAC 8.014.01).

Notary Signature

Form of Signature: “The signature on the most recent application or bond, will be used for verification; therefore the Notary Public should always sign consistently with his or her application or bond signature” (433 NAC 002.03[A]).
“On renewal and initial notary applications, we are now requesting your legal name, including first name, last name and middle initial for our record-keeping purposes. You may continue to sign as you have been. Your signature does not have to precisely correspond to your written name. We ask that whatever signature you adopt, you sign consistently on your application and other documents you notarize, so that your signature can be verified or authenticated if necessary” (NB, Fall 2012).

Electronic Notary Public Signature

1. Definition: “[A] Notary public’s electronic signature means an electronic signature which has been approved by the Secretary of State in rules and regulations adopted and promulgated under section [RSN] 64-316 as an acceptable means for an electronic notary public to attach or logically associate the notary public’s official signature to an electronic document that is being notarized” (RSN 64-302[8]).

2. Independently Verifiable: “The electronic notary public signature is to be Independently Verifiable and unique to the electronic notary public” (433 NAC 7.006.01).
   “‘Independently Verifiable’ means capable of government or third-party authentication of a notarial act, a notary’s identity, and a Notary Public’s relevant authority” (433 NAC 7.002.05).

3. Sole Control

   1. Definitions

      1. Under the Electronic Notary Public’s Sole Control: “‘Under the electronic notary public’s sole control’ means accessible by and attributable solely to the electronic notary public to the exclusion of all other persons and entities, either through being in the direct physical custody of the electronic notary public or through being secured with one or more Biometric Authentication, Password Authentication, Token Authentication, or other authentication technologies in an Electronic Notarization System provided by an Approved Electronic Notary Public Solution Provider approved pursuant to the Electronic Notary Public Act and this Chapter” (433 NAC 7.002.11).

      2. Biometric Authentication: “‘Biometric Authentication’ means proving the identity of a user by requiring verification of the user’s identity through technologies that measure and analyze one or more human physiological or behavioral characteristics of the user in order to access and use an Electronic Notarization System. Biometric authentication technologies include fingerprint scanning devices, retinal scanning devices, and handwriting analysis devices” (433 NAC 7.002.03).

4. Requirement: “The electronic notary signature is to be retained under the electronic notary public’s sole control” (433 NAC 7.006.02).

5. Accessible by and Attributable to Notary: “When the electronic notary public performs an electronic notarization, the electronic signature used by the electronic notary is to be accessible by and attributable solely to the electronic notary public to the exclusion of all other persons and entities for the entire time necessary to perform the electronic notarization” (433 NAC 7.006.03).

6. Tamper-Evident: “The electronic notary public signature is to be attached or logically associated with the document, linking the data in such a manner that any subsequent alterations to the underlying document or electronic notary certificate are observable through visual examination” (433 NAC 7.006.04).

7. Handwritten Signature Image: “An image of the electronic notary‘s handwritten signature is to appear on any visual or printed representation of an electronic notary public certificate regardless of the technology being used to affix the electronic notary public’s electronic signature (433 NAC 7.006.05).
   “Neither the employer [of an electronic Notary] nor any of the employer’s employees or agents may use or permit the use of an electronic notary … signature by anyone other than the authorized electronic notary public to whom it is registered” (433 NAC 7.013.01).

8. Use of e-Signature: “A notary public’s electronic signature in combination with the electronic notary seal shall be used only for the purpose of performing an electronic notarial act” (RSN 64-310[1]).

Security of e-Signature

1. Requirement: “An electronic notary public shall safeguard his or her electronic signature….” (RSN 64-310[2]).

2. Exclusive Control: “When not in use, the electronic notary public shall keep his or her electronic signature… secure, under his or her exclusive control, and shall not allow them to be used by any other notary public or any other person” (RSN 64-310[3]).

Lost or Stolen eSignature

“Within ten days after discovering that his or her … electronic signature has been stolen, lost, damaged, or otherwise rendered incapable of being attached to or logically associated with an electronic document, an electronic notary public shall notify the Secretary of State and appropriate law enforcement agency in the case of theft or vandalism” (RSN 64-310[4]; see also 433 NAC 8.014.01).

Online Notary Public Signature

The requirements for the electronic signature of an Online Notary in 433 NAC 8.006 and electronic seal in 433 NAC 8.007 largely mirror the requirements for the electronic signature of an Electronic Notary in 433 NAC 7.006 and 7.013. The requirements for the electronic seal of an Online Notary largely mirror the requirements for the electronic seal of an Electronic Notary in 433 NAC 7.007 and 7.013. The reporting of a lost electronic signature and seal requirement for an Online Notary (433 NAC 8.014) is the same as for an Electronic Notary.

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Records Requirement

1. Journal

   1. Notarial Acts: Not required.

   2. In-Person Electronic Notarial Acts: Required. “[A]n electronic notary public is to keep a journal of all electronic notarizations he or she performs and will present this journal, or any portion thereof, to the Secretary upon written request” (433 NAC 7.015.01).

   3. In-Person Electronic Notarial Acts: Required. “An online notary public shall keep a secure electronic record of electronic documents notarized by the online notary public” (RSN 64-409[1]).
      Note: This “record” requires similar information that is required for a Notary Public journal, although in Nebraska the word “journal” is not used to describe this “record.”

2. Recording of Remote Notarial Acts: Required. “An online notary public shall keep a secure electronic record of electronic documents notarized by the online notary public” (RSN 64-409[1][f]).
   For each online notarial act, the electronic record shall contain “… [a] recording of any video and audio conference of the performance of the online notarial act, which shall not contain images of the documents that were notarized” (RSN 64-409[1]).

Journal Recommendation

Notarial Acts: “Notary journals are not required under Nebraska law; however, we highly recommend that you do use a journal” (website, “Notary Frequently Asked Questions”).

Journal Entries

1. Required Entries: For each online notarial act, the electronic record shall contain:
   “(a) The date and time of the online notarial act;
   “(b) The type of online notarial act;
   “(c) The type, title, or description of the electronic document or proceeding;
   “(d) The printed name and address of each principal involved in the transaction or proceeding;
   “(e) Evidence of identity of each principal involved in the transaction or proceeding in the form of:
   “(i) A statement that the principal is personally known to the online notary public;
   “(ii) A notation of the type of identification document provided to the online notary public;
   “(iii) A record of the identity verification made under section 64-411; or
   “(iv) The following:
   “(A) The printed name and address of each credible witness swearing to or affirming the principal’s identity; and
   “(B) For each credible witness not personally known to the online notary public, a description of the type of identification documents provided to the online notary public;
   “(f) A recording of any video and audio conference of the performance of the online notarial act, which shall not contain images of the documents that were notarized; and
   “(g) The fee, if any, charged for the online notarial act” (RSN 64-409[1]).

2. Backup Required: “The online notary public shall take reasonable steps to … [m]aintain a backup for the secure electronic record required by this section; and … [p]rotect the secure electronic record and backup record from unauthorized use” (RSN 64-409[2][b]-[c]).

3. Entries for Optional Journal: A sample journal format with entry instructions is provided on the Secretary of State’s website (see link above). The recommended journal entries are:

   1. Date on document;

   2. Date notarial act performed;

   3. Type of document;

   4. Type of ID presented by principal(s);

   5. Printed name of principal(s);

   6. Printed address of principal(s);

   7. Signature of principal(s).

Security of Records

An online notary public shall keep secure and under his or her exclusive control … the electronic record and backup record required under [RSN] section 64-409. The online notary public shall not allow another person to use the online notary public’s … electronic record or backup record” (RSN 64-410[3]).

Availability to Secretary of State

“The online notary public will make this record, or any portion thereof, available to the Secretary upon request by the Secretary” (433 NAC 8.015.03).

Lost or Stolen Records

1. Online Notaries Public: “An online notary public shall immediately notify an appropriate law enforcement agency and the Secretary of State of the theft or vandalism of the online notary public’s … electronic record or backup record required under [RSN] section 64-409. An online notary public shall immediately notify the Secretary of State of the loss or use by another person of the online notary public’s … electronic record or backup record required under section 64-409” (RSN 64-410[4]).

2. Electronic Notaries Public: “An electronic notary public who is to report, pursuant to Neb. Rev. Stat. § 64310, the theft or vandalism of his or her … electronic record, including the backup record, is to do so in writing to the Secretary within ten (10) days after discovering the theft or vandalism” (433 NAC 7.014.01; for a similar requirement for Online Notaries, see 433 NAC 8.014.01).

Retention of Electronic Journal, Recordings

1. Electronic Journal of In-Person Electronic Notarial Acts: “The electronic notary public is to maintain this record, and the backup record, for at least ten (10) years after the date of the notarial act” (433 NAC 7 015.02).

2. Electronic Record and Recording of Remote Notarial Acts: “The electronic record and backup record required by [RSN 64-409] shall be maintained for at least ten years after the date of the transaction or proceeding. The online notary public shall not surrender or destroy the record except as required by a court order or as allowed under rules and regulations adopted and promulgated by the Secretary of State” (RSN 64-409[3]).

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Maximum Fees

1. Notarial Acts: The maximum fees a Nebraska Notary may charge are (RSN 33-133 and 433 NAC 6.008.02):

   1. Taking an acknowledgment: $5;

   2. Administering an oath or affirmation: $2;

   3. Taking an affidavit, with jurat and seal: $2;

   4. Executing a protest: $1, plus $2 for recording and $2 for each notice of protest;

   5. Completing each certificate and seal: $5.

2. Remote Online Notarial Acts: “In addition to any fee authorized under [RSN] section 33-133, an online notary public or his or her employer may charge a fee in an amount not to exceed twenty-five dollars for each online notarial act” (RSN 64-412).

Travel Fee

For each mile traveled in serving notice of protest, a Notary may charge at the rate provided in NRS 81-1176 for state employees (RSN 33-133). The rate is set by the State Department of Administrative Services (433 NAC 6.008.02[F]). The 2024 per mile rate is $0.67 per mile.

County Officers

All fees for notarial acts received by Notaries who are acting officially as county officers, or as deputies or employees of such officers, must be reported to the county board and paid into the county treasury (RSN 33-153).

State Employees

“An employee of the state or its political subdivisions may not charge the fees prescribed in this section if his or her governmental employer paid the commission and bonding fees required of notaries public” (RSN 33-133).

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Notary Signing Agents

Formerly, the Nebraska Secretary of State issued the following notice to all Notaries in the state on August 17, 2009 (updated January 1, 2010): “The Nebraska Secretary of State’s Office continues to urge notaries to exercise caution in considering ‘signing agent’ or ‘mobile notary’ offers. The fees a notary may charge are set by law. See Neb. Rev. Stat § 33-133 (Reissue 2008). Current law provides that notaries may charge $5.00 for taking acknowledgment of deed or other instrument. In addition to the $5.00 fee, the only other fee a notary is allowed by law to charge when taking acknowledgment of deed or other instrument is mileage at the current statutory rate of 51 cents per mile traveled. Further, current law provides that notaries may not act as real estate closing agents. Only persons (or their employees) licensed or regulated by one of the following regulating entities may act as real estate closing agents: the Department of Insurance, Supreme Court, Real Estate Commission, Federal Deposit Insurance Corporation, Federal Office of Thrift Supervision, Federal Farm Credit Administration, or National Credit Union Administration. If you are acting as a real estate closing agent, in violation of the law, you should be aware that this action would constitute a Class V misdemeanor.”

As of the date of this Chapter’s latest revision, the above cited information does not appear on the Secretary of State’s website.

Recording Requirements

1. Margins: “Any instrument submitted for recording in the office of the register of deeds shall contain a blank space at the top of the first page which is at least three inches by eight and one-half inches in size for recording information required by section 23-1510 by the register of deeds. If this space or the information required by such section is not provided, the register of deeds may add a page or use the back side of an existing page and charge for the page a fee established by section 33-109 for the recording of an instrument. No attachment or affirmation shall be used in any way to cover any information or printed material on the instrument” (RSN 23-1503.01[1]).
   “Printed forms primarily intended to be used for recordation purposes shall have a one-inch margin on the two vertical sides and a one-inch margin on the bottom of the page. Nonessential information such as page numbers or customer notations may be placed within the side and bottom margins” (RSN 23-1503.01[2]).

2. Document Formatting: “All instruments submitted for recording shall be on paper measuring at least eight and one-half inches by eleven inches and not larger than eight and one-half inches by fourteen inches. The instrument shall be printed, typewritten, or computer-generated in black ink on white paper of not less than twenty-pound weight without watermarks or other visible inclusions” (RSN 23-1503.01[3]).

3. Legibility: “The instrument shall be sufficiently legible to allow for a readable copy to be reproduced using the method of reproduction used by the register of deeds. A font size of at least eight points shall be presumed to be sufficiently legible” (RSN 23-1503.01[3]).

4. Signatures and Names: “Each signature on an instrument shall be in black or dark blue ink and of sufficient color and clarity to ensure that the signature is readable when the instrument is reproduced. The signature may be a digital signature or an electronic signature. The name of each party to the instrument shall be typed, printed, or stamped beneath the original signature” (RSN 23-1503.01[3]).

5. Seals: “An embossed or inked stamp shall not cover or otherwise materially interfere with any part of the instrument” (RSN 23-1503.01[3]).

6. Acknowledgment: “Deeds of real estate, or any interest therein, in this state, except leases for one year or for a less time, if executed in this state, must be signed by the grantor or grantors, being of lawful age, and be acknowledged or proved and recorded as directed in [RSN] sections 76-216 to 76-237” (RSN 76-211).

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Notarial Acts in Nebraska

“All county clerks and election commissioners and their deputies shall have authority to administer oaths and affirmations in all cases where oaths and affirmations are required and to take acknowledgment of deeds, mortgages, and all other instruments in writing, attesting to such with the county seal” (RSN 23-1307).

Notarial Acts Outside Nebraska

1. Notarial Officers: “Notarial acts may be performed outside this state for use in this state with the same effect as if performed by a notary public of this state by the following persons authorized pursuant to the laws and regulations of other governments in addition to any other person authorized by the laws and regulations of this state:
   “(1) A notary public authorized to perform notarial acts in the place in which the act is performed;
   “(2) A judge, clerk, or deputy clerk of any court of record in the place in which the notarial act is performed;
   “(3) An officer of the foreign service of the United States, a consular agent, or any other person authorized by regulation of the United States Department of State to perform notarial acts in the place in which the act is performed;
   “(4) A commissioned officer in active service with the armed forces of the United States and any other person authorized by regulation of the armed forces to perform notarial acts if the notarial act is performed for one of the following or his dependents: A merchant seaman of the United States, a member of the armed forces of the United States, or any other person serving with or accompanying the armed forces of the United States; or
   “(5) Any other person authorized to perform notarial acts in the place in which the act is performed” RSN 64-201).

2. Proof of Authority: “(1) If the notarial act is performed by any of the persons described in [RSN] sections 64-201 to 64-204, other than a person authorized to perform notarial acts by the laws or regulations of a foreign country, the signature, rank, or title and serial number, if any, of the person are sufficient proof of the authority of a holder of that rank or title to perform the act. Further proof of his or her authority shall not be required.
   “(2) If the notarial act is performed by a person authorized by the laws or regulations of a foreign country to perform the act, there is sufficient proof of the authority of that person to act if:
   “(a) Either a foreign service officer of the United States resident in the country in which the act is performed or a diplomatic or consular officer of the foreign country resident in the United States certifies that a person holding that office is authorized to perform the act;
   “(b) The official seal of the person performing the notarial act is affixed to the document; or
   “(c) The title and indication of authority to perform notarial acts of the person appears either in a digest of foreign law or in a list customarily used as a source of such information.
   “(3) An apostille in the form prescribed by the Hague Convention of October 5, 1961, shall conclusively establish that the signature of the notarial officer is genuine and that the officer holds the designated office. The Secretary of State or his or her deputy shall be authorized to sign the apostille” (RSN 64-202[1]-[3]).

3. Recognition of Acknowledgment Certificate: “The form of a certificate of acknowledgment used by a person whose authority is recognized under [RSN] section 64-201 shall be accepted in this state if:
   “(1) The certificate is in a form prescribed by the laws or regulations of this state;
   “(2) The certificate is in a form prescribed by the laws or regulations applicable in the place in which the acknowledgment is taken; or
   “(3) The certificate contains the words acknowledged before me, or their substantial equivalent” (RSN 64-204).

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Secretary of State

Authenticating certificates for acts by Notaries, including apostilles, are issued only by the Nebraska Secretary of State’s office.

1. Address:
   Nebraska Secretary of State
   Notary Division
   P.O. Box 95104
   Lincoln, NE 68509

2. In Person or Delivery:
   Nebraska Secretary of State
   Notary Division
   1201 N Street, Suite 120
   Lincoln, NE 68508

3. Phone: 1-402-471-2558

4. Procedure

   1. Online Request: Mail, submit a request online at https://business.nebraska.gov, or present in person the original notarized document(s), along with the appropriate fee, and instructions as to the country of destination, as well as where the certification should be sent and a phone number for any questions.

   2. Fee: $10 per document for any certificate of authentication for a Notary, including an apostille.

   3. Processing Time: Normal processing time is 3-5 business days from receipt (website, “Apostilles and Authentications”).

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