Nebraska - U.S. Notary Reference
Last Update: June 25, 2025
QUICK FACTS
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).
ADMINISTRATION AND RULES
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
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 68509-5104Phone: 402-471-2558
Website: https://sos.nebraska.gov/business-services/notary-public
Laws, Rules and Guidelines
Laws
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.
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].
Rules
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.
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]).
Guidelines: Other guidelines are in the Secretary’s “Notary Bulletin” quarterly email newsletter are also available on the website.
COMMISSION AND APPOINTMENT
Commission Process
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) certify that the applicant has carefully read and understands the laws relating to the duties of Notaries Public, and will, if commissioned, faithfully discharge the duties of the notarial office; and
(b) 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).Definitions
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).
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]).
Course: Not required.
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]).
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").
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).
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").
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]).
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").
Application
Online Filing: The Notary application must be filed using the Secretary of State’s online Notary portal.
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”).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”).
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.
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]).
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]).
Bilingual Applications: Bilingual applicants may authorize their names to be placed on a list of bilingual Notaries maintained in the Secretary’s office.
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”).
Background Screening: Not required.
Reappointment
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).Fee: The fee of $30 for an initial Notary application applies to renewing applications (433 NAC 004.02[B]).
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
In-Person Electronic Notarial Acts
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]).
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).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.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).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).
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).
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).Course and Examination
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]).
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]).
Passing Score: “A passing score on the examination is 85% or better” (433 NAC 7.005.03).
Retakes: An applicant who fails the examination 3 times will be ineligible to take the examination again (433 NAC 7.005.04).
Remote Notarial Acts
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]).
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]).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.Registration Fee: The fee to register as an online Notary is $50 (RSN 64-405; 433 NAC 8.019).
Course and Exam
Administration: “The Secretary will administer the training course and testing for Applicants for online notary public registration” (433 NAC 8.005.01).
Passing Score: “A passing score on the examination is 85% or better” (433 NAC 8.005.03).
Retakes: An applicant who fails the examination 3 times will be ineligible to take the examination again (433 NAC 8.005.04).
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]).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
Not available.
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
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).
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
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.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).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.”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]).
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]).
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).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).
NOTARIAL ACTS
Authorized Acts
Notarial Acts: Nebraska Notaries are authorized to perform the following notarial acts (RSN 64-107 and 433 NAC 6.001.07):
Take acknowledgments and proofs;
Administer oaths and affirmations;
Execute jurats for signings by mark (RSN 64-105.02[1][d]);
Execute signature witnessings for signings by mark (RSN 64-105.02[1][d]);
Take depositions;
Issue summons and command presence of witnesses for depositions in civil lawsuits, when directed to do so (RSN 64-108).
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):
Take acknowledgments;
Execute jurats;
Execute verifications or proofs;
Administer oaths and affirmations.
Remote Notarial Acts: Nebraska Notaries who have registered to perform remote notarial acts are authorized to perform the following acts (RSN 64-408):
Take acknowledgments;
Execute jurats;
Execute verifications or proofs;
Administer oaths and affirmations.
Acknowledgments
Definition: “The words acknowledged before me means:
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]).Declaration: “… [t]hat he or she acknowledged he or she executed the instrument…. (RSN 64-205[1][b]).
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]).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]).
Requirements: “(1) The person taking an acknowledgment shall certify that:
Personal Appearance: “… [t]he person acknowledging appeared before him or her and acknowledged he or she executed the instrument….” RSN 64-203[a]).
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]).
STANDARDS OF PRACTICE
Personal Appearance
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]).
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
Notarial Acts
Definitions
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]).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]).
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]).
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”).
Remote Notarial Acts
Definitions
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]).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]).
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]).
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]).Credential Analysis Standards: On online Notary solution provider’s system must utilize credential analysis that:
Uses automated software processes to aid the online Notary in verifying the identity of a principal or credible witness;
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
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).
Identity Proofing Standards: An online Notary solution provider’s system must utilize identity proofing that:
Presents a test of 5 questions related to the principal’s personal history or identity, formulated from public and proprietary data sources;
Presents a minimum of five possible answer choices for each question;
Requires at least 80% of the questions are to be answered correctly; requires questions to be answered within 2 minutes;
Allows a the principal who fails the attempt to retake the quiz once within 24 hours;
Replaces a minimum of 60% of the prior questions in the retake exam; and
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).
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
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).
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
Prohibition: “Blank or incomplete documents should not be notarized” (433 NAC 6.002.01[B]).
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
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.
Exceptions: Nebraska law does not disqualify the Notary from performing a notarial act in these circumstances (RSN 64-105.01[2]):
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]);
A real estate salesman or broker, or an employee or associate of such, may notarize for clients (RSN 64-211[2]);
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);
A stockholder, officer or director of a bank may notarize for the bank (RSN 64-214);
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).
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
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.
Specific Prohibitions
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]).
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]).
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]).
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]).
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]).
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
Applicable Law
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).
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.
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.
Technology Systems
Definition: “Electronic notary solution provider means a provider of any electronic notary seals or electronic signatures” (RSN 64-302[6]).
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.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.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.
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).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).
Journal: For the requirement that electronic Notaries keep an electronic journal, see “Records of Notarial Acts, below.”
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
Applicable Law
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.
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.
Technology Systems
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).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.
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.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]).
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).
Communication Technology
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]).
Requirements: On online Notary solution provider’s system must utilize communication technology that (433 NAC 8.010.02):
Provides for continuous, synchronous audio-visual feeds;
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;
Provides sufficient captured image resolution to facilitate credential analysis of the credential presented to the online Notary;
Includes a means of authentication that ensures that only the proper parties have access to the online session;
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
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.
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.
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]).
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]).
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).