The Notary Handbook Nebraska form serves as an essential guide for commissioned Notaries Public in Nebraska, outlining their responsibilities, procedures, ethics, and the applicable laws under the oversight of the Secretary of State's Office. Crafted to assist in maintaining high standards of notarial practice, this handbook is indispensable for over 30,000 commissioned notaries across the state, ensuring the reliability of notarized documents crucial for banking, real estate, and legal sectors. Detailed within its pages are definitions, procedures, and guidelines aimed at helping notaries ensure that documents meet legal requirements.
In a comprehensive move to bolster the integrity of notarized documents and inform Notaries Public of their duties, the State of Nebraska under the guidance of Secretary of State John A. Gale, revised the Official Notary Public Handbook on January 2, 2008. This pivotal resource serves as the cornerstone for approximately 30,000 commissioned notaries throughout Nebraska, emphasizing the crucial role they play in various sectors, including banking, real estate, and legal professions. Not only does the handbook outline the procedural aspects and ethical considerations that notaries must adhere to, but it also delves into the nuanced definitions, requirements, and the legal framework governing the notarial acts. With an array of definitions from "Affiant" to "Satisfactory Evidence of Identity," the handbook provides an all-encompassing glimpse into the responsibilities and expectations of a Notary Public. Furthermore, it details the fees associated with different notarial acts, offers guidelines for proper notarization, and emphasizes the legal implications of a Notary's role. The handbook aims to uphold high standards within the profession, ensuring notaries are well-equipped to perform their duties lawfully and effectively, thereby maintaining the reliability and integrity of documents they notarize.
STATE OF NEBRASKA Secretary of State’s Office
Business Services & Licensing Divisions
OFFICIAL
NOTARY PUBLIC HANDBOOK
Revised January 2, 2008
John A. Gale
Secretary of State
1445 “K” St.
Room 1301 State Capitol Bldg.
Lincoln, NE 68509
Phone: (402) 471-2558
Fax: (402) 471-4429
http://www.sos.ne.gov
Message from John A. Gale
As Secretary of State, I am responsible for issuing and enforcing licenses for Notaries Public in the State of Nebraska. With some 30,000 commissioned Notaries, my goal is to help our Notaries be aware of their responsibilities under the law, and to keep our standards high.
Our banking, real estate, and legal professions depend heavily on notarized documents to be filed for public record. Proper notarization is key to document reliability.
.
My staff is available to assist with your inquiries. In the performance of your duties as a Notary Public, please help us insure that our documents meet the law.
Nebraska Notary
Procedures, Ethics, and Laws
I. DEFINITIONS:
AFFIANT: The person who makes and subscribes his signature to an affidavit.
AFFIDAVIT: Any written statement or declaration of facts, made voluntarily, in which the signer swears under oath before a Notary Public that the statements or declarations in the document are true.
AFFIRMATION: A solemn declaration made by persons who conscientiously decline taking an oath. An affirmation is equivalent to an oath and is just as binding. If a person has religious or conscientious scruples against taking an oath, the Notary Public should have the person affirm.
APOSTILLE: Used to authenticate the signature of Notaries and other public officers with Notarial powers on documentation going overseas. 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.
ATTESTATION CLAUSE: The declarative wording, official signature, dates, and seal contained in the notarization. See also “Notarial Acknowledgment” below.
AUTHENTICATION: Used for the same purpose as an Apostille (see above) for documents going to countries which are not part of the Hague Convention.
BOND: A Notary Public bond is conditioned on the faithful performance of the duties of the office of Notary Public and may be recovered to the full amount of the bond by a person suffering damages as a result of a Notary not faithfully performing their duties. A bond in the sum of fifteen thousand ($15,000) dollars, with an incorporated surety company as surety, must be executed, approved by, and filed in the office of the Secretary of State prior to a Notary being commissioned.
DEPOSITION: The testimony of a witness taken out of court or other hearing proceeding, under oath or by affirmation, before a Notary Public or other person, officer, or commissioner before whom such testimony is authorized by law to be taken, which is intended to be used at the trial or hearing.
INSTRUMENT: Document, paper, contract, etc. to be signed or executed.
JURAT: The clause written at the end of an affidavit stating when, where, and before whom (Notary) such affidavit was sworn and that the contents of his/her written statement is true.
NOTARY PUBLIC: A public officer commissioned by the Secretary of State for a four-year term. The Notary must be a resident of the State of Nebraska. The commission issued by the Secretary of State authorizes the Notary Public to administer oaths and take acknowledgments anywhere in the State of Nebraska. The signature and seal of a Notary Public is necessary to attest to the oath of truth of a person making an affidavit and to attest that a person has acknowledged that he/she executed a document.
NOTARIAL ACKNOWLEDGMENT: The section at the end of a document where a Notary Public verifies by notarization that the signer of the document presented satisfactory evidence of identity, appeared in the Notary’s presence, and that he/she actually signed the document. See also Neb. Rev. Statute §64-205; 23-1311.
NOTARIAL ACT: Notarial Act means an act which the laws and regulations of this State authorize Notaries Public of this State to perform, including the administering of oaths and affirmations, taking proof of execution and acknowledgments of instruments, and attesting documents.
NOTARIO PUBLICO: Spanish or Latin American word for Notary Public. However, Latin American Notario Publicos are generally attorneys specially appointed by their governments who have authority well beyond that granted Nebraska Notaries. Use of the term “Notario Publico” by non-attorney notaries is prohibited by law in Nebraska.
OATH: Swearing to tell the truth, this would subject the oath-taker to prosecution for the crime of perjury if he/she knowingly lies in a statement either orally or in writing. Traditionally, the oath invokes reference to a deity (under God); however, this may be omitted (see also “Affirmation”).
PERSONAL KNOWLEDGE OF IDENTITY: Familiarity with an individual resulting from interactions over a period of time sufficient to dispel any doubt about the individual’s identity. (See Neb. Rev. Statute §64-105)
PRINCIPAL: The person executing the document before the Notary or taking the oath that the Notary administers.
PROTEST: A formal statement in writing by a Notary Public, under seal, that a certain bill of exchange or promissory note was on a certain day presented for payment, or acceptance, and that such payment or acceptance was refused.
SATISFACTORY EVIDENCE OF IDENTITY: For purposes of proving identity of the
principal to the Notary, “satisfactory evidence of identity” shall mean: (1) 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; (2) 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 (3) 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. (See definition for “Personal Knowledge of Identity”) Nebr. Rev. Statute §64-105.
SEAL: Ink stamps used by the Notary on all attestation clauses. See additional information below in Section IV NOTARIAL SEALS.
SUBSCRIBED: Signed.
II. FEES:
Notary Public Fees: Nebr. Rev. Statute §33-133
˜For taking affidavits and seal: $2.00
˜For adm inistering oath or affirmation: $2.00
˜For each certificate and seal: $5.00
˜For taking acknowledgm ent of deed
or other instrument: $5.00
˜For each protest: $1.00
˜For recording each protest: $2.00
˜For each notice of protest: $2.00
˜For each m ile traveled in serving notice, mileage at the rate provided in section 81-1176.
III.GUIDELINES AND GOOD PRACTICES FOR PROPER NOTARIZATIONS:
1)There must be an attestation clause each and every time a notarial act is performed. Simply signing as a Notary Public and affixing your Notary Seal is not a proper notarial act.
2)If a document to be notarized does not have an attestation clause, a Notary may not give advice to the principal as to what type of notary attestation clause to use.
3)A Notary may not give advice to the principal on the legality of the contents of the document or whether the principal should sign the document, unless the Notary is a licensed attorney.
4)Before notarizing, ask the principal for identification (see definitions for: “Personal Knowledge of Identity” and “Satisfactory Evidence of Identity”)
5)Prior to notarizing, the Notary should look over the document to be notarized to be sure there are no blank lines or spaces in the document. Blank lines or spaces should be: a) completed by the principal(s) or b) crossed through by the principal(s) prior to notarization. Failure to do so, leaves the document open to easy alteration after the notarial act is performed.
6)
The
principal must appear in the physical presence of the Notary to sign the document to
be notarized. No exceptions. (See Neb. Rev. Statute §64-105).
7)
Notaries
may not perform a notarial act if they are in the same immediate family. This
includes in-laws, step- or half-relatives. Notaries are to be a disinterested witness to a
transaction and should not stand to gain personally or financially from the outcome of the
document to be notarized. (See Neb. Rev. Statute §64-105.01).
8)
may not notarize their own signature.
9)Notaries are required to purchase an ink stamp seal containing specific statutory information. (See Section IV - Notarial Seals). Hand drawn representations of Notary Seals are not allowed.
10)It is suggested that when a document contains a blank space for commission expiration, the information should be completed in its entirety.
11)If information in the document is incorrect, the principal may cross through the error and insert the correct information. If an error is made when completing the attestation clause, the appropriate party should cross thorough the error and insert the correct information.
Correction fluid should never be used to correct or to remove an error.
12)The date in the attestation clause must match the date the principal affixes their signature as a Notary may not pre-date or post-date when performing the Notarial Act.
13)All information in the attestation clause must be properly filled in:
•State: Nebraska
•County: Name of county in Nebraska where notarization occurs
•Carefully insert names and dates as specified in the attestation clause.
•Make sure all principal(s) have signed the document and dated the document (if applicable).
•Notary must sign their name, affix their Notary Seal, and include expiration date. (If expiration date is not stated in notary seal)
14)Notaries may not certify or copy certify that a government record is valid or authentic. (Example: Birth Certificate) Only the issuing government agency may certify or copy certify official records they have filed or issued as part of the function of their government office.
15)Notaries who include the month, day, and year of their commission expiration date on their Notary Seal must obtain a new inked stamp if they renew their commission at the
end of their four-year commission period. Notaries may not cross through and insert a new date or use correction fluid to change information on their Notary Seal.
16)The Notary signature must be a written signature as a Notary may not use a rubber stamp to affix their name when notarizing a document.
17)The principal’s signature may not be a rubber stamp. If the person is physically incapable of signing a document, please see # 30 below for requirements for Signature by Mark.
18)Notaries should not notarize signatures for minor children.
19) Notaries may not copy certify, authenticate, or notarize pictures, photographs, artwork, scripts, and the like as it serves no legal purpose nor has any force or effect. A notarization is a signature witnessing of a person attesting to a written document.
20)Employers who pay for the Notary Commission fees for their employees should not retain the Notary Seal or Certificate of the employee upon the employee’s removal from their employ as a Notary. A Commission is issued to a person, not the company who paid the fees.
21)Mobile Notary/Signing Agent: Advertisements promising that Notaries may earn a large income from providing Mobile Notary/Signing Agent services for loan closings are often misleading the public. Notaries in Nebraska may only charge fees as stated above in Section II Fees.
22)Notaries may not perform marriage ceremonies in Nebraska. Only three states have statutory provisions for Notaries to officiate at marriage ceremonies and Nebraska is NOT one of the three states.
23)When notarizing, a Notary must affix a clear and legible impression of their ink stamp on the document so that all information on the seal is easily read.
24)The seal and signature of the Notary may NOT be affixed over printed wording or other signatures on the document.
25)When notarizing, the Notary must sign their name exactly as commissioned. The Secretary of State’s office does verify the similarity of the Notary signature on notarized documents to the Notary’s signature on file on their Notary application and/or bond, particularly when preparing Apostilles or Authentications for notarized documents to be sent to foreign countries. It is imperative that Notaries complete the attestation clauses accurately and sign their names properly to avoid delays for documents needing to be processed and sent to another country.
26)A person residing in a state bordering Nebraska, but employed in Nebraska, may not make application to be commissioned and may not use their employer address as their
residence address to falsely obtain a Nebraska Notary Commission.
27)The $15,000 Surety Bond is not “insurance” to protect the Notary, but rather to protect the public against improper notarization. The Notary Bond may pay only an amount up to the face value of the bond to the aggrieved party and the bond company will attempt to collect the amount paid out from the Notary. Damages to the aggrieved party in excess of the $15,000 Surety Bond may be brought against the Notary in court. (See Neb. Rev. Statute §64-109).
28) Notarization does not guarantee the legal sufficiency or truthfulness of the contents of a document. Notarization guarantees that: a) the principal(s) identity is known to the Notary or proven by satisfactory evidence or credible witness and b) the principal(s) personally appeared in the presence of the Notary to sign or execute the document.
29)If the Secretary of State holds a hearing based on allegations of malfeasance in office by a Notary Public and finds that the Notary Public is guilty, the Secretary of State may temporarily suspend or permanently revoke the Notary’s Commission. A Notary whose commission is temporarily revoked or permanently suspended must cease notarizing and return their Seal and Commission Certificate to the Secretary of State’s office. After the period of temporary revocation has been fulfilled, if the person wants to again be commissioned as a Notary Public, they must begin the commission application process again, which includes successfully taking and passing the written examination, properly completing an application, obtaining a new $15,000.00 surety bond, and paying the $30.00 commission application fee. (See Neb. Rev. Statute §64-113).
30)There are now two procedures for signature by mark for those unable to sign by reason of physical incapacity:
Procedure #1: A document signer is only able to affix a ‘mark’ in lieu of affixing his/her signature:
1)The document signer may affix his/her ‘mark’ in the presence of:
˜The Notary; and
˜Two (2) witnesses unaffected by the docum ent
2)Both witnesses must sign their names beside the ‘mark’ made by the document signer.
3)The Notary Public writes below the “mark”:
˜“Mark affixed by (nam e of signer) in the presence of (names and addresses of the two witnesses) and undersigned Notary Public.
4)The Notary Public notarizes the signature by “mark” through an acknowledgment, jurat, or signature witnessing. (See Neb. Rev. Statute §64-105.02).
Procedure #2: A document signer is physically unable to sign his/her signature or affix by “mark” a representation thereof:
1)A Notary Public may sign the name of the person physically unable to sign or make a “mark” on a document presented for Notarization, if:
˜The person physically unable to sign his/her nam e or make a ‘mark’ on a document directs the Notary Public to do so in the presence of two (2) witnesses unaffected by the document.
˜The Notary Public signs the person’s nam e in the presence of the person and the two witnesses.
2)Both witnesses sign their own names beside the Notary’s “proxy” signature for the person unable to sign.
3)The Notary writes below the signature: “Signature affixed by Notary Public in the presence of (names & addresses of the two witnesses).
4)The Notary Public notarizes the signature through an acknowledgment, jurat, or signature witnessing. (See Neb. Rev. Statute §64-105.02).
IV. NOTARIAL SEALS
Seal: (1) Each Notary Public, before performing any duties of his or her office, shall provide himself or herself with an official seal on which shall appear the words:
˜State of Nebraska, General Notary OR State of Nebraska, General Notarial
˜His or her nam e
˜Date of expiration of his or her com mission
Seal: (2) The official seal of a Notary Public shall be an ink stamp seal with which he or she shall authenticate all of his or her official acts.
NOTE: Round seals are discouraged as there may NOT be enough space allowed on a document to properly affix a round seal.
Suggested Size: 2” x ½”
Suggested Shape: State of Nebraska or Rectangular
State of Nebraska General Notary
John Q. Citizen
Comm Exp: 7-16-2008
State of Nebraska General Notarial
Comm Exp: 7-26-2008
V. NOTARIES PUBLIC STATUTES:
64-101 Appointment; qualifications; term.
1)The Secretary of State may appoint and commission such number of persons to the office of Notary Public as he or she deems necessary.
2)There shall be one class of such appointments which shall be valid in the entire state and referred to as general notaries public.
3)The term effective date, as used with reference to a commission of a Notary Public, shall mean the date of the commission unless the commission states when it goes into effect, in which event that date shall be the effective date.
4)A general commission may refer to the office as Notary Public and shall contain a provision showing that the person therein named is authorized to act as a Notary Public anywhere within the State of Nebraska or, in lieu thereof, may contain the word general or refer to the office as General Notary Public.
5)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 as provided in section 64-101.01.
6)No appointment shall be made if such applicant has been convicted of a felony or other crime involving fraud or dishonesty.
7)No appointment shall be made until such applicant has attained the age of nineteen years nor unless such applicant certifies to the Secretary of State under oath that he or she has carefully read and understands the laws relating to the duties of notaries public and will, if commissioned, faithfully discharge the duties pertaining to the office and keep records according to law.
8)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.
64-101.01 Written examination required.
The written examination required by section 64-101 shall be developed and administered by the Secretary of State and shall consist of questions relating to laws, procedures, and ethics for notaries public. All applicants for commission as a Notary Public on and after July 16, 2004, shall be required to take and pass the examination prior to being commissioned.
64-102 Commission; how obtained; bond.
Any person may apply for a commission authorizing the applicant to act as a Notary Public anywhere in the State of Nebraska, and thereupon the Secretary of State may, at his or her discretion, issue a commission authorizing such Notary Public to act as such anywhere in the State of Nebraska. 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. Such person so
Filling out the Notary Handbook Nebraska form requires careful attention to detail to ensure that all required information is provided accurately and in full compliance with state regulations. This form is a key step for current and prospective notaries in Nebraska to understand their responsibilities, ethical considerations, and the legal framework governing their duties. As such, completing this form accurately is not just about administrative compliance, but also about preparing oneself for the critical role of a Notary Public in Nebraska. The following steps outline the process to fill out the form correctly.
Upon completion, ensure to keep a copy of the form and handbook for your records and future reference. Staying informed and compliant with the Nebraska notary public requirements is an ongoing process. Review the handbook periodically for updates or changes in the law, fees, or best practices to ensure continued compliance and effectiveness in your role as a Notary Public.
The Secretary of State in Nebraska bears the responsibility of issuing and enforcing licenses for Notaries Public. With the ambition to uphold standards and ensure Notaries are aware of their legal responsibilities, the Secretary's office plays a crucial support role, particularly given the fact that there are approximately 30,000 commissioned Notaries in the state. Notarizations facilitated by these officials are vital for the reliability of documents in sectors such as banking, real estate, and law.
A Notary Public in Nebraska is prohibited from providing legal advice or assisting in filling out forms unless they are a licensed attorney. This includes advising on the legality of a document's content or which type of notary attestation clause to use if a document lacks one. The primary duty of a Notary is to verify the signer’s identity and their understanding and willingness to sign, without extending into legal guidance or document preparation.
The identification requirements for notarization in Nebraska are clearly defined. A Notary must have "satisfactory evidence of identity" of the principal, which can be one of the following:
An Apostille is a form of authentication issued to documents for use in countries that participate in The Hague Convention of October 5, 1961. It certifies the authenticity of the signature of the Notary and the Notary's authority to act. In Nebraska, the Secretary of State or their deputy is authorized to affix an Apostille. It's essential for documents intended to cross international boundaries for legal or official purposes where the document needs to be recognized as legitimate in another country.
Nebraska Notaries Public are authorized to perform a variety of notarial acts, which include, but are not limited to, the following:
Before notarizing a document, a Notary Public must ensure that it does not contain any blank spaces or lines, as this could leave the document vulnerable to fraudulent alterations after the notarial act. The principal must either fill in these blanks or cross them out before the document is notarized. This precaution helps to safeguard the document's integrity and the legality of the notarial act.
Filling out the Notary Handbook Nebraska form correctly is crucial for ensuring the legal integrity of notarizations. Unfortunately, six common mistakes are frequently made, compromising the reliability of documents. Understanding and avoiding these errors can help maintain the high standards expected in the legal community.
Steering clear of these common mistakes helps not only in adhering to legal requirements but also ensures the reliability and integrity of the notarization process. As such, it's imperative for notaries to be well-versed in the guidelines provided by the Notary Handbook Nebraska and to approach their duties with diligence and accuracy.
When discussing the Notary Handbook Nebraska, it's essential to recognize the importance of understanding and proper usage of various other forms and documents often used in conjunction with it. Notaries Public are integral to the legal, real estate, and banking sectors, ensuring the authenticity and reliability of countless documents. The handbook serves as a crucial guide, but in practice, its utility is maximized when combined with other documents that facilitate or require notarization.
In essence, the Notary Handbook Nebraska is a starting point for individuals serving as Notaries Public, guiding them in performing their duties lawfully and ethically. However, the range of documents they interact with is broad, covering many areas of personal, commercial, and legal activities. Understanding each form's unique requirements and the context in which it is used forms the foundation of effective notarial practices, ensuring the integrity of the notarization process and the documents themselves.
The Notary Handbook Nebraska form shares similarities with various legal and procedural documents utilized by professionals in various sectors. These documents serve as essential tools in ensuring legal compliance, understanding procedural obligations, and executing duties effectively. Each similar document provides its own unique perspective on aspects relative to notarial functions, though they all aim to guide and inform regarding proper practices within their respective contexts.
1. Notary Public Application Forms: Notary Handbook Nebraska form is reminiscent of Notary Public Application Forms used in other states. These application forms, much like the Notary Handbook, contain detailed instructions regarding the requirements for becoming a notary. They outline eligibility criteria, procedures for applying, and the necessary fees, akin to how the Notary Handbook provides comprehensive guides on notarial duties and ethical considerations. However, where application forms serve as a gateway for individuals seeking to become notaries, the Notary Handbook Nebraska form offers a more in-depth exploration of the responsibilities and best practices once commissioned.
2. Notary Public Manuals or Handbooks from Other States: The Notary Handbook Nebraska form shares similarities with notary public manuals or handbooks from other states in terms of content and purpose. Like its counterparts, it's designed to be an authoritative resource, providing notaries with a thorough understanding of their duties, ethical considerations, and the legal framework they must operate within. Both types of documents cover a range of topics including the definition of notarial acts, the process of notarization, and guidelines for proper document handling. However, while the specifics may vary according to state laws, the overarching goal remains the same: to ensure notaries are well-informed and capable of performing their duties accurately and lawfully.
3. Legal Definitions and Glossaries: The Notary Handbook Nebraska form, particularly its initial sections outlining definitions, bears likeness to legal definitions and glossaries found in law resources. These resources, like the handbook, aim to clarify the meaning of legal terms and expressions to ensure a consistent understanding among professionals. The definitions section in the Notary Handbook helps demystify legal jargon related to notarial acts, making it accessible for notaries who may not have a formal legal background. This is crucial for ensuring that notaries fully comprehend the terms and conditions under which they operate, akin to the function of legal dictionaries and glossaries in broader legal contexts.
4. Professional Ethical Codes: The Notary Handbook Nebraska form’s segments on ethics and notarial conduct are reminiscent of professional ethical codes that guide behavior in various professions, such as law, medicine, and accounting. These codes, much like the Handbook, set forth principles and standards expected of professionals to act honorably, responsibly, and with integrity. Although the focus of these codes varies by profession, the underlying objective aligns with that of the Notary Handbook: to ensure that professionals conduct themselves in a manner that upholds the dignity of their profession and fosters public trust.
When filling out the Notary Handbook Nebraska form, it's essential to adhere to specific guidelines to ensure the process is carried out correctly and legally. Here are seven dos and don'ts to consider:
Many people have misunderstandings about the Notary Handbook Nebraska form and the duties of a notary public in the state. Below are ten common misconceptions explained:
Notaries can give legal advice: Notaries in Nebraska are not authorized to give legal advice to a principal regarding the contents of a document or whether it should be signed unless they are also licensed attorneys.
Any document can be notarized without an attestation clause: Each document to be notarized must have an attestation clause. If the document lacks one, the notary cannot simply add it or suggest what type to use.
Notarization is always a quick signature and stamp: The process includes verifying the identity of the signer, ensuring the document has no blank spaces, and understanding the type of notarial act required. It's not just about affixing a signature and seal.
A notary's duties are the same as a "Notario Publico" in Latin American countries: In Nebraska, notaries do not have the same authority as "Notario Publicos" in Latin America, where they may also offer legal advice and have powers beyond notarization.
Personal knowledge of the signer is always enough for identification: While knowing the signer personally can be sufficient, Nebraska law also allows for identification through government-issued documents or the oaths of credible witnesses.
Notaries can perform their duties nationwide: Nebraska notaries are commissioned to perform their duties within the state boundaries, not across the United States.
There are no fees associated with notarial acts: Nebraska law specifies fees that notaries can charge for services such as taking affidavits, administering oaths, and acknowledging documents.
The bond protects the notary: The primary purpose of a notary public bond is to protect the public from damages caused by a notary's misconduct, not to protect the notary.
A notary public can notarize their own signature: Notaries cannot perform notarial acts on their own documents or on documents where they have a personal interest.
Notarial seals and stamps are optional: In Nebraska, the use of a seal or stamp is required on all attestation clauses to validate the notarization.
Understanding these points helps clarify the role and responsibilities of notaries in Nebraska. It also underscores the importance of following state regulations to ensure documents are legally binding and properly executed.
Understanding the Notary Handbook Nebraska is essential for anyone involved in the process of notarization within the state. This resource outlines various definitions, procedures, and requirements that are key to ensuring the legality and reliability of notarized documents. Below are nine key takeaways to help guide notaries public in fulfilling their duties accurately and in accordance with Nebraska law.
These takeaways from the Official Notary Public Handbook issued by the Nebraska Secretary of State’s office provide a foundational understanding of notary procedures, ethics, and laws. Familiarity with these elements ensures notaries can effectively support the reliability of documents in various professional settings while protecting themselves from legal pitfalls.
Nebraska Unemployment Employer Registration - Supports the state's audit and verification processes by demanding precise payroll records from employers.
Notary Fee - This form formalizes the oath a Notary Public in Nebraska takes to uphold both federal and state constitutions and perform duties impartially.