NE Notary cheat sheet

Every notarial act requires the signer's personal appearance before the notary; acting on a mailed, emailed, or pre-signed document without appearance is improper unless done under authorized remote notarization procedures.

An acknowledgment certifies identity and voluntariness of the signature; the notary is not required to watch the signer sign.

A jurat certifies that the signer signed in the notary's presence and swore or affirmed the contents are true; the notary must actually administer the oath or affirmation.

Satisfactory evidence of identity means personal knowledge of the signer or a government-issued photo identification card that also bears the signer's signature.

If the signer lacks acceptable identification, a credible witness who personally knows the signer may vouch for identity under oath.

The notary must assess voluntariness and comprehension and must decline the act if the signer appears coerced, confused, or unable to understand what is being signed.

Signature witnessing requires the notary to observe the signature being made; certifying a signature not observed is a false certificate.

The certificate date must be the actual date the act was performed; backdating and postdating certificates are prohibited.

A notary may not perform a notarial act on the notary's own signature or on a document to which the notary is a party.

A notary may not act on a document in which the notary holds a direct beneficial interest, such as a sale, loan, or transfer that financially benefits the notary.

Signing, sealing, or completing a certificate on a blank or incomplete document is prohibited; essential terms and signatures must be present first.

Fees are capped by statute for each notarial act; charging, soliciting, or accepting more than the statutory maximum is a prohibited act.

Using the notarial title to advertise or promote goods and services is prohibited unless the advertisement states the notary is not sponsored or endorsed by the state.

Performing notarial acts without a valid commission is a criminal offense and creates civil liability for losses caused by the unauthorized act.

An injured party may claim against the notary's surety bond, sue the notary civilly, and report the misconduct to the Secretary of State.

The Secretary of State may investigate complaints, suspend or revoke the commission, impose civil penalties, and require restitution.

Nebraska notaries public are appointed and commissioned by the Secretary of State for a term of four years.

An applicant must be at least 18 years old and must submit a completed application to the Secretary of State.

The application must be accompanied by an oath of office and a surety bond, and the bond must remain in force for the entire commission term.

The bond protects the public rather than the notary; the notary remains personally liable for losses that exceed the bond amount.

Reappointment requires a new application, oath, and bond submitted before the expiration date; a commission does not renew automatically.

A notary may not perform official acts before the commission's effective date or after its expiration date.

The notary must sign and seal using the exact name that appears on the commission certificate.

Failure to obtain or maintain the required bond is grounds for suspension or revocation of the commission.

Each certificate must identify the state and county where the act occurred, the date of the act, the signer, and the type of notarial act performed.

The notary's official signature, a legible seal impression, and the commission expiration date must appear on every notarized document.

Journal entries for each act record the date and time, type of act, signer's name and address, identification presented, and the fee charged.

The journal belongs to the notary, must be safeguarded and retained after the commission ends, and is subject to inspection by the Secretary of State.

Errors are corrected with a single line through the incorrect entry, the notary's initials, and the correct information; erasures and correction fluid are prohibited.

Blank certificates, pre-signed certificates, and certificates completed without the corresponding act are prohibited.

A jurat certificate must contain oath or affirmation language; an acknowledgment certificate must contain acknowledgment language.

Personal information recorded in the journal may not be disclosed except as authorized by law, by court order, or to the Secretary of State.