NE Notary flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Acknowledgment
- A notarial act in which the signer personally appears, is identified through satisfactory evidence, and tells the notary that the signature on the document was voluntarily made.
- Jurat
- A notarial act in which the signer signs in the notary's presence and swears or affirms the truth of the document's contents; the certificate must state an oath was administered.
- Personal appearance
- The signer must be physically present before the notary when the act is performed; notarizing for an absent signer or a pre-signed document without appearance is prohibited.
- Satisfactory evidence
- Identification of the signer by the notary's personal knowledge or by a government-issued photo identification card bearing a signature; without it the notary must decline the act.
- Credible witness
- A person who personally knows the signer and, under oath, vouches for the signer's identity when the signer cannot produce acceptable identification documents.
- Signature witnessing
- A notarial act in which the notary observes the signer sign the document and certifies that the signature was made in the notary's presence.
- Oath administration
- The notary asks the signer to swear or affirm truthfulness; the certificate for a jurat must reflect that the oath or affirmation was actually given.
- Refusal of act
- A notary must decline to perform an act when the signer lacks satisfactory identification, appears coerced or confused, or the document is incomplete.
- Self-notarization
- Performing a notarial act on a document the notary signed or is a party to; prohibited because the notary cannot be an impartial witness to their own act.
- Beneficial interest
- A direct financial or property stake in the transaction underlying a document; the notary must decline to act when such an interest exists.
- Blank document rule
- A notary may not sign, seal, or complete a certificate on a document that lacks the essential terms, signatures, or information needed for the transaction.
- Statutory fee limit
- A notary may charge no more than the maximum fee set by statute for each notarial act; charging more is a prohibited act subject to discipline.
- Advertising restriction
- A notary may not use the notarial title to promote goods or services unless the advertisement clearly states the notary is not sponsored by the state.
- Bond claim
- An injured person may file a claim against the notary's surety bond for losses caused by the notary's misconduct, up to the bond's face amount.
- Commission revocation
- The Secretary of State may suspend or revoke a notary commission and impose civil penalties when a notary commits prohibited acts or official misconduct.
- Unauthorized notarial practice
- Performing notarial acts without a valid commission; a criminal offense that may also create civil liability for any resulting losses.
- Four-year term
- Nebraska notary commissions last four years and expire on the date printed on the commission; the notary may not act after that date.
- Secretary of State
- The state official with authority to appoint, commission, investigate, suspend, and revoke Nebraska notaries public.
- Surety bond
- A bond filed with the notary application that protects the public from losses caused by notary misconduct; it does not insure the notary.
- Oath of office
- An oath or affirmation the applicant must take and file with the application before the notary commission is issued.
- Reappointment
- A new application, bond, and oath are required before the current commission expires; a notary commission does not renew automatically.
- Minimum applicant age
- An applicant for a Nebraska notary commission must be at least eighteen years old at the time the application is submitted.
- Commission certificate
- The document issued by the Secretary of State showing the notary's name, county, and commission expiration date; kept as proof of authority.
- Name on commission
- A notary must sign documents and use a seal bearing the exact name shown on the commission; a different name may invalidate the act.
- Certificate venue
- The heading of a notarial certificate stating the state and county in which the notarial act was performed.
- Seal contents
- Nebraska notary seals must show the notary's name, the words Notary Public and State of Nebraska, and the commission expiration date.
- Journal entry contents
- Each notarial act is recorded with the date, type of act, signer's name and address, identification presented, and the fee charged.
- Error correction
- Draw a single line through an incorrect entry, initial it, and write the correct information; never erase, obliterate, or use correction fluid.
- Journal custody
- The notary journal is the notary's property, must be safeguarded, and remains subject to inspection by the Secretary of State.
- Certificate completion timing
- The certificate must be completed at the time of the act with the notary's signature, seal, date, and expiration date; pre-signed or blank certificates are prohibited.
- Jurat certificate language
- A jurat certificate must state that the signer swore or affirmed the contents were true and that the signature was made in the notary's presence.
- Acknowledgment certificate language
- An acknowledgment certificate states that the signer personally appeared, was identified, and acknowledged executing the document voluntarily for its stated purpose.