Nebraska Notary Law
FREQUENTLY ASKED QUESTIONS
The new Notary law doesn’t allow notarization for relatives. Can you clarify which relatives we can and cannot notarize for?
- Notaries are prohibited from notarizing for:
- Ancestors: Parents, grandparents
- Descendants: Children, grandchildren
- Spouse: Husband or wife
- Siblings: Brothers and sisters
- Note: The above relationships also include in-law, step, or half relatives. (Example: mother-in-law, step sister, or half brother.)
- Notaries may notarize for:
- Aunts & uncles
- Nieces & nephews
- Cousins
Must my commission expiration date be included on my Notary Seal?
- Yes, all notaries commissioned after September 1, 2007, must include their commission expiration date on their notary seal. A notary public whose commission was issued prior to September 1, 2007, is not required to include his/her commission expiration date on his/her seal until commission renewal.
If a document to be notarized does not have an 'affix seal here' notation, where is the best place to stamp my Seal?
- It is best to affix your Seal in the general area of your signature (typically below or to either side). Be sure that you press firmly and evenly to affix the Seal so that all information on the Seal is legible. Do not affix your stamp over printed text in the document or over signatures.
Must the attestation clause and notarization appear on the same page as the affiant's signature? I recently was asked to notarize a document and the affiant's signature was on page 2, but the attestation clause was on page 3 and I was uncomfortable that they were on separate pages.
- Ideally, both the attestation clause and notarization would appear on the same page; however, it is not required by law.
If a document to be notarized does not have an attestation clause and there is not sufficient room on the form to add it, what can be done to accommodate the situation?
- An attestation clause may typed on a separate piece of paper and then signed, notarized, and stapled to the front of a document presented for notarization.
What can a Notary do to insure that no pages are added or removed from a document they have notarized to protect themselves from fraud?
- Two possible suggestions:
- A Notary may note at the top of each page of the document:
- a) Page ___ of ___ , and
- b) Write in the title of the document (i.e. Power of Attorney, Assignment, etc.)
- Both the Notary and Affiant may initial each page of the document.
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.
I was recently married and need to know how to change my name on my Notary Commission.
- You have two options for changing your name on your Notary Commission:
- 1) To change your name prior to your Commission expiration date, you must begin the application process anew. You will need take and pass a written examination; fill out an initial application; obtain a new bond (in the new name); and pay the $30.00 application fee to our office. Upon receipt of these items, our office will assign you a new commission expiration date. Then you may purchase a stamp with your new name and new commission expiration date.
OR
- 2) You may keep notarizing using your current stamp and signing the name you are currently commissioned under until your commission officially expires. You may then change your name if you choose to renew your commission.
What is a Notary supposed to do if a document is brought to them by the principal and the principal has already signed it?
- First, if you don’t know the person, follow the identification procedures outlined in the next section, and then ask the principal to sign again directly above where he/she had already signed the document.
Will you please list the methods we must follow to properly identify someone whose signature we will be notarizing?
- According to Nebraska §64-105, the principal must be identified through
“Satisfactory Evidence”:
- A government issued identification card with picture, signature and physical description
- A passport
- The oath or affirmation of one credible, unaffected, witness who is personally known to the notary and who personally knows the principal
- The principal is personally known to the notary through interaction over a period of time
As a Notary Public we are not to read or determine the legal sufficiency of a document we are asked to notarize, but what if there are blank spaces or signatures in the document?
- You are correct that a Notary should not read in detail the document they have been asked to notarize or offer advice about the content or legality of the document; however, a notary should look for blank spaces or blank signature lines on the document. Blank lines should either be completed or crossed through by the principal(s) prior to notarization. Failure to do so, leaves the document open to easy alteration after the notarial act has been performed.
A document was prepared in Missouri and sent to our client here in Nebraska to be notarized. Since the document originated in Missouri, the venue (location) in the attestation clause section of the document was pre-filled with State of Missouri. What is the proper way to correct this ?
- Simply cross through the error, in this case the incorrect name of the state, and write in Nebraska and the county where the notarization will take place. Warning! NEVER use correction fluid or tape to correct errors appearing on a document to be notarized.
When I resigned my job at my previous employer, the company kept my Notary Seal and Certificate because they paid my Notary commission fees. Do I need to begin the Notary commissioning process all over again?
- No, you do not need to be re-commissioned. Our office commissions people—NOT the company who paid the commissioning fees. We can issue you a new commission certificate for your records and you may go purchase a new Notary Seal to use when notarizing.
I contacted my stock broker because I own some stock certificates and want to sell the stock. In the instructions it states that I must obtain a 'Medallion Signature Guarantee'. Is this a special type of notarization?
- Notarization and Medallion Signature Guarantees are not the same type of signature ‘guarantee’ and they should not be confused or used interchangeably. The Medallion Signature is used in the securities (stock) business by financial institutions for transferring or selling of shares of stock by the owners of the stock. A Notarization provides proof that the document signer provided satisfactory proof of identification to the Notary and appeared in the presence of a Notary to personally sign the document.
Every year a rodeo takes place in our community and parents bring rodeo participant permission forms that are to be signed by their child and then notarized. Many of the participants are minors and aren’t old enough to have a drivers license or even a learners permit. Is it okay to have the parents be the credible witnesses to satisfy the satisfactory proof of identification now required by the new Notary law?
- Generally speaking, minors may not sign or enter into contracts; however, there are certain situations where a minor’s signature may need to be notarized. Youth participation in sporting events, often requires parental permission forms to be signed and notarized. Your suggestion appears to be sufficient because as you stated, minors typically would not have a government-issued identification card that has a picture, physical description, and a signature. If the parents are not personally known to you, ask them for proper identification to prove their identity; have the minor and/or parents sign the permission form in your presence; and proceed to properly notarize by signing your name and affixing your Notary Seal.
I work in a county government office and we received a document to file in our records. We reviewed the document for all required information and signatures and we noticed that the person who signed the document also notarized it. Is this legal?
- A Notary may not notarize their own signature as that flies in the face of what a notarization is all about: a disinterested party (the Notary) personally witnessing a person or persons signing a legal document. A person cannot appear in their own presence and cannot be a disinterested witness to a document they themselves are signing!
I perform many notarizations on a daily basis for my employer and all the other businesses in our office complex. A friend suggested that I may want to consider using a journal for keeping a record of my notarizations. Is it mandatory under the new law that I keep a journal? If so, where might I purchase a journal?
If you have questions regarding the information provided above or you would like to have additional questions addressed in our FAQ, please contact:
Judy Jobman
Deputy Secretary of State
Business Services & Licensing Divisions
Secretary of State’s Office
BusinessServices_NotaryPublicDiv@sos.ne.gov
