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) a felony or (b) a crime involving fraud or dishonesty within the previous five years.

(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) No person shall be appointed a notary public unless he or she resides in the State of Nebraska, except that the Secretary of State may appoint and commission a person as a notary public who resides in a state that borders the State of Nebraska if such person is employed in or has a regular place of work or business in this state and the Secretary of State has obtained evidence of an address of the physical location of such employment or place of work or business prior to such appointment and commission.

(9) 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.

Source:Laws 1869, § 1, p. 20; G.S.1873, p. 493; Laws 1883, c. 58, § 1, p. 248; R.S.1913, § 5517; Laws 1919, c. 123, § 1, p. 293; Laws 1921, c. 99, § 2, p. 365; C.S.1922, § 4813; C.S.1929, § 64-101; Laws 1943, c. 136, § 1, p. 467; R.S.1943, § 64-101; Laws 1945, c. 145, § 1, p. 487; Laws 1951, c. 205, § 1, p. 763; Laws 1967, c. 396, § 2, p. 1241; Laws 1971, LB 88, § 1; Laws 1976, LB 622, § 1; Laws 2004, LB 315, § 2; Laws 2012, LB398, § 2.

Annotations

The Governor is authorized to appoint such number of persons to the office of notary public as he shall deem necessary. Cohn v. Butterfield, 89 Neb. 849, 132 N.W. 400 (1911).

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.

Source:Laws 2004, LB 315, § 3.

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 appointed to the office of notary public shall make oath or affirmation, to be endorsed on such bond, and subscribed by him or her before some officer authorized by law to administer oaths, and by him or her certified thereon, that he or she will support the Constitution of the United States and the Constitution of Nebraska and will faithfully and impartially discharge and perform the duties of the office of notary public.

Source:Laws 1919, c. 123, § 1, p. 293; Laws 1921, c. 99, § 2, p. 365; C.S.1922, § 4813; C.S.1929, § 64-101; Laws 1943, c. 136, § 1, p. 468; R.S.1943, § 64-102; Laws 1945, c. 145, § 2, p. 489; Laws 1967, c. 396, § 3, p. 1242; Laws 1988, LB 1030, § 47; Laws 2004, LB 315, § 4.

64-103. Commission; signature; seal; filing and approval of bond; delivery.

When any person is appointed to the office of notary public, the Secretary of State shall cause his or her signature or a facsimile thereof to be affixed to the commission and he or she shall affix thereto the great seal of the state. Upon the filing and approval of the bond, as provided for in section 64-102, the Secretary of State shall mail or deliver the commission to the applicant. The form and format of the commission shall be prescribed by the Secretary of State.

Source:Laws 1869, § 2, p. 21; G.S.1873, p. 493; R.S.1913, § 5518; C.S.1922, § 4814; C.S.1929, § 64-102; R.S.1943, § 64-103; Laws 1945, c. 145, § 3, p. 489; Laws 1963, c. 368, § 1, p. 1186; Laws 1967, c. 396, § 4, p. 1243; Laws 1988, LB 1030, § 48; Laws 2004, LB 315, § 5.

64-104. Notary public; commission; renewal; procedure.

Commissions for general notaries public may be renewed within thirty days prior to the date of expiration by filing a renewal application along with the payment of the fee prescribed in section 33-102 and a new bond with the Secretary of State. The bond required for a renewal of such commission shall be in the same manner and form as provided in section 64-102. The renewal application shall be in the manner and form as prescribed by the Secretary of State. Any renewal application for such commission made after the date of expiration of the commission shall be made in the same manner as a new application for such commission as a general notary public.

Source:Laws 1967, c. 396, § 9, p. 1245; R.S.1943, (1986), § 64-116; Laws 1994, LB 1004, § 5; Laws 2012, LB398, § 3.

64-105. Notarial acts prohibited; when.

(1) A notary public shall not perform any notarial act as authorized by Chapter 64, articles 1, 2, and 3 if the principal:

(a) Is not in the presence of the notary public at the time of the notarial act; and

(b) Is not personally known to the notary public or identified by the notary public through satisfactory evidence.

(2) For purposes of this section:

(a) Identified by the notary public through satisfactory evidence means identification of an 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

(b) 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.

(3) This section does not apply to online notarial acts under the Online Notary Public Act.

Source:Laws 2004, LB 315, § 6; Laws 2019, LB186, § 20.

Cross References

Online Notary Public Act, see section 64-401.

64-105.01. Notary public; disqualified; when.

A notary public is disqualified from performing a notarial act as authorized by Chapter 64, articles 1 and 2, if the notary:

(1) Is a spouse, ancestor, descendant, or sibling of the principal, including in-law, step, or half relatives;

(2) Except in the performance of duties pursuant to sections 64-211 to 64-215, 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; or

(3) Does not understand the acknowledgment or notarial certificate used to certify the performance of his or her duties.

Source:Laws 2004, LB 315, § 7; Laws 2012, LB398, § 4.

64-105.02. Notarization; when.

(1) 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"; and

(d) The notary public notarizes the signature by mark through an acknowledgment, jurat, or signature witnessing.

(2) 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;

(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.

Source:Laws 2004, LB 315, § 8.

64-105.03. Notary public; unauthorized practice of law; prohibited.

(1) A notary public who is not an attorney shall not engage in the unauthorized practice of law as provided in this section.

(2) 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.

(3) 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.

(4) 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.

(5) 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".

(6) 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.

(7) 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.

(8) A violation of any of the provisions of this section shall be considered the unauthorized practice of law and subject to the penalties provided in section 7-101.

Source:Laws 2004, LB 315, § 9.

64-105.04. Change of residence; duties.

A notary public shall notify the Secretary of State of any change of his or her residence no later than forty-five days after such change. Information provided on the change-of-address form shall include the notary public's name as it appears on his or her commission, the date the commission expires, and the notary public's new address. The Secretary of State shall prescribe forms consistent with the requirements of this section.

Source:Laws 2004, LB 315, § 10.

64-106. Repealed. Laws 1969, c. 523, § 11.

64-107. Powers and duties; certificate or records; receipt in evidence.

A notary public is authorized and empowered, within the state: (1) To administer oaths and affirmations in all cases; (2) to take depositions, acknowledgments, and proofs of the execution of deeds, mortgages, powers of attorney, and other instruments in writing, to be used or recorded in this or another state; and (3) to exercise and perform such other powers and duties as authorized by the laws of this state. Over his or her signature and official seal, he or she shall certify the performance of such duties so exercised and performed under this section. Such certificate shall be received in all courts of this state as presumptive evidence of the facts therein certified to.

Source:Laws 1869, § 6, p. 22; G.S.1873, p. 494; R.S.1913, § 5522; C.S.1922, § 4818; C.S.1929, § 64-106; R.S.1943, § 64-107; Laws 1945, c. 145, § 7, p. 492; Laws 1967, c. 396, § 6, p. 1243; Laws 2012, LB398, § 5.

Annotations

1. Certification

2. Liability

3. Miscellaneous

1. Certification

The certification of a notary public's official duties, over his or her signature and official seal, is received by the courts as presumptive evidence of the facts certified therein. Johnson v. Neth, 276 Neb. 886, 758 N.W.2d 395 (2008).

Certificate of acknowledgment of notary, in proper form, is sufficient to authorize deed to be received in evidence without further proof of execution. Neneman v. Rickley, 110 Neb. 446, 194 N.W. 447 (1923).

Certificate is presumptive evidence of facts therein, including statement that affiant signed affidavit. Smith v. Johnson, 43 Neb. 754, 62 N.W. 217 (1895).

The presence of a notarial seal and the notary's signature serves as presumptive evidence of the performance of the notary's duty, even when the expiration date of the notary's commission does not appear on the certificate of authentication. Valeriano-Cruz v. Neth, 14 Neb. App. 855, 716 N.W.2d 765 (2006).

In suit on stay bond, certificate of notary to acknowledgment of justification of surety is sufficient to make out prima facie case that surety appeared before notary and signed bond. Emerson-Brantingham Imp. Co. v. Johnson, 1 F.2d 212 (8th Cir. 1924).

Certificate of notary is presumptive evidence of facts, and fees therefor are taxable as costs in federal courts. Baker v. Howell, 44 F. 113 (Cir. Ct., D. Neb. 1890).

2. Liability

Giving notice of dishonor is official duty, and for neglect of same, notary and sureties are liable. Williams v. Parks, 63 Neb. 747, 89 N.W. 395 (1902).

Collecting bank, delivering bill to notary to protest, generally is not liable for his default, but is where notary is manager of bank. Wood River Bank v. First Nat. Bank of Omaha, 36 Neb. 744, 55 N.W. 239 (1893).

3. Miscellaneous

Fees for protesting local bank check are recoverable against drawer and drawee. German Nat. Bank of Beatrice v. Beatrice Nat. Bank, 63 Neb. 246, 88 N.W. 480 (1901).

Notary must sign name to jurat of affidavit. Holmes v. Crooks, 56 Neb. 466, 76 N.W. 1073 (1898).

Affidavit is void where jurat shows same was taken outside jurisdiction of notary. Byrd v. Cochran, 39 Neb. 109, 58 N.W. 127 (1894).

64-107.01. Oaths and affirmations.

Oaths and affirmations may be administered, in all cases whatsoever, by notaries public.

Source:R.S.1866, p. 274; Laws 1909, c. 92, § 1, p. 388; R.S.1913, § 5530; C.S.1922, § 4826; C.S.1929, § 65-101; R.S.1943, § 65-101; Laws 1951, c. 207, § 1, p. 768; Laws 1972, LB 1032, § 266; R.S.1943, (1986), § 65-101; Laws 1990, LB 822, § 38; Laws 1990, LB 821, § 40.

64-108. Summons; issuance, when authorized.

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 her, 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.

Source:Laws 1869, § 7, p. 23; G.S.1873, p. 495; R.S.1913, § 5523; C.S.1922, § 4819; C.S.1929, § 64-107; R.S.1943, § 64-108; Laws 2005, LB 348, § 18.

Annotations

Notary public has right to issue order of commitment, finding witness in contempt for refusing to answer a proper question, and same rule applies to refusal to testify in a hearing before referee appointed by court. State v. Degele, 137 Neb. 810, 291 N.W. 554 (1940).

Notary need not order witness to answer questions before committing for contempt where witness refuses to answer on ground of privilege and is asked if he is familiar with penalty for refusal to answer. Ehlers v. State, 133 Neb. 241, 274 N.W. 570 (1937).

Section is constitutional, and notary may punish witness for contempt for refusing to give deposition. Olmsted v. Edson, 71 Neb. 17, 98 N.W. 415 (1904); Dogge v. State, 21 Neb. 272, 31 N.W. 929 (1887).

Notary cannot punish persons for misdemeanors or misbehavior during taking of deposition. Courtnay v. Knox, 31 Neb. 652, 48 N.W. 763 (1891).

This section authorizes a notary to issue a subpoena only after notice of deposition has been deposited with the reporter. Burke v. Harman, 6 Neb. App. 309, 574 N.W.2d 156 (1998).

A witness may be compelled by process to appear before a notary and answer questions to depositions. Roschynialski v. Hale, 201 F. 1017 (D. Neb. 1913).

64-109. Civil liability of notary public; actions.

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.

Source:Laws 1869, § 8, p. 23; G.S.1873, p. 495; R.S.1913, § 5524; C.S.1922, § 4820; C.S.1929, § 64-108; R.S.1943, § 64-109.

64-110. Repealed. Laws 1945, c. 145, § 15.

64-111. Repealed. Laws 1967, c. 396, § 11.

64-112. Removal from state; termination; notice to Secretary of State.

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.

Source:Laws 1869, § 12, p. 25; G.S.1873, p. 496; Laws 1883, c. 58, § 2, p. 249; R.S.1913, § 5528; C.S.1922, § 4824; C.S.1929, § 64-112; R.S.1943, § 64-112; Laws 1945, c. 145, § 9, p. 493; Laws 1967, c. 396, § 7, p. 1244.

64-113. Removal; grounds; procedure; penalty.

(1) Whenever charges of malfeasance in office are preferred to the Secretary of State against any notary public in this state, or whenever the Secretary of State has reasonable cause to believe any notary public in this state is guilty of acts of malfeasance in office, the Secretary of State may appoint any disinterested person, not related by consanguinity to either the notary public or person preferring the charges, and authorized by law to take testimony of witnesses by deposition, to notify such notary public to appear before him or her on a day and at an hour certain, after at least ten days from the day of service of such notice. At such appearance, the notary public may show cause as to why his or her commission should not be canceled or temporarily revoked. The appointee may issue subpoenas to require the attendance and testimony of witnesses and the production of any pertinent records, papers, or documents, may administer oaths, and may accept any evidence he or she deems pertinent to a proper determination of the charge. The notary public may appear, at such time and place, and cross-examine witnesses and produce witnesses in his or her behalf. Upon the receipt of such examination, duly certified in the manner prescribed for taking depositions to be used in suits in the district courts of this state, the Secretary of State shall examine the same, and if therefrom he or she finds that the notary public is guilty of acts of malfeasance in office, he or she may remove the person charged from the office of notary public or temporarily revoke such person's commission. 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. The commission shall be canceled or temporarily revoked by the Secretary of State. A person so removed from office shall be forever disqualified from holding the office of notary public. A person whose commission is temporarily revoked shall be returned his or her commission and seal upon completion of the revocation period and passing the examination described in section 64-101.01. The fees for taking such testimony shall be paid by the state at the same rate as fees for taking depositions by notaries public. The failure of the notary public to deposit his or her commission and seal with the Secretary of State as required by this section shall subject him or her to a penalty of one thousand dollars, to be recovered in the name of the state.

(2) For purposes of this section, malfeasance in office means, while serving as a notary public, (a) failure to follow the requirements and procedures for notarial acts provided for in Chapter 64, (b) violating the confidentiality provisions of section 71-6911, or (c) being convicted of a felony or other crime involving fraud or dishonesty.

Source:Laws 1869, § 14, p. 25; G.S.1873, p. 497; R.S.1913, § 5529; C.S.1922, § 4825; C.S.1929, § 64-113; R.S.1943, § 64-113; Laws 1945, c. 145, § 10, p. 493; Laws 1967, c. 396, § 8, p. 1244; Laws 2004, LB 315, § 11; Laws 2011, LB690, § 2; Laws 2012, LB398, § 6; Laws 2019, LB186, § 21.

Annotations

Under former law where charges of malfeasance in office were brought to the Governor against a notary public, Governor was required to hold hearing, and if satisfied that charges were proven, remove the notary from office. Cohn v. Butterfield, 89 Neb. 849, 132 N.W. 400 (1911).

64-114. Change of name; continue to act.

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.

Source:Laws 1945, c. 145, § 13, p. 495.

64-115. Repealed. Laws 1982, LB 592, § 2.

64-116. Transferred to section 64-104.

64-117. Repealed. Laws 1982, LB 592, § 2.

64-118. Seal; engraved or ink stamp; adopt; use.

All persons, officers, and governmental and nongovernmental bodies and associations heretofore authorized by law to adopt and use a seal on official documents are hereby authorized to adopt and use either an engraved or ink stamp seal for such purposes, unless the use of ink stamp seals for such purposes is specifically prohibited by law.

Source:Laws 1971, LB 653, § 12.

Cross References

Additional requirements for notary public seal, see section 64-210.

64-119. Rules and regulations.

The Secretary of State may adopt and promulgate rules and regulations relating to the administration of, but not inconsistent with, the provisions of sections 64-101 to 64-118.

Source:Laws 2012, LB398, § 7.

64-201. Notarial acts, defined; performed; effect.

For the purposes of sections 64-201 to 64-210, unless the context otherwise requires: Notarial acts means acts 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. Notarial acts may be performed outside this state for use in this state with the same effect as if performed by a notary public of this state by the following persons authorized pursuant to the laws and regulations of other governments in addition to any other person authorized by the laws and regulations of this state:

(1) A notary public authorized to perform notarial acts in the place in which the act is performed;

(2) A judge, clerk, or deputy clerk of any court of record in the place in which the notarial act is performed;

(3) An officer of the foreign service of the United States, a consular agent, or any other person authorized by regulation of the United States Department of State to perform notarial acts in the place in which the act is performed;

(4) A commissioned officer in active service with the armed forces of the United States and any other person authorized by regulation of the armed forces to perform notarial acts if the notarial act is performed for one of the following or his dependents: A merchant seaman of the United States, a member of the armed forces of the United States, or any other person serving with or accompanying the armed forces of the United States; or

(5) Any other person authorized to perform notarial acts in the place in which the act is performed.

Source:Laws 1969, c. 523, § 1, p. 2139.

Annotations

A notary public or other authorized officer should use a traditional jurat (long or short) to certify the administration of an oath or affirmation and employ an acknowledgment for documents requiring that type of proof. AVG Partners I v. Genesis Health Clubs, 307 Neb. 47, 948 N.W.2d 212 (2020).

64-202. Notarial act; performance; proof of authority; maintenance of records.

(1) If the notarial act is performed by any of the persons described in sections 64-201 to 64-204, other than a person authorized to perform notarial acts by the laws or regulations of a foreign country, the signature, rank, or title and serial number, if any, of the person are sufficient proof of the authority of a holder of that rank or title to perform the act. Further proof of his or her authority shall not be required.

(2) If the notarial act is performed by a person authorized by the laws or regulations of a foreign country to perform the act, there is sufficient proof of the authority of that person to act if:

(a) Either a foreign service officer of the United States resident in the country in which the act is performed or a diplomatic or consular officer of the foreign country resident in the United States certifies that a person holding that office is authorized to perform the act;

(b) The official seal of the person performing the notarial act is affixed to the document; or

(c) The title and indication of authority to perform notarial acts of the person appears either in a digest of foreign law or in a list customarily used as a source of such information.

(3) 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.

(4) The Secretary of State may authorize the use of computers to maintain necessary records dealing with notaries public in the State of Nebraska.

Source:Laws 1969, c. 523, § 2, p. 2140; Laws 1988, LB 1030, § 49.

64-203. Certificate; contents.

(1) The person taking an acknowledgment shall certify that:

(a) The person acknowledging appeared before him or her and acknowledged he or she executed the instrument; and

(b) The 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.

(2) For purposes of this section, appearance before the person taking an acknowledgment includes an appearance outside the presence of a notary public if such acknowledgment was completed in accordance with the Online Notary Public Act.

Source:Laws 1969, c. 523, § 3, p. 2141; Laws 2019, LB186, § 22.

Cross References

Online Notary Public Act, see section 64-401.

Annotations

An attestation clause that does not list a name in the acknowledgment section is incomplete. Johnson v. Neth, 276 Neb. 886, 758 N.W.2d 395 (2008).

64-204. Certificate of acknowledgment; form; acceptance.

The form of a certificate of acknowledgment used by a person whose authority is recognized under section 64-201 shall be accepted in this state if:

(1) The certificate is in a form prescribed by the laws or regulations of this state;

(2) The certificate is in a form prescribed by the laws or regulations applicable in the place in which the acknowledgment is taken; or

(3) The certificate contains the words acknowledged before me, or their substantial equivalent.

Source:Laws 1969, c. 523, § 4, p. 2141.

64-205. Acknowledgment, defined.

(1) The words acknowledged before me means:

(a) That the person acknowledging appeared before the person taking the acknowledgment;

(b) That he or she acknowledged he or she executed the instrument;

(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; and

(d) That the person taking the acknowledgment either knew or had satisfactory evidence that the person acknowledging was the person named in the instrument or certificate.

Source:Laws 1969, c. 523, § 5, p. 2141; Laws 1993, LB 121, § 393; Laws 2019, LB186, § 23.

Cross References

Online Notary Public Act, see section 64-401.

64-206. Statutory short forms of acknowledgment; use of other forms.

The forms of acknowledgment set forth in this section may be used and are sufficient for their respective purposes under any law of this state. The forms shall be known as Statutory Short Forms of Acknowledgment and may be referred to by that name. The authorization of the forms in this section does not preclude the use of other forms.

(1) For an individual acting in his or her own right:

State of ...........

County of ...........

The foregoing instrument was acknowledged before me this (date) by (name of person acknowledged).

(Signature of Person Taking Acknowledgment)

(Title or Rank)

(Serial Number, if any)

(2) For a corporation:

State of ...........

County of ...........

The foregoing instrument was acknowledged before me this (date) by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging) a (state or place of incorporation) corporation, on behalf of the corporation.

(Signature of Person Taking Acknowledgment)

(Title or Rank)

(Serial Number, if any)

(3) For a partnership:

State of ...........

County of ...........

The foregoing instrument was acknowledged before me this (date) by (name of acknowledging partner or agent), partner (or agent) on behalf of (name of partnership), a partnership.

(Signature of Person Taking Acknowledgment)

(Title or Rank)

(Serial Number, if any)

(4) For a limited liability company:

State of ...........

County of ...........

The foregoing instrument was acknowledged before me this (date) by (name of acknowledging member or agent), member (or agent) on behalf of (name of limited liability company), a limited liability company.

(Signature of Person Taking Acknowledgment)

(Title or Rank)

(Serial Number, if any)

(5) For an individual acting as principal by an attorney in fact:

State of ...........

County of ...........

The foregoing instrument was acknowledged before me this (date) by (name of attorney in fact) as attorney in fact on behalf of (name of principal).

(Signature of Person Taking Acknowledgment)

(Title or Rank)

(Serial Number, if any)

(6) By any Public Officer, trustee, or personal representative:

State of ...........

County of ...........

The foregoing instrument was acknowledged before me this (date) by (name and title of position).

(Signature of Person Taking Acknowledgment)

(Title or Rank)

(Serial Number, if any)

Source:Laws 1969, c. 523, § 6, p. 2142; Laws 1993, LB 121, § 394.

64-207. Prior notarial acts; effect.

A notarial act performed prior to August 25, 1969, is not affected by sections 64-201 to 64-210. Sections 64-201 to 64-210 provide an additional method of proving notarial acts. Nothing in sections 64-201 to 64-210 diminishes or invalidates the recognition accorded to notarial acts by other laws or regulations of this state.

Source:Laws 1969, c. 523, § 7, p. 2144.

64-208. Sections, how interpreted.

Sections 64-201 to 64-210 shall be so interpreted as to make uniform the laws of those states which enact them.

Source:Laws 1969, c. 523, § 8, p. 2144.

64-209. Act, how cited.

Sections 64-201 to 64-210 may be cited as the Uniform Recognition of Acknowledgments Act.

Source:Laws 1969, c. 523, § 9, p. 2144.

64-210. Ink stamp seal; contents.

(1) Each notary public, before performing any duties of his or her office, shall provide himself or herself with an official ink stamp seal on which shall appear the words State of Nebraska, General Notary or State of Nebraska, General Notarial, his or her name as commissioned, and the date of expiration of his or her commission.

(2) A notary public shall authenticate all of his or her official acts with such seal.

(3) A notary public whose commission was issued by the Secretary of State before September 1, 2007, is not required to purchase a new ink stamp seal in order to comply with this section until the notary public's commission expires. Upon renewal, each notary public shall have engraved on his or her official ink stamp seal all of the information required in subsection (1) of this section.

Source:Laws 1969, c. 523, § 10, p. 2144; Laws 1971, LB 88, § 2; Laws 2004, LB 315, § 12; Laws 2007, LB382, § 1.

64-211. Acknowledgment of written instrument; attorneys; real estate broker or salesman; oath; authorized; prior acknowledgments validated.

(1) It shall be lawful for any attorney or any employer or associate of any such attorney, or for any stockholder, officer, or employee of any professional corporation authorized to practice law and who is a notary public to take the acknowledgment of any written instrument given in connection with the professional activities of such attorney or corporation and to administer an oath to any person executing any such instrument.

(2) It shall be lawful for any real estate broker or salesman or any employee or associate of any such broker and who is a notary public to take the acknowledgment of any written instrument given to or by any client of such broker and to administer an oath to any person or persons executing any such instrument.

(3) Acknowledgments taken or oaths administered prior to February 9, 1976, by any person described in subsections (1) and (2) of this section are hereby ratified and shall in all respects be lawful, valid, and binding.

Source:Laws 1975, LB 121, § 1; Laws 1976, LB 622, § 2.

Annotations

Although this section allows a lawyer to take acknowledgments, he may not do so when he is an interested party. Nat. Bank of Commerce Trust & Savings Assn. v. Rhodes, 207 Neb. 44, 295 N.W.2d 711 (1980).

64-212. Acknowledgment of written instrument; insurance company; credit union; oath; authorized.

It shall be lawful for a member or shareholder, an appointive officer, elective officer, agent, director, or employee of an insurance company or a credit union who is a notary public to take the acknowledgment of any person to any written instrument executed to or by the insurance company or credit union and to administer an oath to any shareholder, director, elected or appointed officer, employee, or agent of such insurance company or credit union.

Source:Laws 1947, c. 247, § 1, p. 771; Laws 1949, c. 221, § 1, p. 622; Laws 1951, c. 253, § 1, p. 873; Laws 1957, c. 315, § 2, p. 1133; R.R.S.1943, § 76-217.02; Laws 1976, LB 622, § 3; Laws 1976, LB 704, § 1; Laws 2002, LB 1094, § 15.

64-213. Acknowledgments of written instruments; insurance company; credit union; oath; prior acknowledgments validated.

Acknowledgments heretofore taken of any person to any written instrument given to or by an insurance company or credit union, or any oath administered to any member, director, elected officer, shareholder, appointive officer, employee, or agent of an insurance company or credit union, by any notary public, who was a member, shareholder, appointive officer, agent, or employee of the insurance company or credit union, and not a director or elected officer thereof, shall be deemed to be lawful, valid, and binding.

Source:R.S.1866, c. 43, § 3, p. 280; R.S.1913, § 6198; C.S.1922, § 5597; C.S.1929, § 76-203; R.S.1943, § 76-217; Laws 1947, c. 244, § 1, p. 768; Laws 1959, c. 347, § 1, p. 1233; R.R.S.1943, § 76-217.03; Laws 1976, LB 622, § 4; Laws 2002, LB 1094, § 16.

64-214. Acknowledgments of written instruments; bank; oath; authorized; prior acknowledgments validated.

(1) It is lawful for any stockholder, director, officer, employee, or agent of a bank, who is a notary public, to take the acknowledgment of any person to any written instrument given to or by the bank and to administer an oath to any other stockholder, director, officer, employee, or agent of the bank.

(2) Acknowledgments heretofore taken of any person to any written instrument given to or by a bank or any oath administered to any stockholder, director, officer, employee, or agent of a bank by any notary public who was a stockholder, director, officer, employee, or agent of the bank shall be deemed to be lawful, valid, and binding.

Source:Laws 1957, c. 316, § 1, p. 1134; R.R.S.1943, § 76-217.04; Laws 1976, LB 622, § 5; Laws 2008, LB851, § 26.

64-215. Acknowledgments of written instruments; savings and loan association; oath; authorized; prior acknowledgments validated.

It is lawful for any shareholder, director, employee, agent, or any elected or appointed officer of a savings and loan association, who is a notary public, (1) to take the acknowledgment of any person to any written instrument given to or by the savings and loan association and (2) to administer an oath to any other shareholder, director, officer, employee, or agent of the savings and loan association. Acknowledgments heretofore taken of any person to any written instrument given to or by a savings and loan association, or any oath administered to any shareholder, director, employee, agent, or elected or appointed officer of a savings and loan association by any notary public who was a shareholder, director, employee, agent, or any elected or appointed officer of the savings and loan association, shall be deemed to be lawful, valid, and binding.

Source:Laws 1957, c. 315, § 1, p. 1132; R.R.S.1943, § 76-217.05; Laws 1976, LB 622, § 6; Laws 2003, LB 131, § 33.

64-301. Act, how cited.

Sections 64-301 to 64-317 shall be known and may be cited as the Electronic Notary Public Act.

Source:Laws 2016, LB465, § 1.

64-302. Terms, defined.

For purposes of the Electronic Notary Public Act:

(1) Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;

(2) Electronic document means information that is created, generated, sent, communicated, received, or stored by electronic means;

(3) Electronic notarial act means an official act by an electronic notary public that involves electronic documents;

(4) Electronic notary public means a notary public registered with the Secretary of State that has the capability of performing electronic notarial acts in conformance with the Electronic Notary Public Act;

(5) Electronic notary seal means information within a notarized electronic document that includes the notary public's name, jurisdiction, and commission expiration date and generally corresponds to the data in notary seals used on paper documents;

(6) Electronic notary solution provider means a provider of any electronic notary seals or electronic signatures;

(7) Electronic signature means an electronic symbol or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the document; and

(8) Notary public's electronic signature means an electronic signature which has been approved by the Secretary of State in rules and regulations adopted and promulgated under section 64-316 as an acceptable means for an electronic notary public to attach or logically associate the notary public's official signature to an electronic document that is being notarized.

Source:Laws 2016, LB465, § 2.

64-303. Eligibility to register as electronic notary public; Secretary of State; powers.

(1) 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

(2) The Secretary of State shall not accept the registration if the requirements of subsection (1) of this section are not met.

Source:Laws 2016, LB465, § 3.

64-304. Registration; renewal.

(1) 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.

(2) 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.

(3) The term of registration as an electronic notary public shall coincide with the term of the commission of the notary public.

(4) 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.

Source:Laws 2016, LB465, § 4.

64-305. Course of instruction; examination.

(1) 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.

(2) The content of the course and the basis for the examination shall include notarial laws, procedures, technology, and the ethics of electronic notarization.

Source:Laws 2016, LB465, § 5.

64-306. Fee.

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 Secretary of State Cash Fund for use in administering the Electronic Notary Public Act.

Source:Laws 2016, LB465, § 6; Laws 2020, LB910, § 23.

64-307. Type of electronic notarial acts authorized.

The following types of electronic notarial acts may be performed by an electronic notary public:

(1) Acknowledgments;

(2) Jurats;

(3) Verifications or proofs; and

(4) Oaths or affirmations.

Source:Laws 2016, LB465, § 7.

64-308. Signer of document; requirements.

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.

Source:Laws 2016, LB465, § 8.

64-309. Performance of electronic notarial act; components.

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.

Source:Laws 2016, LB465, § 9.

64-310. Notary public's electronic signature and electronic notary seal; use; maintenance of records; notification to Secretary of State of theft or vandalism.

(1) A notary public’s electronic signature in combination with the electronic notary seal shall be used only for the purpose of performing an electronic notarial act.

(2) An electronic notary public shall safeguard his or her electronic signature, electronic notary seal, and all other notarial records. Notarial records shall be maintained by the electronic notary public, and the electronic notary public shall not surrender or destroy the records except as required by a court order or as allowed under rules and regulations adopted and promulgated by the Secretary of State.

(3) When not in use, the electronic notary public shall keep his or her electronic signature, electronic notary seal, and all other notarial records secure, under his or her exclusive control, and shall not allow them to be used by any other notary public or any other person.

(4) Within ten days after discovering that his or her electronic notary seal or electronic signature has been stolen, lost, damaged, or otherwise rendered incapable of being attached to or logically associated with an electronic document, an electronic notary public shall notify the Secretary of State and appropriate law enforcement agency in the case of theft or vandalism.

Source:Laws 2016, LB465, § 10.

64-311. Registration expiration, resignation, cancellation, or revocation; death of notary public; duties.

(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.

Source:Laws 2016, LB465, § 11.

64-312. Electronic evidence of authenticity of notary public's electronic signature and electronic notary seal; form.

Electronic evidence of the authenticity of the notary public’s electronic signature and electronic notary seal of an electronic notary public of this state, if required, shall be attached to, or logically associated with, a document with a notary public’s electronic signature transmitted to another state or nation and shall be in the form of an electronic certificate of authority signed by the Secretary of State in conformance with any current and pertinent international treaties, agreements, and conventions subscribed to by the United States Government.

Source:Laws 2016, LB465, § 12.

64-313. Electronic certificate of authority; contents; fee.

(1) An electronic certificate of authority evidencing the authenticity of the notary public's electronic signature and electronic notary seal of an electronic notary public of this state shall contain substantially the following words:

Certificate of Authority for an Electronic Notarial Act

I ................... (name, title, jurisdiction of commissioning official) certify that .................... (name of electronic notary public), the person named as an electronic notary public in the attached or associated document, was indeed registered as an electronic notary public for the State of Nebraska and authorized to act as such at the time of the document's electronic notarization. To verify this Certificate of Authority for an Electronic Notarial Act, I have included herewith my electronic signature this .................... day of ...................., 20.................... .

(Electronic signature (and seal) of commissioning official)

(2) The Secretary of State may charge a fee of twenty dollars for issuing an electronic certificate of authority. The Secretary of State shall remit the fees to the State Treasurer for credit to the Secretary of State Cash Fund.

Source:Laws 2016, LB465, § 13; Laws 2020, LB910, § 24.

64-314. Violations of act.

A person violating the Electronic Notary Public Act is subject to having his or her registration removed under the removal procedures provided in section 64-113.

Source:Laws 2016, LB465, § 14.

64-315. Notary public not required to register.

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.

Source:Laws 2016, LB465, § 15.

64-316. Rules and regulations.

The Secretary of State may adopt and promulgate rules and regulations to insure the integrity, security, and authenticity of electronic notarizations in accordance with the Electronic Notary Public Act. Such rules and regulations shall include procedures for the approval of electronic notary solution providers by the Secretary of State. In addition, the Secretary of State may require an electronic notary public to create and to maintain a record, journal, or entry of each electronic notarial act.

Source:Laws 2016, LB465, § 16.

64-317. Other laws applicable.

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.

Source:Laws 2016, LB465, § 17.

Cross References

Uniform Recognition of Acknowledgments Act, see section 64-209.

64-401. Act, how cited.

Sections 64-401 to 64-420 shall be known as the Online Notary Public Act.

Source:Laws 2019, LB186, § 1; Laws 2021, LB94, § 1.

64-402. Terms, defined.

For purposes of the Online Notary Public Act:

(1) 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;

(2) 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;

(3) Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;

(4) Electronic document means information that is created, generated, sent, communicated, received, or stored by electronic means;

(5) Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the electronic document;

(6) 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;

(7) 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;

(8) Online notarial certificate means the portion of a notarized electronic document that is completed by an online notary public and that contains the following:

(a) The online notary public's electronic signature, online notary seal, title, and commission expiration date;

(b) Other required information concerning the date and place of the online notarial act; and

(c) The completed wording of one of the following notarial certificates: (i) Acknowledgment, (ii) jurat, (iii) verification of proof, or (iv) oath or affirmation;

(9) Online notary public means a notary public registered with the Secretary of State who has the authority to perform online notarial acts under the Online Notary Public Act;

(10) Online notary seal means information within a notarized electronic document that confirms the online notary public's name, jurisdiction, identifying number, and commission expiration date and generally corresponds to the data in notary seals used on paper documents;

(11) Online notary solution provider means a provider of any credential analysis, identity proofing, online notary seals, electronic signatures, or communication technology;

(12) Personal knowledge 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;

(13) Principal means an individual:

(a) Whose electronic signature is notarized in an online notarial act; or

(b) Taking an oath or affirmation from the online notary public other than in the capacity of a witness for the online notarial act; and

(14) 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.

Source:Laws 2019, LB186, § 2.

64-403. Eligibility to register as online notary public; qualifications.

(1) 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 section 64-404; and

(2) The Secretary of State shall not accept the registration if the requirements of subsection (1) of this section are not met.

Source:Laws 2019, LB186, § 3.

64-404. Course of instruction; examination.

(1) Before registering as an online notary public, a notary public shall take a course of instruction and pass an examination approved by the Secretary of State. The course of instruction and examination shall be approved by the Secretary of State by July 31, 2020.

(2) The content of the course and the basis for the examination shall include notarial laws, procedures, technology, and the ethics of performing online notarial acts.

Source:Laws 2019, LB186, § 4.

64-405. Fee.

The fee for registering or renewing a registration as an online notary public 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 Online 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 Secretary of State Cash Fund for use in administering the Online Notary Public Act.

Source:Laws 2019, LB186, § 5; Laws 2020, LB910, § 25.

64-406. Registration with Secretary of State; contents; renewal.

(1) 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.

(2) 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

(3) The term of registration as an online notary public shall coincide with the term of the commission of the notary public.

(4) 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.

(5) 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.

Source:Laws 2019, LB186, § 6.

64-407. Rules and regulations.

(1) The Secretary of State shall adopt and promulgate rules and regulations:

(a) Creating standards for online notarial acts in accordance with the Online Notary Public Act, including standards for credential analysis, identity proofing, and communication technology used for online notarial acts; and

(b) To ensure the integrity, security, and authenticity of online notarial acts in accordance with the Online Notary Public Act. Such rules and regulations shall include procedures for the approval of online notary solution providers by the Secretary of State.

(2) The Secretary of State may adopt and promulgate rules and regulations to facilitate the utilization of online notarial acts.

Source:Laws 2019, LB186, § 7.

64-408. Types of online notarial acts.

The following types of online notarial acts may be performed by an online notary public:

(1) Acknowledgments;

(2) Jurats;

(3) Verifications or proofs; and

(4) Oaths or affirmations.

Source:Laws 2019, LB186, § 8.

64-409. Electronic record; contents; online notary public; duties; retention period.

(1) An online notary public shall keep a secure electronic record of electronic documents notarized by the online notary public. For each online notarial act, the electronic record shall contain:

(a) The date and time of the online notarial act;

(b) The type of online notarial act;

(d) The printed name and address of each principal involved in the transaction or proceeding;

(e) Evidence of identity of each principal involved in the transaction or proceeding in the form of:

(i) A statement that the principal is personally known to the online notary public;

(ii) A notation of the type of identification document provided to the online notary public;

(iii) A record of the identity verification made under section 64-411; or

(iv) The following:

(A) The printed name and address of each credible witness swearing to or affirming the principal's identity; and

(B) For each credible witness not personally known to the online notary public, a description of the type of identification documents provided to the online notary public;

(f) A recording of any video and audio conference of the performance of the online notarial act, which shall not contain images of the documents that were notarized; and

(g) The fee, if any, charged for the online notarial act.

(2) The online notary public shall take reasonable steps to:

(a) Ensure the integrity, security, and authenticity of online notarial acts;

(b) Maintain a backup for the secure electronic record required by this section; and

(3) The electronic record and backup record required by this section shall be maintained for at least ten years after the date of the transaction or proceeding. The online notary public shall not surrender or destroy the record except as required by a court order or as allowed under rules and regulations adopted and promulgated by the Secretary of State.

Source:Laws 2019, LB186, § 9.

64-410. Electronic signature and online notary seal; use; registered device; report of theft or vandalism.

(1) An online notary public's electronic signature in combination with the online notary seal shall be used only for the purpose of performing online notarial acts.

(2) An online notary public shall take reasonable steps to ensure that any registered device used to create an electronic signature is current and has not been revoked or terminated by the device's issuing or registering authority.

(3) An online notary public shall keep secure and under his or her exclusive control: The online notary public's electronic signature, online notary seal, and the electronic record and backup record required under section 64-409. The online notary public shall not allow another person to use the online notary public's electronic signature, online notary seal, or electronic record or backup record.

(4) An online notary public shall immediately notify an appropriate law enforcement agency and the Secretary of State of the theft or vandalism of the online notary public's electronic signature, online notary seal, or the electronic record or backup record required under section 64-409. An online notary public shall immediately notify the Secretary of State of the loss or use by another person of the online notary public's electronic signature, online notary seal, or the electronic record or backup record required under section 64-409.

Source:Laws 2019, LB186, § 10.

64-411. Physical location of principal; verification of identity; manner; security of communication technology; online notarial certificate; notation required.

(1) An online notary public may perform an online notarial act authorized under 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.

(2) 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.

(3) 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.

(4) An online notary public shall attach the online notary public's electronic signature and online notary seal to the online notarial certificate of an electronic document in a manner that is capable of independent verification and that renders evident any subsequent change or modification to the electronic document.

(5) The online notarial certificate for an online notarial act must include a notation that the notarial act is an online notarial act.

Source:Laws 2019, LB186, § 11.

64-412. Fee.

In addition to any fee authorized under section 33-133, an online notary public or his or her employer may charge a fee in an amount not to exceed twenty-five dollars for each online notarial act.

Source:Laws 2019, LB186, § 12.

64-413. Expiration of registration; resignation, cancellation, or revocation; death of online notary public; required actions.

(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.

Source:Laws 2019, LB186, § 13.

64-414. Prohibited acts; penalty.

A person who, without authorization, knowingly obtains, conceals, damages, or destroys the coding, disk, certificate, card, software, file, password, program, or hardware enabling an online notary public to affix an official electronic signature or online notary seal shall be guilty of a Class I misdemeanor.

Source:Laws 2019, LB186, § 14.

64-415. Electronic certificate of authority; form; fee.

(1) Electronic evidence of the authenticity of the electronic signature and online notary seal of an online notary public of this state, if required, shall be attached to, or logically associated with, a document with an online notary public's electronic signature transmitted to another state or nation and shall be in the form of an electronic certificate of authority signed by the Secretary of State in conformance with any current and pertinent international treaties, agreements, and conventions subscribed to by the United States Government.

(2) An electronic certificate of authority evidencing the authenticity of the electronic signature and online notary seal of an online notary public of this state shall contain substantially the following words:

Certificate of Authority for an Online Notarial Act

I ................... (name, title, jurisdiction of commissioning official) certify that .................... (name of online notary public), the person named as an online notary public in the attached or associated document, was indeed registered as an online notary public for the State of Nebraska and authorized to act as such at the time of the document's electronic notarization. To verify this Certificate of Authority for an Online Notarial Act, I have included herewith my electronic signature this .................... day of ...................., 20..................... .

(Electronic signature (and seal) of commissioning official)

(3) The Secretary of State may charge a fee of twenty dollars for issuing an electronic certificate of authority. The Secretary of State shall remit the fees to the State Treasurer for credit to the Secretary of State Cash Fund for use in administering the Online Notary Public Act.

Source:Laws 2019, LB186, § 15; Laws 2020, LB910, § 26.

64-416. Violation of act; removal of registration.

A person violating the Online Notary Public Act is subject to having his or her registration removed under the removal procedures provided in section 64-113.

Source:Laws 2019, LB186, § 16.

64-417. Effect of act on notary public that does not perform online notarial acts.

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.

Source:Laws 2019, LB186, § 17.

64-418. Provisions governing online notary public; online notarial act; not available for certain requirements.

(1) 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.

(2) 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.

(3) The Electronic Notary Public Act does not apply to online notarial acts or online public notaries acting under the Online Notary Public Act.

Source:Laws 2019, LB186, § 18.

Cross References

Electronic Notary Public Act, see section 64-301.

Uniform Recognition of Acknowledgments Act, see section 64-209.