Articles

Notary Public Law Changes

On July 16, 2004, revisions to state law regarding notaries became effective. The revisions include:

1. A written test must be administered to applicants before they can become a notary public. In addition, the law prohibits anyone who has been convicted of a felony or a crime involving fraud or dishonesty from becoming a notary public.

2. A bond in the amount of $15,000 must be paid.

3. There is a revision in the notarial act. A notary public cannot perform the notarial act if the signator is not in the presence of the notary. In addition, a notary cannot perform the notarial act if the signator is not personally known or identified by the notary. Proof of identity shall include presenting at least one document issued by a governmental agency that bears a photograph and description of the signator or an affirmation of the identify of the signator by at least one credible witness unaffected by the document to be notarized.

4. A notary cannot perform the notarial act if he or she may have a conflict of interest. That includes performing the notarial act if they are a party to the document, if they will receive direct or indirect commission or fee not otherwise permitted (this excludes licensed or regulated professional organizations such as real estate brokers or attorneys), or as a spouse or relative to the signator.

5. A notary can certify a signature by a mark when the signator is unable to sign by reason of physical incapacitation. A notary public may certify the mark instead of a signature if it is completed in front of the notary public and two witnesses unaffected by the document. The certification must be noted as an acknowledgment, then the notary public signs the person’s name in the presence of the person and the witnesses. The witnesses then sign their own name beside the signature and the notary public writes below the signature, "signature affixed by notary public in the presence of (witnesses’ names and addresses)."

6. Notaries cannot engage in the unauthorized practice of law.Certain circumstances that would be considered as an unauthorized practice of law are set forth. The law requires notaries to inform the Secretary of State when they change address.

7. The Nebraska Secretary of State, and not the Governor, is now in charge of the administration of notaries as they had previously shared that responsibility.