To become a Nebraska notary public, a person must:
- Be 19 years old or older
- Be a resident of the State of Nebraska or a non-resident who resides in a state that borders the State of Nebraska and is employed or has a regular place of work or business in Nebraska
- Not have been convicted of a felony or crime involving fraud or dishonesty within the last five years
In order to receive a Nebraska notary public commission, a person must:
- Meet the eligibility requirements
- Pass a written take-home test available through the Secretary of State
- Submit an Initial Application for Notary Commission, a U.S. Citizenship Attestation Form, a $15,000 surety bond, and a $30 filing fee
- Click here to download the Secretary of State forms -
Non-Resident Nebraska Notaries:
Permitted. A non-resident may become a Nebraska notary public if he or she lives in Colorado, Iowa, Kansas, Missouri, South Dakota, or Wyoming and maintains a regular place of work or business in Nebraska. Non-resident applicants must complete and submit the Evidence of Employment Form with their initial application. If a non-resident notary public is terminated from his or her regular place of work or business in Nebraska, the notary must relinquish his or her notary commission by returning the commission certificate and notary seal to the Secretary of State.
Nebraska Notary Bond:
A $15,000 notary bond is required for new and renewing notaries.
Notary Errors & Omissions Insurance:
Optional. A notary public is liable to any person for damages that result from the notary’s official misconduct. The American Association of Notaries highly recommends that Nebraska notaries public insure themselves against claims of negligence through the Notary Errors and Omissions insurance.
A $30 filing fee is required for new and renewal notary applications.
Nebraska Notary Term:
Notary Commission Renewal:
A notary public may renew his or her notary commission by applying 30 days before the expiration of his or her current notary commission. Notaries who fail to renew prior to their notary expiration dates are required to take the take-home exam again.
Required. Prior to the issuance of a notary public commission, applicants are required to pass a written take-home test available and administered through the Secretary of State consisting of laws, procedures, and ethics relating to the office of notary public. If the applicant fails to pass the first two tests, the applicant must wait six months before requesting the third and final exam. The passing exam score can be used to apply for a notary commission within two years.
Nebraska Notary Stamp/Notary Seal:
Type – inked stamp seal
Required elements - the notary’s commissioned name, the commission expiration date, and the words “State of Nebraska,” “General Notary,” or “General Notarial.”
None Required. It is strongly recommended by the Nebraska Secretary of State and the American Association of Notaries that Nebraska notaries record the performance of every notarial act in a notary journal. For Nebraska notary supplies, please contact the American Association of Notaries by calling (800) 721-2663 or visiting our website at www.usnotaries.com
Notary fees are set by state law. A notary public is allowed to charge:
- Acknowledgments - $5.00
- Administering oaths or affirmations - $2.00
- Each certificate and seal - $5.00
- Affidavits - $2.00
- Each notice of protest - $2
- Each mile traveled - use the rate established by the Department of Administrative Services
A notary may not charge a fee for notarizing an absentee ballot.
A Nebraska notaries public have the authority to:
- Take acknowledgments
- Administer oaths and affirmations
- Take proofs of executions
- Exercise and perform such other powers and duties as authorized by state law
Not Permitted. The “Notary Bulletin—Summer 2012, specifically, states that a Nebraska notary public may not electronically or digitally notarize a document. The State of Nebraska has not enacted/adopted statutes, rules, and/or procedures for electronic notarizations.
Required. A notary public must notify the Secretary of State of any change of residence no later than 45 days after such a change by submitting the “Notary Public Request to Change Record” form. Click here to download the form: http://www.sos.ne.gov/business/notary/index.html
Optional. A notary public may continue to use the name on file with the Secretary of State. If a notary intends to notarize documents using his or her new name, however, the notary must submit a “Notary Public Request to Change Record” form along with a fee of $30. A bond rider under the new name must also accompany the form. Click here to download the form: http://www.sos.ne.gov/business/notary/index.html
Every notary public moving from the state of Nebraska shall notify the Secretary of State, which will terminate his or her term of office.
If a notary public commits malfeasance in office, or fails to follow the requirements and procedures for notarial acts, or is convicted of a felony or other crime involving fraud or dishonesty, the Secretary of State may revoke the notary’s commission temporarily or permanently. A notary whose commission has been revoked must return his or her notary public commission and seal to the Secretary of State within fifteen days. The failure to deposit the notary commission and seal with the Secretary of State will subject the notary to a penalty of $1,000 to be recovered in the name of the state. A notary public so removed from office will be forever disqualified from holding the office of notary public.
A notary public may not:
- Prepare, draft, select, or give advice concerning legal documents
- 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
- Perform acts that constitute the practice of law
- Use the phrase “notario” or “notario publico” to advertise notary services
- Overcharge for notary services
- Determine the type of notarial act or certificate to be used when a document does not contain one
- Notarize without the signer being present at the time of the performance of the notarial act
- Notarize his or her own signature
- Notarize a document that contains blanks
- Make a materially false statement on the notary application
- Permit another person to use his or her official notary seal
- Notarize for a spouse, ancestor, descendant, or sibling, including in-law, step, or half relatives
- Sign under any other name than the one under which he or she was commissioned
- Affix his or her notary signature and seal to a document that does not contain an attestation clause
- Use a rubber stamp to affix his or her signature when notarizing
- Notarize signatures for minor children (however, there are exceptions)
- Perform marriage ceremonies
- Notarize a document if he or she has a financial or beneficial interest in the transaction or is a party to the transaction
- Notarize a document if he or she does not understand the acknowledgment or notarial certificate used on the document to be signed or executed
A notary public who commits official misconduct may be subject to civil and criminal liability, which may include the revocation of his or her notary public commission by the Secretary of State.
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