This guidance document is advisory in nature but is binding on an agency until amended by such agency. A guidance document does not include internal procedural documents that only affect the internal operations of the agency and does not impose additional requirements or penalties on regulated parties or include confidential information or rules and regulations made in accordance with the Administrative Procedure Act. If you believe that this guidance document imposes additional requirements or penalties on regulated parties, you may request a review of the document.
1. Can I notarize the signature of a relative?
By law, you may not notarize a document signed by any of the following: your parents, grandparents, children, grandchildren, spouse, brothers or sisters. This includes in-laws, step, or half relatives.
In additional, except as provided in 64-211to 64-215, a notary may not notarize a document if the notary has a financial or beneficial interest in the transaction other than receipt of the ordinary notarial fee or is named as a party to the transaction.
2. Do I need to include my commission expiration date on my Notary Seal?
Yes, all notaries must include their commission expiration date on their notary seal.
You must use an ink stamp seal engraved with the following:
3. If a document to be notarized does not have an 'affix seal here' notation, where is the best place to stamp my Seal?
4. Must the attestation clause and notarization appear on the same page as the principal's signature?
Ideally, both the attestation clause and notarization would appear on the same page; however, it is not required by law.
5. If a document to be notarized does not have an attestation clause and there is not sufficient room on the form to add it, how should I notarize the document?
An attestation clause may be typed on a separate piece of paper and then signed, notarized, and stapled to the document presented for notarization.
6. 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.
7. I was recently married and need to know how to change my name on my Notary Commission.
8. What should I do if a document is brought to me by the principal and the principal has already signed it?
9. Will you please list the methods to identify someone whose signature we will be notarizing?
The principal must be identified through “Satisfactory Evidence”:
10. A document was prepared in another state and sent to our client here in Nebraska to be notarized. Since the document originated in another state, the venue (location) in the attestation clause section of the document was pre-filled. What is the proper way to correct this?
The notary should cross through the error, in this case the incorrect name of the state, and write in Nebraska and the county where the notarization takes place. NEVER use correction fluid or tape to correct errors appearing on a document to be notarized.
11. When I resigned from my job, my previous employer kept my Notary Seal and Certificate because my employer 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. We can issue you a new commission certificate for your records and you may purchase a new Notary Seal to use when notarizing. The fee for a replacement copy of the commission certificate is $15.00.
12. Can I notarize the signature of a minor?
The law does not prohibit notarizing a document signed by a minor; however, you should be cautious because a minor may not understand the document they are signing. You would still need satisfactory evidence of identification as discussed above in FAQ #9.
13. Can I notarize my own signature?
No, A Notary may not notarize their own signature!
14. Am I required to maintain a journal? If so, where might I purchase a journal?
Notary journals are not required under Nebraska law; however, we highly recommend that you do use a journal. You can purchase a journal from your local office supply store or use the example journal on our website: http://www.sos.state.ne.us/business/notary/pdf/journal.pdf.
15. What should I put in the venue (State of ….County of….) section at the top of the notarial certificate?
This section is for the venue (or location) where the notarization actually took place. So, if you are notarizing a document in Lincoln, Nebraska, you would fill in the venue section of the notarial certificate with the following: State of Nebraska, County of Lancaster. If the venue section is already completed before your receive the document, you should cross through the State and County information if it is incorrect and write in the correct information.
16. Is a Notary Public required to read the document to be notarized or offer advice about the content of the document?
No, A Notary is not required to read the document and may not offer advice about the legality of the document. Nor should you prepare or complete documents unless you are an attorney or professional in a relevant area of expertise. You should point out blanks to the principal (person signing the document) and explain that others could complete them after the notarizing without permission. If you keep a journal, note how the principal decided to deal with them.
If you have further questions, please contact us by email at firstname.lastname@example.org or call (402) 471-2558.