Chapter 64 — NOTARIES PUBLIC
77 sections in this chapter.
Neb. Rev. Stat. § 64-101 Appointment; qualifications; term.
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(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…
Neb. Rev. Stat. § 64-101.01 Written examination required.
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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, 200…
Neb. Rev. Stat. § 64-102 Commission; how obtained; bond.
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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 …
Neb. Rev. Stat. § 64-103 Commission; signature; seal; filing and approval of bond; delivery.
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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 …
Neb. Rev. Stat. § 64-104 Notary public; commission; renewal; procedure.
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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 …
Neb. Rev. Stat. § 64-105 Notarial acts prohibited; when.
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(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 no…
Neb. Rev. Stat. § 64-105.01 Notary public; disqualified; when.
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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 purs…
Neb. Rev. Stat. § 64-105.02 Notarization; when.
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(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…
Neb. Rev. Stat. § 64-105.03 Notary public; unauthorized practice of law; prohibited.
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(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 not…
Neb. Rev. Stat. § 64-105.04 Change of residence; duties.
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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 th…
Repealed. Laws 1969, c. 523, § 11.
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[Repealed or reserved.]
Neb. Rev. Stat. § 64-107 Powers and duties; certificate or records; receipt in evidence.
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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 rec…
Neb. Rev. Stat. § 64-107.01 Oaths and affirmations.
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Oaths and affirmations may be administered, in all cases whatsoever, by notaries public.
Neb. Rev. Stat. § 64-108 Summons; issuance, when authorized.
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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 b…
Neb. Rev. Stat. § 64-109 Civil liability of notary public; actions.
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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…
Repealed. Laws 1945, c. 145, § 15.
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[Repealed or reserved.]
Repealed. Laws 1967, c. 396, § 11.
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[Repealed or reserved.]
Neb. Rev. Stat. § 64-112 Removal from state; termination; notice to Secretary of State.
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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.
Neb. Rev. Stat. § 64-113 Removal; grounds; procedure; penalty.
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(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 Secret…
Neb. Rev. Stat. § 64-114 Change of name; continue to act.
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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…
Repealed. Laws 1982, LB 592, § 2.
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[Repealed or reserved.]
Transferred to section 64-104.
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[Repealed or reserved.]
Repealed. Laws 1982, LB 592, § 2.
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[Repealed or reserved.]
Neb. Rev. Stat. § 64-118 Seal; engraved or ink stamp; adopt; use.
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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 stam…
Neb. Rev. Stat. § 64-119 Rules and regulations.
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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.
Neb. Rev. Stat. § 64-201 Notarial acts, defined; performed; effect.
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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 e…
Neb. Rev. Stat. § 64-202 Notarial act; performance; proof of authority; maintenance of records.
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(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 s…
Neb. Rev. Stat. § 64-203 Certificate; contents.
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(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…
Neb. Rev. Stat. § 64-204 Certificate of acknowledgment; form; acceptance.
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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…
Neb. Rev. Stat. § 64-205 Acknowledgment, defined.
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(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; (c) That, in the case of: (i) A natural person, he or she executed the instrument…
Neb. Rev. Stat. § 64-206 Statutory short forms of acknowledgment; use of other forms.
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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 …
Neb. Rev. Stat. § 64-207 Prior notarial acts; effect.
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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 ac…
Neb. Rev. Stat. § 64-208 Sections, how interpreted.
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Sections 64-201 to 64-210 shall be so interpreted as to make uniform the laws of those states which enact them.
Neb. Rev. Stat. § 64-209 Act, how cited.
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Sections 64-201 to 64-210 may be cited as the Uniform Recognition of Acknowledgments Act.
Neb. Rev. Stat. § 64-210 Ink stamp seal; contents.
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(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, a…
Neb. Rev. Stat. § 64-211 Acknowledgment of written instrument; attorneys; real estate broker or salesman; oath; authorized; prior acknowledgments validated.
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(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…
Neb. Rev. Stat. § 64-212 Acknowledgment of written instrument; insurance company; credit union; oath; authorized.
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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 insuranc…
Neb. Rev. Stat. § 64-213 Acknowledgments of written instruments; insurance company; credit union; oath; prior acknowledgments validated.
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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 u…
Neb. Rev. Stat. § 64-214 Acknowledgments of written instruments; bank; oath; authorized; prior acknowledgments validated.
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(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, employe…
Neb. Rev. Stat. § 64-215 Acknowledgments of written instruments; savings and loan association; oath; authorized; prior acknowledgments validated.
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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 (…
Neb. Rev. Stat. § 64-301 Act, how cited.
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Sections 64-301 to 64-317 shall be known and may be cited as the Electronic Notary Public Act.
Neb. Rev. Stat. § 64-302 Terms, defined.
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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, communicate…
Neb. Rev. Stat. § 64-303 Eligibility to register as electronic notary public; Secretary of State; powers.
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(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 (c) Pay the fee required under section 64-306. (2) The Secretary of…
Neb. Rev. Stat. § 64-304 Registration; renewal.
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(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.…
Neb. Rev. Stat. § 64-305 Course of instruction; examination.
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(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 th…
Neb. Rev. Stat. § 64-306 Fee.
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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 Pub…
Neb. Rev. Stat. § 64-307 Type of electronic notarial acts authorized.
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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.
Neb. Rev. Stat. § 64-308 Signer of document; requirements.
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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 th…
Neb. Rev. Stat. § 64-309 Performance of electronic notarial act; components.
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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 nota…
Neb. Rev. Stat. § 64-310 Notary public's electronic signature and electronic notary seal; use; maintenance of records; notification to Secretary of State of theft or vandalism.
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(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 …