Chapter 64 — NOTARIES PUBLIC
77 sections in this chapter.
Neb. Rev. Stat. § 64-311 Registration expiration, resignation, cancellation, or revocation; death of notary public; duties.
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(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, fi…
Neb. Rev. Stat. § 64-312 Electronic evidence of authenticity of notary public's electronic signature and electronic notary seal; form.
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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 tra…
Neb. Rev. Stat. § 64-313 Electronic certificate of authority; contents; fee.
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(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 N…
Neb. Rev. Stat. § 64-314 Violations of act.
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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.
Neb. Rev. Stat. § 64-315 Notary public not required to register.
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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.
Neb. Rev. Stat. § 64-316 Rules and regulations.
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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 elect…
Neb. Rev. Stat. § 64-317 Other laws applicable.
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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 Ac…
Neb. Rev. Stat. § 64-401 Act, how cited.
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Sections 64-401 to 64-420 shall be known as the Online Notary Public Act.
Neb. Rev. Stat. § 64-402 Terms, defined.
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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 …
Neb. Rev. Stat. § 64-403 Eligibility to register as online notary public; qualifications.
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(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 (c) Pay the fee required under section 64-405. (2) The Secretary of Sta…
Neb. Rev. Stat. § 64-404 Course of instruction; examination.
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(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 conten…
Neb. Rev. Stat. § 64-405 Fee.
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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 N…
Neb. Rev. Stat. § 64-406 Registration with Secretary of State; contents; renewal.
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(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 t…
Neb. Rev. Stat. § 64-407 Rules and regulations.
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(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 onli…
Neb. Rev. Stat. § 64-408 Types of online notarial acts.
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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.
Neb. Rev. Stat. § 64-409 Electronic record; contents; online notary public; duties; retention period.
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(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 ac…
Neb. Rev. Stat. § 64-410 Electronic signature and online notary seal; use; registered device; report of theft or vandalism.
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(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 elec…
Neb. Rev. Stat. § 64-411 Physical location of principal; verification of identity; manner; security of communication technology; online notarial certificate; notation required.
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(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…
Neb. Rev. Stat. § 64-412 Fee.
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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.
Neb. Rev. Stat. § 64-413 Expiration of registration; resignation, cancellation, or revocation; death of online notary public; required actions.
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(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…
Neb. Rev. Stat. § 64-414 Prohibited acts; penalty.
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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 gui…
Neb. Rev. Stat. § 64-415 Electronic certificate of authority; form; fee.
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(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 …
Neb. Rev. Stat. § 64-416 Violation of act; removal of registration.
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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.
Neb. Rev. Stat. § 64-417 Effect of act on notary public that does not perform online notarial acts.
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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.
Neb. Rev. Stat. § 64-418 Provisions governing online notary public; online notarial act; not available for certain requirements.
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(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 contro…
Neb. Rev. Stat. § 64-419 Online notarial act; validity.
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No otherwise valid online notarial act performed on or after April 2, 2020, and before July 1, 2020, pursuant to the Governor's Executive Order No. 20-13, dated April 1, 2020, shall be invalidated because such act was performed prior to the operative date of Laws 2019, LB186.
Neb. Rev. Stat. § 64-420 Deed, mortgage, trust deed, other instrument in writing; online notarial act; validity.
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No deed, mortgage, trust deed, or other instrument in writing for the conveyance or encumbrance of real estate, or any interest therein, shall be invalidated because it involved the performance of an online notarial act on or after April 2, 2020, and before July 1, 2020, pursuant…