64-101. Appointment; qualifications; term. (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 […]
64-101.01. Written examination required. 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, 2004, shall be required to take and […]
64-102. Commission; how obtained; bond. 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 of […]
64-103. Commission; signature; seal; filing and approval of bond; delivery. 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 […]
64-104. Notary public; commission; renewal; procedure. 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 […]
64-105. Notarial acts prohibited; when. (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 […]
64-105.01. Notary public; disqualified; when. 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 pursuant to sections 64-211 […]
64-105.02. Notarization; when. (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; (c) The […]
64-105.03. Notary public; unauthorized practice of law; prohibited. (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 […]
64-105.04. Change of residence; duties. 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 the commission expires, […]
64-107. Powers and duties; certificate or records; receipt in evidence. 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 recorded […]
64-107.01. Oaths and affirmations. Oaths and affirmations may be administered, in all cases whatsoever, by notaries public. Source R.S.1866, p. 274; Laws 1909, c. 92, § 1, p. 388; R.S.1913, § 5530; C.S.1922, § 4826; C.S.1929, § 65-101; R.S.1943, § 65-101; Laws 1951, c. 207, § 1, p. 768; Laws 1972, LB 1032, § 266; […]
64-108. Summons; issuance, when authorized. 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 […]
64-109. Civil liability of notary public; actions. 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, […]
64-112. Removal from state; termination; notice to Secretary of State. 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. Source Laws 1869, § 12, p. 25; G.S.1873, p. 496; Laws 1883, c. 58, § 2, p. […]
64-113. Removal; grounds; procedure; penalty. (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 Secretary of State […]
64-114. Change of name; continue to act. 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 […]
64-116. Transferred to section 64-104.
64-118. Seal; engraved or ink stamp; adopt; use. 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 stamp seals […]
64-119. Rules and regulations. 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. Source Laws 2012, LB398, § 7.
