Cheat sheet

Nebraska Notary Public Cheat Sheet

Quick Facts

Exam
20 questions
Pass
85% (17 of 20)
Attempts
3, then ineligible
Score valid
90 days
Delivery
Online via ClassMarker
Bond
$15,000 surety
Term
4 years
Filing fee
$30
Minimum age
19 years
Administrator
Nebraska Secretary of State
Governing law
Neb. Rev. Stat. Chapter 64
Journal
Not required in person

Nebraska Number Line

19 age, 20 questions, 85%, 4 years

19: minimum age20: exam questions85%: passing score4: year term$30: filing fee

Renew vs Reapply

Renew

  • Only 30 days prior
  • New bond and seal
  • No new exam

Reapply

  • Any day after expiring
  • Retake the exam
  • New bond and seal

Before expiry vs after

Commission Problem Picker

  1. Expires in 20 daysRenew now(Bond, fee, seal)
  2. Expired yesterdayApply as new(Exam again)
  3. Moved within NebraskaNotify within 45 days
  4. Moved out of NebraskaTerm terminates
  5. Legal name changedOld name until expiration
  6. Seal and certificate lostOrder $10 replacement
  7. Failed exam three timesNo longer eligible

Eligibility Gates

Minimum age
19 years old64-101
Citizenship
US citizen or qualified alien
Residency
Nebraska resident
Border option
Regular Nebraska work or business
Felony
Bars unless fully pardoned
Fraud or dishonesty
Bars for five years
Exam
Passed before commissioning
Comprehension
Must understand the certificate64-105.01

No Late Renewal

Thirty days before, or start over

Window: 30 days priorLate: full new applicationLate: new exam required

Bond vs E&O Coverage

Surety bond

  • Mandatory $15,000
  • Protects the public
  • Filed with SOS

E&O policy

  • Completely optional
  • Protects the notary
  • No proof required

Public protection vs yours

Application Steps

Step 1
Pass the notary exam
Step 2
Buy $15,000 surety bond
Step 3
File online application
Step 4
Download commission certificate
Step 5
Order ink stamp seal
Filing fee
$30, card or eCheck
Portal
business.nebraska.gov
Paper filings
Ended December 31, 2023
Uploads
Exam certificate and bond

Exam Format

Questions
20 total
Passing score
85%
Misses allowed
3 maximum
Attempts
Three, then permanently ineligible
Platform
ClassMarker, taken online
Assistance
None from other people
Result
Digital examination certificate
Certificate life
90 days from exam
Content
Laws, procedures, ethics64-101.01
Separate exam fee
None charged

Bond + Oath

Amount
$15,00064-102
Surety
Incorporated surety company
Filed with
Secretary of State
Bond address
Home, not business
Signatures
Twice on the bond
First signature
As bond principal
Second signature
Before another notary
Oath endorsed
Support both Constitutions
Oath duty
Faithfully, impartially discharge duties
Where to buy
Insurance agent or provider
E&O policy
Optional, no proof needed

Renewal + Record Changes

Term length
4 years
Renewal window
30 days before expiration64-104
Renewal exam
Not required
Renewal needs
New bond, fee, seal
One day late
Full new application required
Address change
Notify within 45 days64-105.04
Notice contents
Name, expiration, new address
Leaving Nebraska
Terminates the term64-112
Legal name change
Old name until expiration
Lost certificate
$10 replacement online

Acknowledgment vs Jurat

Acknowledgment

  • Confirms prior execution
  • Signature may predate
  • No oath taken

Jurat

  • Signs in your presence
  • Swears contents true
  • Oath required

Confirm signing vs swear truth

Act Picker

  1. Signer confirms earlier signingAcknowledgment(No new signature)
  2. Signer must swear truthJurat(Signs in presence)
  3. Only a promise neededOath or affirmation
  4. Third party proves signatureProof of execution
  5. Testimony under oathDeposition
  6. Signer uses a markTwo witnesses first(64-105.02)
  7. Signer physically cannot signNotary signs, directed
  8. Certified copy requestedSend to issuing agency(Not in 64-107)

Authorized Powers

Oaths
In all cases whatsoever64-107.01
Affirmations
Non-religious equivalent
Depositions
Take sworn testimony
Acknowledgments
Signer confirms execution
Proofs of execution
Third party proves signing
Jurats
Sworn statement signed present
Signature witnessing
Notary watches the signing
Territory
Anywhere within Nebraska
Certificate weight
Presumptive evidence in court
Copy certification
Not listed in 64-107

Notary vs Attorney Role

Notary may

  • Verify signer identity
  • Administer oaths
  • Complete supplied certificate

Notary may not

  • Choose the certificate
  • Draft or explain documents
  • Advise on legality

Witness identity, never advise

Certificate Wording

Ack must state
Appeared and acknowledged execution64-203
Ack identity clause
Known or satisfactory evidence
Short forms
64-206 deemed sufficient
Individual form
Acknowledged before me, date, name
Corporation form
Officer on behalf of corporation
Partnership form
Partner on behalf of partnership
Attorney in fact
Acting for named principal
Other wording
Still valid, not exclusive
No clause supplied
Type on attached sheet
Same page
Preferred, not required

Signing Situations

Already signed
Use acknowledgment instead
Re-sign option
Sign above, cross original
Signature by mark
Two unaffected witnesses required64-105.02
Witness placement
Sign beside the mark
Cannot sign
Notary signs when directed
Notary note
Write circumstance on document
Blank spaces
Refuse until filled or initialed
Minor signer
Allowed, but ID required
Official capacity
No proof required
Reading document
Not required, no advice

Barred Relatives SADS

Spouse, Ancestor, Descendant, Sibling

S: spouseA: ancestorD: descendantS: siblingPlus in-law, step, half

Personally Known vs Evidence

Personally known

  • Repeated interactions
  • No ID needed
  • Uncertainty dispelled

Satisfactory evidence

  • Current government ID
  • Photo, signature, description
  • Passport exception applies

Relationship vs document

ID Picker

  1. Current driver license shownSatisfactory evidence
  2. Passport shownAccept without description
  3. ID lacks a signatureReject, find another
  4. Long personal relationshipPersonally known
  5. One witness knows bothOne credible witness
  6. Two witnesses with IDTwo credible witnesses
  7. Witness benefits from documentDisqualified witness
  8. Remote signer onlineAnalysis plus identity proofing(64-411)

Satisfactory Evidence

Base rule
Current government agency document64-105
Must bear
Photo, signature, physical description
Passport
Description not needed
Personally known
Interactions dispel reasonable uncertainty
One credible witness
Knows notary and signer
Two credible witnesses
Each shows government ID
Witness limit
Unaffected by the document
Presence
Principal present during act
Only exception
Online notarial acts

ID Shows PSP

Photo, Signature, Physical description

P: face photoS: signatureP: physical descriptionPassport: description waived

Disqualifiers

Spouse
Disqualified64-105.01
Ancestor
Parent or grandparent
Descendant
Child or grandchild
Sibling
Brother or sister
In-law, step, half
Same bar applies
Aunt, uncle, cousin
Not barred by relationship
Financial interest
Beyond ordinary notarial fee
Named party
Cannot notarize transaction
Cannot understand certificate
Disqualified from acting
Own signature
Never notarize it

Fee Split

Seal work $5, oath work $2

$5: acknowledgment$5: certificate and seal$2: affidavit with seal$2: oath or affirmation$25: online act

Fee Picker

  1. Took an acknowledgment$5 maximum
  2. Certificate and seal$5 maximum
  3. Affidavit with seal$2 maximum
  4. Administered an oath$2 maximum
  5. Protested an instrument$1 maximum
  6. Performed online act$25 maximum
  7. Traveled to the signerMileage per 81-1176
  8. Employer paid commission feesCharge nothing

Seal Elements

Type
Ink stamp seal64-210
Line 1
State of Nebraska
Line 2
General Notary or General Notarial
Line 3
Name as commissioned
Line 4
Commission expiration date
When ordered
After certificate is printed
Placement
Near your signature
Legibility
Press firmly, avoid text
Every renewal
New stamp, new expiration
Authentication
Seal all official acts

Fee Caps (33-133)

Acknowledgment
$5
Certificate and seal
$5
Affidavit with seal
$2
Oath or affirmation
$2
Protest
$1
Recording protest
$2
Notice of protest
$2
Mileage
Rate in section 81-1176
Online notarial act
$25 maximum64-412
Government employee
No fee if employer-paid
Nature of caps
Ceilings, may charge less

Journal + Venue Rules

In-person journal
Not required by law
SOS position
Highly recommends keeping one
Journal template
Free from Secretary of State
Online record
Mandatory, ten-year retention64-409
Venue line
Where notarization actually happened
Lincoln example
Nebraska, Lancaster County
Wrong county
Cross out, write correct
Correction fluid
Never on notarized documents

Four Online Acts

Acknowledge, Jurat, Verify, Oath

AcknowledgmentsJuratsVerifications or proofsOaths or affirmations

Traditional vs Online Notary

Traditional

  • Physical presence required
  • Journal optional
  • $5 and $2 caps

Online

  • Audio-video appearance
  • Record kept ten years
  • $25 per act

Same room vs technology

RON Registration

Prerequisite
Valid Nebraska notary commission64-403
Training
Secretary of State course
Course topics
Law, procedure, technology, ethics
RON exam
20 questions, 85% pass
RON attempts
Three, then ineligible
RON filing fee
$50
Statutory cap
$100 under 64-405
Registration term
Matches commission term
Approval document
Letter, not certificate
Seal setup
Through approved solution provider
RON seal extra
Identifying number required

Online vs Electronic Notary

Online notary

  • Signer appears remotely
  • $50 filing fee
  • Seal shows identifying number

Electronic notary

  • Signer physically present
  • $100 filing fee
  • No identifying number

Remote vs same room

RON Limits

Allowed acts
Acknowledgments, jurats, verifications, oaths64-408
Fee cap
$25 per online act
Signer location
Need not be Nebraska
Wills and codicils
Not satisfied online64-418
Testamentary trusts
Not satisfied online
UCC
Only Articles 2, 2A
Certificate note
State it was online
Technology duty
Secure against interception
Stolen seal
Tell police and SOS64-410
Lost seal
Tell Secretary of State

Common Traps

Age 19, not 18

Nebraska requires 19 Most states require 18

Acknowledgment vs jurat

Acknowledgment confirms execution Jurat swears contents true

Journal rules split

In-person journal optional Online record mandatory

Bond vs E&O

Bond protects the public E&O protects the notary

Fee tiers differ

Acknowledgment caps at $5 Oath caps at $2

Renewal is not automatic

Only 30 days prior One day late restarts

Move vs address change

In-state move: 45 days Out-of-state move ends term

Powers omit copy certification

64-107 lists no copies Issuing agency certifies copies

Seal is a stamp

Statute requires ink stamp Embosser does not substitute

Online fee is separate

RON registration costs $50 Electronic notary costs $100

Last Minute

  1. 1.Age 19; term 4 years
  2. 2.Exam: 20 questions, 85% pass
  3. 3.Three attempts, then permanently ineligible
  4. 4.Exam certificate valid 90 days
  5. 5.Bond $15,000; filing fee $30
  6. 6.Sign the bond twice
  7. 7.Seal: Nebraska, General Notary, name, expiry
  8. 8.Acknowledgment $5; oath $2; online $25
  9. 9.Journal optional; online record required
  10. 10.Barred: spouse, ancestor, descendant, sibling
  11. 11.ID needs photo, signature, description
  12. 12.Renew only 30 days before
  13. 13.Out-of-state move ends commission
  14. 14.Address change: notify within 45 days
  15. 15.Online acts: four types only
  16. 16.Removal disqualifies you forever
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