Key Takeaways
- Always act impartially and without bias
- Refuse notarizations when something seems wrong
- Keep detailed records for protection
- Stay current on Nebraska notary laws
- Report suspicious activities appropriately
Last updated: January 2026
Ethical Considerations and Best Practices
The Notary's Duty
A notary is a public official with a duty to:
| Duty | Description |
|---|---|
| Impartiality | Act without bias or favoritism |
| Integrity | Be honest in all notarial acts |
| Competence | Know and follow the law |
| Diligence | Carefully complete each notarization |
When to Refuse a Notarization
Always refuse when:
| Situation | Reason |
|---|---|
| Signer not present | Cannot verify identity |
| Signer cannot communicate | Cannot establish understanding |
| Document is incomplete | Blank spaces invite fraud |
| You have beneficial interest | Conflict of interest |
| Signer appears coerced | Free will requirement |
| Signer appears incapacitated | Cannot give knowing consent |
| You believe fraud is occurring | Legal and ethical duty |
| ID appears fake or altered | Cannot verify identity |
| You don't understand the document language | Cannot fulfill duties |
Recognizing Red Flags
| Red Flag | Possible Issue |
|---|---|
| Pressure to skip procedures | Fraud attempt |
| Unusual urgency | May be hiding something |
| Signer doesn't match ID | Identity fraud |
| Third party speaking for signer | Possible coercion |
| Signer confused about document | May not understand |
| Document backdating requested | Fraud |
| Cash payments for large amounts | Potential money laundering |
Best Practices
| Practice | Benefit |
|---|---|
| Keep detailed journal | Legal protection |
| Verify ID carefully | Prevent fraud |
| Communicate with signer | Ensure understanding |
| Ask questions when unsure | Clarify consent |
| Know your limits | Avoid UPL |
| Stay educated | Current on law changes |
| Trust your instincts | If something feels wrong, decline |
Handling Difficult Situations
Signer Appears Coerced
| Step | Action |
|---|---|
| 1 | Ask to speak with signer privately |
| 2 | Ask if they understand the document |
| 3 | Ask if they are signing willingly |
| 4 | Refuse if coercion is suspected |
| 5 | Consider reporting if appropriate |
Signer Cannot Communicate
| Step | Action |
|---|---|
| 1 | Cannot notarize if you cannot communicate |
| 2 | Interpreter may be used if available |
| 3 | You must be able to verify understanding |
| 4 | Decline if communication is not possible |
Suspicious Document
| Step | Action |
|---|---|
| 1 | Do not notarize if you suspect fraud |
| 2 | You are not required to give a reason |
| 3 | Trust your professional judgment |
| 4 | Report to authorities if criminal activity suspected |
Continuing Education
While not required in Nebraska, notaries should:
| Action | Benefit |
|---|---|
| Review Nebraska Notary Statutes | Stay current on laws |
| Check SOS website for updates | Learn about changes |
| Join professional associations | Access resources |
| Take refresher courses | Improve skills |
On the Exam
- Refuse when signer not present, appears coerced, or document is incomplete
- Red flags include pressure to skip procedures, backdating requests
- Communicate with signer to ensure understanding
- Trust your instincts - decline if something seems wrong
- Notary's duties: impartiality, integrity, competence, diligence
Test Your Knowledge
A third party is answering all questions for the signer and the signer remains silent. What should the notary do?
A
B
C
D
Test Your Knowledge
Someone asks the notary to backdate a document to last month. What should the notary do?
A
B
C
D
Test Your Knowledge
A notary senses something is wrong with a transaction but cannot identify exactly what. What should they do?
A
B
C
D
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