3.1 Types of Notarial Acts

Types of Notarial Acts in Nebraska

A notarial act is an act a notary public is empowered to perform under Nebraska law. Nebraska Revised Statute (Neb. Rev. Stat.) 64-105 and Chapter 6 of the Secretary of State's administrative rules define the official acts: taking acknowledgments, administering oaths and affirmations, executing jurats (subscribing and swearing), and taking a proof of execution by a subscribing witness. The same commission also lets a notary attest to the genuineness of certain documents. A notary may act anywhere inside Nebraska, but never outside the state's borders.

The Authorized Acts at a Glance

Acknowledgment vs. Jurat — The Most-Tested Pair

More exam-style questions turn on this single distinction than any other. An acknowledgment answers "Did you knowingly sign this?" A jurat answers "Do you swear this is true?" and requires the signer to sign in the notary's presence.

Copy Certifications Are NOT a Nebraska Notarial Act

Unlike some states, Nebraska does not authorize a notary to certify that a photocopy is a true copy of an original. A notary cannot certify copies of birth, death, or marriage certificates, court records, or other public records. When a copy must be verified, the holder typically signs an affidavit swearing the copy is true and complete, and the notary then performs a jurat on that affidavit — the notary attests to the oath, not to the copy itself.

The Fee Schedule (Neb. Rev. Stat. 33-133)

Nebraska caps notary fees by statute. A notary may charge less than the maximum or nothing at all, but never more.

The Certificate-Selection Trap (Neb. Rev. Stat. 64-105.03)

The statute reads: "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 notarial act or certificate to be used." In practice, if a signer hands you a document with no acknowledgment or jurat language, you may not add one yourself. Doing so is the unauthorized practice of law. Inform the signer the certificate is missing and refer them to the document's issuer or an attorney. The signer (or their attorney) — never the notary — decides which certificate applies.

Why Each Act Exists — The Purpose Behind the Procedure

It helps to remember why the law created distinct acts. An acknowledgment protects against forgery and fraud in property and authority documents: a recorder of deeds or a court must be able to trust that the named grantor really signed and was not coerced. A jurat protects against perjury: when a person swears a statement is true, the legal system gains a witness who can be prosecuted if the statement was knowingly false. A proof of execution by a subscribing witness solves a practical problem — the original signer is unavailable, so a witness who watched the signing swears to it.

An oath or affirmation standing alone is how the legal system makes any spoken testimony binding, such as swearing a witness before a deposition. Matching the act to the document's purpose is the heart of notarial competence, even though the selection itself, when wording is missing, belongs to the signer or an attorney rather than the notary.

Acts Nebraska Notaries May NOT Perform

Knowing the boundaries is as important as knowing the powers. A Nebraska notary may not: certify true copies of vital or public records; give legal advice or select certificate wording if not an attorney; perform an act in which the notary or the notary's spouse has a direct financial or beneficial interest; notarize for a signer who is not personally present; or perform any act outside Nebraska's borders. Violating these limits can void the notarization, expose the notary to civil liability on the bond, and lead to revocation of the commission by the Secretary of State.

Common Trap on Practice Questions

A frequent wrong answer choice claims the notary should "pick the most common certificate" or "add an acknowledgment to be safe." Both violate 64-105.03. The correct action is always to refuse to choose and to refer the signer out. A second classic trap pairs a fee figure with the wrong act — remember the split: $5 caps an acknowledgment or a jurat certificate, while $2 caps a standalone oath or affirmation. A third trap presents a copy-certification request as if Nebraska allowed it; the correct response is to notarize the holder's sworn affidavit, never to stamp the photocopy itself.