NE Notary - Nebraska Notary Remote Online Notarization (RON) Questions and Answers 1 — Questions and Answers
Question 1: A commissioned Nebraska online notary public is on vacation in Florida. A client requests an urgent remote online notarization for a document they are signing in Omaha. According to Nebraska law, what must the notary do?
- Proceed with the notarization since the signer is in Nebraska.
- Refuse to perform the notarization until they are physically located within the state of Nebraska. (Correct answer)
- Proceed with the notarization as long as they are within the United States.
- Have the signer wait until the notary can find a licensed Florida notary to assist.
Correct answer: Refuse to perform the notarization until they are physically located within the state of Nebraska.
Nebraska Revised Statute § 64-405(1) explicitly requires that the online notary public must be physically located within the geographical boundaries of Nebraska at the time of performing the online notarial act. The physical location of the signer is not restricted.
Question 2: Under the Nebraska Online Notary Public Act, for what minimum period must an online notary public retain the secure audio-visual recording of a remote online notarization session?
- 5 years from the date of the notarization.
- Until the notary's current commission expires.
- 10 years from the date of the notarization. (Correct answer)
- 7 years from the date of the notarization.
Correct answer: 10 years from the date of the notarization.
Nebraska Revised Statute § 64-413(1) mandates that an online notary public shall keep a recording of the audio-visual communication for each online notarial act for a period of at least ten years after the date of the act.
Question 3: When identifying a principal for a remote online notarization who is not personally known to the notary, which of the following represents a required component of Nebraska's identity-proofing process?
- The signer must answer a series of challenge questions generated from public and private data sources. (Correct answer)
- The signer must present their government-issued ID to the camera for visual inspection by the notary only.
- The oath of one credible witness, known to the signer, who appears via a separate video call.
- The signer must provide their Social Security number for a background check.
Correct answer: The signer must answer a series of challenge questions generated from public and private data sources.
Nebraska Revised Statute § 64-407 specifies the methods for identifying a remotely located individual. One method involves remote presentation of a government-issued ID, credential analysis of that ID, and knowledge-based authentication (KBA). KBA consists of a series of questions generated from third-party data sources to verify the signer's identity.
Question 4: How does the legal requirement for maintaining a journal for Remote Online Notarizations (RON) differ from the requirement for traditional, in-person notarizations in Nebraska?
- A journal is strongly recommended for both but is not legally mandatory for either.
- A physical, paper-based journal is required for both types of notarizations.
- A journal is mandatory for traditional notarizations but only recommended for RON.
- A secure electronic journal is mandatory for RON, while a journal for traditional notarizations is only recommended. (Correct answer)
Correct answer: A secure electronic journal is mandatory for RON, while a journal for traditional notarizations is only recommended.
According to Nebraska Revised Statute § 64-414, an online notary public *shall* keep a secure electronic journal of all online notarial acts, making it a legal requirement. In contrast, for traditional paper notarizations, the Nebraska Secretary of State strongly recommends keeping a journal as a best practice, but it is not mandated by statute.
Question 5: During a RON session, the audio portion of the communication link fails, but the video remains clear. The Nebraska online notary and the signer can see each other but cannot speak or hear each other. What is the appropriate course of action for the notary?
- Terminate the session immediately and restart only when a continuous, real-time, two-way audio-visual feed is established. (Correct answer)
- Continue the session using the platform's text-based chat feature to communicate.
- Complete the notarization and make a detailed note in the electronic journal about the audio failure.
- Call the signer on a separate telephone line to establish audio while continuing the video feed.
Correct answer: Terminate the session immediately and restart only when a continuous, real-time, two-way audio-visual feed is established.
Nebraska Revised Statute § 64-406 requires that the notarization be conducted via 'communication technology' that allows the notary and the signer to communicate simultaneously by sight and sound. If either component fails, the legal requirement is not met. Using separate channels like a phone call and video does not constitute a single, secure, and recordable communication link as required.
Question 6: Which of the following pieces of information is required to be part of an online notary public's electronic seal in Nebraska?
- The notary's personal email address.
- The name of the state-approved RON technology provider.
- The words 'Online Notary Public'. (Correct answer)
- The county in which the notary resides.
Correct answer: The words 'Online Notary Public'.
The Nebraska Secretary of State requires that an online notary's electronic seal contain four elements: 1) the notary's name as it appears on their commission; 2) their commission expiration date; 3) their commission number; and 4) the words 'Online Notary Public' and 'State of Nebraska'. The county of residence is not required on the seal.
NE Notary - Nebraska Notary Remote Online Notarization (RON) Questions and Answers 1
A commissioned Nebraska online notary public is on vacation in Florida.
A client requests an urgent remote online notarization for a document they are signing in Omaha.
According to Nebraska law, what must the notary do?