NE Notary Notarial Acts and Procedures 2 — Questions and Answers
Question 1: When performing a jurat in Nebraska, the notary must ensure the signer:
- Signs the document in the notary's presence and takes an oath or affirmation (Correct answer)
- Signs the document before appearing and acknowledges it was their voluntary act
- Provides two forms of government-issued identification
- Returns the original document to the notary for safekeeping
Correct answer: Signs the document in the notary's presence and takes an oath or affirmation
A jurat requires the signer to sign in the notary's presence and swear or affirm to the truth of the document's contents.
Question 2: In Nebraska, which notarial act is used when a signer swears that the contents of a document are true and correct?
- Acknowledgment
- Jurat (verification on oath or affirmation) (Correct answer)
- Copy certification
- Signature witnessing
Correct answer: Jurat (verification on oath or affirmation)
A jurat, also called a verification on oath or affirmation, is used when the signer swears or affirms to the truthfulness of a document's contents.
Question 3: Nebraska law requires a notary's certificate to include which of the following?
- The signer's Social Security number
- The venue (state and county) where the act was performed (Correct answer)
- The signer's date of birth
- The notary's home address
Correct answer: The venue (state and county) where the act was performed
A notarial certificate must include the venue — the state and county where the notarial act was performed.
Question 4: A Nebraska notary may certify a copy of a document only if:
- The document is an original that is not a publicly recorded or publicly recordable document (Correct answer)
- The document is a vital record such as a birth certificate
- The county clerk has authorized the copy certification
- The original was produced by a government agency
Correct answer: The document is an original that is not a publicly recorded or publicly recordable document
Nebraska notaries may certify copies of documents that are not publicly recorded or recordable; copies of vital records must be obtained from the issuing agency.
Question 5: When a signer is unable to write their name and instead signs with a mark, what must a Nebraska notary do?
- Refuse the notarization and direct the signer to a court
- Print the signer's name near the mark and note that a mark was used (Correct answer)
- Require a third-party witness to co-sign the document
- Obtain a power of attorney before proceeding
Correct answer: Print the signer's name near the mark and note that a mark was used
When a signer uses a mark, the notary should print the signer's name near the mark and note that a mark was used in place of a signature.
Question 6: Under Nebraska's Revised Uniform Law on Notarial Acts, an 'acknowledgment' certificate requires which key statement?
- That the signer swore the contents of the document are true
- That the signer appeared before the notary, was identified, and acknowledged signing as a free and voluntary act (Correct answer)
- That the document was witnessed by two disinterested parties
- That the notary verified the document's contents for accuracy
Correct answer: That the signer appeared before the notary, was identified, and acknowledged signing as a free and voluntary act
An acknowledgment certificate must state that the principal appeared before the notary, was identified, and acknowledged the instrument as their free and voluntary act.
Question 7: A Nebraska notary is asked to notarize a document for a person appearing via audio-video technology without a prior remote online notarization commission. The notary should:
- Proceed if the technology is reliable and the signer shows ID on camera
- Refuse because remote online notarization requires a separate RON authorization in Nebraska (Correct answer)
- Proceed if the signer signs a consent form acknowledging the remote process
- Proceed only if a licensed attorney is also present on the call
Correct answer: Refuse because remote online notarization requires a separate RON authorization in Nebraska
Nebraska requires notaries to obtain a separate Remote Online Notarization (RON) commission before performing notarizations via audio-video technology.
When performing a jurat in Nebraska, the notary must ensure the signer: