Key Takeaways
- Never notarize your own signature (self-notarization)
- Never notarize for someone not personally present
- Never notarize if you have a financial interest
- Never provide legal advice (unauthorized practice of law)
- Never use an expired commission or seal
Last updated: January 2026
Prohibited Acts for Nebraska Notaries
Critical Prohibitions
Nebraska notaries must strictly adhere to legal boundaries. Violating these prohibitions can result in commission revocation and permanent disqualification.
Self-Notarization
| Rule | Details |
|---|---|
| Prohibition | Cannot notarize your own signature |
| Reason | Conflict of interest, no independent verification |
| Consequence | Commission revocation |
| Alternative | Have another notary notarize your documents |
Notarizing Without Personal Appearance
| Rule | Details |
|---|---|
| Prohibition | Signer must be physically present |
| Reason | Cannot verify identity or willingness |
| Consequence | Commission revocation, potential fraud charges |
| Exception | Remote Online Notarization (RON) via video |
Never notarize for:
- Someone who sent the document by mail
- A spouse/relative who is not present
- A friend who "will sign later"
- Anyone who does not personally appear
Financial or Beneficial Interest
| Rule | Details |
|---|---|
| Prohibition | Cannot notarize if you benefit from the document |
| Reason | Conflict of interest |
| Examples | Document names you as beneficiary, gives you money/property |
| Exception | Administrative interest (like being paid the notary fee) is allowed |
Unauthorized Practice of Law
| Prohibited Action | What to Say Instead |
|---|---|
| "You should use this document type" | "I cannot advise which document to use" |
| "This contract looks fine" | "I cannot give legal opinions" |
| "You need an acknowledgment here" | "I cannot determine the certificate type" |
| "Sign here and here" | "Your attorney should advise where to sign" |
| Explaining legal consequences | "Consult an attorney for legal advice" |
Determining Certificate Type
As stated in Nebraska Statute 64-105.03(2):
"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."
Other Prohibited Acts
| Prohibited Act | Consequence |
|---|---|
| Notarizing incomplete documents | Commission issues |
| Using seal after commission expires | Fraud, revocation |
| Notarizing for willfully incapacitated person | Revocation |
| Accepting ID you know is false | Criminal liability |
| Failing to administer oath for jurat | Invalid notarization |
| Charging more than statutory fees | Violation of law |
| Notarizing documents in foreign language you don't understand | Potential fraud facilitation |
On the Exam
- Self-notarization = Always prohibited
- Signer must be present (except RON)
- Cannot notarize if you have beneficial interest
- Cannot give legal advice or determine certificate type
- Cannot use seal after commission expires
Test Your Knowledge
A notary is named as a beneficiary in a will. Can they notarize the testator's signature?
A
B
C
D
Test Your Knowledge
A person asks the notary which type of notarial certificate they should use. What should the notary do?
A
B
C
D
Test Your Knowledge
A notary's spouse wants a document notarized but cannot come to the notary's office. The spouse asks to send it by mail. Can the notary notarize it?
A
B
C
D