Chapter 5 of 520% of exam
Prohibited Acts, Fees, and Liability
The limits that keep a Nebraska notary impartial: the fee cap, disqualifying conflicts, the ban on the unauthorized practice of law, and the consequences of misconduct.
Maximum fees
Nebraska caps notarial fees for standard acts.
A standard notarial act, such as an acknowledgment, is capped at $5.
Online notarizations follow separate fee rules.
A notary may charge less than the cap or nothing.
Record any fee charged.
Conflicts and prohibited acts
Impartiality and a willing, identified signer are prerequisites for every act.
A notary may not act as a party to, or with a financial interest in, the transaction beyond the fee.
Disclosure does not cure a disqualifying interest; the notary must decline.
A notary must refuse when the signer is absent, unidentified, unwilling, or coerced.
Unauthorized practice of law
A non-attorney notary must not cross into legal advice.
Do not give legal advice or judge whether a form is the correct legal document.
Do not choose the notarial certificate for the signer.
Do not advertise as a legal expert or use a misleading title.
Liability and discipline
Misconduct carries consequences the bond does not erase.
Knowingly making a false certificate can bring civil liability and criminal charges.
The Secretary of State may investigate and revoke a commission for cause.
The bond compensates the public; the notary remains personally responsible.