4 questions

Conduct Fees

What is the maximum fee a Nebraska notary may charge for a standard notarial act such as an acknowledgment?

  • a.$2
  • b.$5
  • c.$15
  • d.There is no limit

Nebraska caps a standard notarial act, such as an acknowledgment, at $5. A notary may charge less or nothing, but never more than the statutory maximum. Separate rules govern online notarization fees.Nebraska Revised Statutes Ch. 64; Nebraska Notary Public Handbook

Conduct Fees

When must a Nebraska notary refuse to perform a notarial act?

  • a.When the notary has a disqualifying interest, or the signer is absent, unidentified, unwilling, or appears coerced
  • b.Whenever the signer speaks another language, even with an interpreter
  • c.Whenever the document has more than one page
  • d.Whenever the fee is waived

A notary must refuse when they have a disqualifying interest in the transaction, when the signer does not personally appear, when identity cannot be confirmed, or when the signer appears unwilling, confused, or coerced. Impartiality and a competent, willing signer are required.Nebraska Revised Statutes Ch. 64; Nebraska Notary Public Handbook

Conduct Fees

May a Nebraska notary notarize a document in which the notary is personally and financially interested?

  • a.Yes, if the notary discloses the interest
  • b.Yes, for family members only
  • c.No; a notary may not act when a party to, or financially interested in, the transaction beyond the notarial fee
  • d.Yes, if the fee is doubled

A notary must be impartial and may not notarize a transaction in which they are a party or have a financial or beneficial interest beyond the notarial fee. Disclosure does not cure the conflict; the notary must decline and refer the signer to another notary.Nebraska Revised Statutes Ch. 64; Nebraska Notary Public Handbook

Conduct Fees

A non-attorney Nebraska notary is asked whether a form is 'the right legal document.' What should the notary do?

  • a.Give an opinion to be helpful
  • b.Advertise as a legal expert
  • c.Refuse to notarize anything
  • d.Decline to give legal advice and refer the signer to an attorney, while still able to perform the notarization

A non-attorney notary may not give legal advice or judge whether a form is the correct legal document; that is the unauthorized practice of law. The notary declines to advise, refers the signer to a lawyer, and may still perform the notarization itself if the requirements are met.Nebraska Revised Statutes Ch. 64; Nebraska Notary Public Handbook

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