Nebraska Notary Public Exam — Questions and Answers

Question 1: What is the minimum age requirement to become a notary public in Nebraska?

18 years old
16 years old
21 years old
19 years old (Correct answer)

Correct answer: 19 years old

Nebraska's age of majority is 19, so applicants must be at least 19 years old to qualify for a notary commission.

Question 2: A signer appears visibly intoxicated when presenting a power of attorney to a Nebraska notary. The notary should:

Refuse — a notary must not notarize when the signer appears unable to understand what they are signing (Correct answer)
Proceed but note the apparent intoxication in the journal as a precaution
Proceed if a sober witness accompanies the intoxicated signer and signs the journal
Proceed — the notary's role is only to certify the signature, not assess mental capacity

Correct answer: Refuse — a notary must not notarize when the signer appears unable to understand what they are signing

A notary must refuse to notarize if the signer appears to lack the awareness and capacity to understand the nature of the document due to intoxication or impairment.

Question 3: If a signer refuses to allow their thumbprint to be taken for a journal entry involving a deed of trust, what should the Nebraska notary do?

Complete the entry leaving the thumbprint space blank with no notation
Refuse to perform the notarization
Contact the Secretary of State before proceeding
Proceed without the thumbprint and note the refusal in the journal (Correct answer)

Correct answer: Proceed without the thumbprint and note the refusal in the journal

When a thumbprint is requested but refused, the notary should still complete the notarization and note the refusal in the journal entry.

Question 4: Errors and Omissions (E&O) insurance for a Nebraska notary primarily covers:

Bond premiums and license fees
Civil damages arising from honest notarial mistakes (Correct answer)
Employer liability for employee errors
Criminal fines and penalties

Correct answer: Civil damages arising from honest notarial mistakes

E&O insurance protects a notary from financial loss due to unintentional errors or omissions in the performance of notarial acts.

Question 5: What must a Nebraska notary verify about a credible identifying witness who vouches for a signer?

That the witness is a blood relative of the signer
That the witness holds a professional license
That the notary personally knows the witness or the witness presents satisfactory government-issued ID (Correct answer)
That the witness has no prior criminal convictions

Correct answer: That the notary personally knows the witness or the witness presents satisfactory government-issued ID

Nebraska requires that a credible identifying witness be personally known to the notary or be able to present acceptable identification.

Question 6: A signer presents a tribal ID card issued by a federally recognized Native American tribe. Should a Nebraska notary accept this?

Only if the signer also provides a birth certificate
Only if the notary personally knows the tribe's ID format
No, only state or federal government IDs are acceptable
Yes, tribal IDs from federally recognized tribes are generally acceptable (Correct answer)

Correct answer: Yes, tribal IDs from federally recognized tribes are generally acceptable

Tribal ID cards from federally recognized tribes are considered government-issued identification and are generally acceptable for notary purposes.

Question 7: A notary notarizes a will for a close family member who stands to inherit from the estate. This creates a problem because:

Family members are exempt from the interest prohibition in Nebraska
Only the probate court can object to such notarizations
Notaries may not notarize wills under any circumstances
The notary has a disqualifying interest that may invalidate the notarization and expose them to liability (Correct answer)

Correct answer: The notary has a disqualifying interest that may invalidate the notarization and expose them to liability

A notary who has a direct beneficial interest in a document — such as inheritance from a will they notarize — has a disqualifying conflict of interest.

Question 8: Although maintaining a journal for traditional notarizations is not mandatory in Nebraska, what is the primary reason the Secretary of State strongly recommends it?

To serve as credible evidence of a properly performed notarization, protecting the notary if a transaction is challenged. (Correct answer)
To provide a detailed record for the notary's employer to review performance.
To meet the legal requirements for notarizing real estate documents in the state.
To track the fees collected for tax reporting purposes.

Correct answer: To serve as credible evidence of a properly performed notarization, protecting the notary if a transaction is challenged.

While a journal can help track fees or be reviewed by an employer, its main purpose is to serve as a protective, chronological record of all notarial acts. This record can be crucial evidence to demonstrate the notary followed all proper procedures if a notarization is ever questioned or becomes the subject of a legal dispute. It is a best practice, not a legal requirement for traditional notarizations in Nebraska.

Question 9: A Nebraska notary is also a licensed real estate agent. They have just closed a sale where they represented the seller. The buyer now needs a signature notarized on a separate, unrelated home warranty application. Which statement is true regarding this notarization?

The notary is prohibited from notarizing because they were involved in the recent property sale.
The notary can only perform the notarization if they waive the notarial fee.
The notary can perform the notarization because the home warranty application is a separate transaction in which they have no direct financial interest. (Correct answer)
The notary must have another agent from their brokerage perform the notarization.

Correct answer: The notary can perform the notarization because the home warranty application is a separate transaction in which they have no direct financial interest.

A notary is disqualified if they have a financial or beneficial interest in the specific transaction being notarized. Since the home warranty application is a separate transaction from the property sale and the notary has no direct interest in it (other than the fee), they are not disqualified from performing the notarization.

Question 10: A notary who is also a licensed attorney charges a $5 notary fee and a separate attorney consultation fee during the same appointment. Which statement is correct?

This is prohibited; attorneys who act as notaries must choose only one fee
The combined total of both fees cannot exceed $5
Attorney-notaries are entirely exempt from the $5 per-act maximum
The $5 notary fee is proper; attorney fees for separate legal services are governed by different rules (Correct answer)

Correct answer: The $5 notary fee is proper; attorney fees for separate legal services are governed by different rules

The $5 maximum applies only to the notarial act itself; professional legal fees for separate services rendered are governed by attorney fee rules, not notary fee statutes.

Question 11: A credible witness used to identify a signer must NOT have what characteristic?

A government-issued photo ID
Residence in the state of Nebraska
Prior acquaintance with the notary
A financial interest in the document being notarized (Correct answer)

Correct answer: A financial interest in the document being notarized

A credible witness must be disinterested — they cannot have a financial or beneficial interest in the transaction being notarized.

Question 12: How does Nebraska's maximum fee for remote online notarization compare to its maximum fee for traditional in-person notarization?

RON fees are entirely unregulated in Nebraska
They are identical at $5 per act
RON services must always be provided free of charge
RON allows a higher maximum fee of $25 per act (Correct answer)

Correct answer: RON allows a higher maximum fee of $25 per act

At $25 maximum versus $5 for in-person acts, Nebraska's RON fee limit is five times higher to account for technology costs.

Question 13: A signer presents a valid passport card instead of a passport book. Is a U.S. passport card acceptable identification for a Nebraska notarization?

Only if combined with a state-issued ID
No, only passport books are considered acceptable federal ID
Only for domestic travel-related documents
Yes, a U.S. passport card is a federally issued photo ID and is acceptable (Correct answer)

Correct answer: Yes, a U.S. passport card is a federally issued photo ID and is acceptable

A U.S. passport card is issued by the Department of State, contains a photograph, and is a valid form of federal identification acceptable for notarization.

Question 14: A non-attorney notary in Nebraska is asked by a client, "Should I use an acknowledgment or a jurat for this affidavit?" The notary, wanting to be helpful, reviews the document and advises the client that a jurat is appropriate. This action constitutes:

Acceptable client assistance.
The unauthorized practice of law. (Correct answer)
A prohibited act of malfeasance.
A conflict of interest.

Correct answer: The unauthorized practice of law.

Nebraska Revised Statute 64-105.03 explicitly states that a notary who is not an attorney shall not determine the type of notarial act or certificate to be used if it is not indicated on the document. Providing this type of advice is considered the unauthorized practice of law.

Question 15: After a Nebraska notary's commission expires, a former client requests a notarization. The notary must:

Notarize as a personal favor without using the expired seal
Refuse — the authority to perform notarial acts ends when the commission expires (Correct answer)
Notarize if the notary is simultaneously applying for commission renewal
Notarize if the commission expired less than 30 days ago as a grace period

Correct answer: Refuse — the authority to perform notarial acts ends when the commission expires

A notary's legal authority to perform notarial acts ends on the commission expiration date; acting after expiration is unauthorized and potentially fraudulent.

Question 16: An employer directs a notary employee to notarize documents for customers during work hours. May the employer establish policies about fee collection?

Only if the employer is a government agency
Yes, employers may set workplace policies governing fee collection by employee notaries (Correct answer)
Only if the employer pays the notary's bond premium
No, only the Secretary of State can regulate notary fees

Correct answer: Yes, employers may set workplace policies governing fee collection by employee notaries

Private employers may establish workplace policies about whether and how employee notaries collect fees for services performed on company time.

Question 17: A notary stamps and signs a document that was already signed before the signer appeared. What type of misconduct does this represent?

Minor procedural error
Unauthorized practice of law
Improper acknowledgment — a form of notarial fraud (Correct answer)
Acceptable if the signer ratifies it verbally

Correct answer: Improper acknowledgment — a form of notarial fraud

Certifying that a person personally appeared and acknowledged a signature when they did not is a false certificate and constitutes notarial fraud.

Question 18: A signer presents an ID but refuses to let the notary hold it or examine it closely. What should the Nebraska notary do?

Decline to notarize since adequate examination of the ID is necessary (Correct answer)
Accept the ID at face value without close examination
Proceed if the photo appears to match from a distance
Ask the signer to read the ID information aloud instead

Correct answer: Decline to notarize since adequate examination of the ID is necessary

The notary must be able to adequately examine the identification; if the signer prevents this, the notary cannot establish satisfactory evidence of identity.

Question 19: A signer comes to a Nebraska notary with an expired driver's license as their only form of photo identification. Which of the following actions should the notary take?

Accept the license if it expired within the last 30 days.
Refuse to notarize based on the expired ID and explain alternative identification methods. (Correct answer)
Proceed with the notarization but note in the journal that the ID was expired.
Make a photocopy of the expired license for their records and proceed.

Correct answer: Refuse to notarize based on the expired ID and explain alternative identification methods.

Identification documents presented to a Nebraska notary must be current and not expired. An expired ID is not considered satisfactory evidence. The notary should refuse to proceed with that form of ID and inform the signer about other acceptable methods, such as using credible witnesses.

Question 20: A Nebraska notary is convicted of a felony involving fraud during their commission term. According to Nebraska administrative rules, what is the most likely disciplinary action the Secretary of State will take regarding the notary's commission?

Require the notary to retake the exam.
Issue a written admonishment.
Impose a temporary revocation for one year.
Permanently revoke the notary commission. (Correct answer)

Correct answer: Permanently revoke the notary commission.

The Nebraska Administrative Code lists acts of malfeasance that will likely result in the total (permanent) revocation of a commission. This list includes "being convicted of a felony or crime involving fraud or dishonesty while commissioned."

Question 21: A Nebraska notary's seal is damaged and produces unclear impressions. What must the notary do?

Continue using it until the commission expires to save money
Use white-out to correct the impression
Handwrite the seal information next to the damaged impression
Replace the damaged seal before performing further notarizations (Correct answer)

Correct answer: Replace the damaged seal before performing further notarizations

A damaged seal that cannot produce a legible impression must be replaced, as all notarizations require a clear, readable seal.

Question 22: A Nebraska notary is commissioned in Douglas County. A signer asks the notary to use a seal that lists Lancaster County instead, as the document is for Lancaster County use. The notary should:

Contact the Secretary of State for a temporary Lancaster County authorization
Use the Lancaster County seal as a courtesy to the signer
Use both county designations on the same document
Refuse and only use the Douglas County seal reflecting their actual commission (Correct answer)

Correct answer: Refuse and only use the Douglas County seal reflecting their actual commission

The notary must only use the seal reflecting their actual county of commission; using any other county designation is fraudulent.

Question 23: Nebraska's Remote Online Notarization (RON) law requires the notary to:

Obtain the signer's notarized consent prior to the remote session
File a separate certificate with the county recorder for every RON act
Use audio-video technology that records the session and retain the recording for a required period (Correct answer)
Be physically present in the same room as the signer during the video session

Correct answer: Use audio-video technology that records the session and retain the recording for a required period

Nebraska RON law requires the notary to use compliant audio-video technology and retain a recording of each remote notarial session.

Question 24: Nebraska's RON law is based on which model act adopted to provide a uniform framework for electronic notarizations?

Electronic Signatures in Global and National Commerce Act (ESIGN)
Uniform Electronic Transactions Act (UETA)
Revised Uniform Law on Notarial Acts (RULONA) (Correct answer)
Uniform Real Property Electronic Recording Act (URPERA)

Correct answer: Revised Uniform Law on Notarial Acts (RULONA)

Nebraska's RON framework is built on RULONA, which sets standards for electronic and remote notarial acts.

Question 25: Which feature of a government-issued ID is most critical for it to serve as satisfactory evidence of identity for a Nebraska notarization?

The signer's height and weight
A magnetic stripe or barcode
A holographic seal on the card
A photograph of the bearer (Correct answer)

Correct answer: A photograph of the bearer

The photograph is the most critical feature because it allows the notary to visually confirm the person presenting the ID matches the ID holder.

Question 26: A Nebraska RON notary must use a technology platform that has been approved by whom?

The Nebraska Supreme Court
The American Society of Notaries
The Nebraska Secretary of State (Correct answer)
The county clerk where the notary is commissioned

Correct answer: The Nebraska Secretary of State

Nebraska requires RON notaries to use communication technology platforms approved by the Nebraska Secretary of State.

Question 27: Under Nebraska RULONA provisions, maintaining a notarial journal for traditional (in-person) notarial acts is best described as:

Required only for notaries employed by financial institutions
Prohibited to protect signer privacy
Strictly mandatory with criminal penalties for non-compliance
Permissive — encouraged but not universally required for traditional acts (Correct answer)

Correct answer: Permissive — encouraged but not universally required for traditional acts

Nebraska law permits notaries to keep a journal for traditional notarial acts but does not make it universally mandatory, though it is strongly encouraged.

Question 28: A client requests a written receipt for notary fees paid. Is a Nebraska notary required to provide one?

Yes, Nebraska law requires a written receipt for all notary fees collected
Only if the fee exceeds $25
No, receipts are optional but considered good professional practice (Correct answer)
Only for remote online notarization transactions

Correct answer: No, receipts are optional but considered good professional practice

Nebraska law does not mandate written receipts for notary fees, though providing one is a professional best practice.

Question 29: A client asks a Nebraska notary to change the date on an already-completed notarial certificate to one week earlier. This request is:

Acceptable only for corrections within the same calendar month
Acceptable if the signer provides a signed and notarized release authorizing the change
Prohibited — changing the date on a certificate constitutes fraud (Correct answer)
Acceptable if the notary was available and working on that earlier date

Correct answer: Prohibited — changing the date on a certificate constitutes fraud

Backdating a notarial certificate is fraud regardless of circumstances; the certificate must reflect the actual date the act was performed.

Question 30: A signer asks a Nebraska notary to skip the journal entry for a notarization 'just this once' for privacy reasons. The notary should:

Skip the entry as a reasonable customer accommodation for a trusted client
Make a partial entry without the signer's personal information as a compromise
Refuse — journal entries are required for every notarial act and cannot be waived by the signer (Correct answer)
Skip the entry only if the signer signs a written privacy waiver

Correct answer: Refuse — journal entries are required for every notarial act and cannot be waived by the signer

Nebraska notaries are required to maintain a journal entry for every notarial act; this requirement cannot be waived at the signer's request.

Nebraska Notary Public Exam

The Nebraska Notary Public Exam tests applicants on the duties, obligations, and legal requirements for notaries public under Nebraska law, including notarial acts, signer identification, fees, liability, and prohibited conduct.

Questions

45 min

Time Limit

70%

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