Prohibited Acts and Conflicts Flashcards

A signer presents a document with several blank spaces where information has not yet been filled in. A Nebraska notary should:

Answer: Refuse to notarize until all material blanks have been completed by the appropriate party

A notary must refuse to notarize a document with material blank spaces because they could be fraudulently completed after the notarial act.

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

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.

A Nebraska notary is pressured to use a colleague's notary seal and sign that colleague's name on a notarial certificate. This action is:

Answer: Never permitted — using another notary's seal or name is fraudulent impersonation

Each notary must use only their own seal and credentials; using another notary's seal or signature is fraud and strictly prohibited under Nebraska law.

A signer cannot come in person but phones the Nebraska notary to verbally confirm their signature on a document for a traditional (non-remote) notarization. The notary should:

Answer: Refuse — in a traditional notarization, the signer must physically appear before the notary

Traditional notarization requires the signer to be physically present before the notary; a phone call does not satisfy the personal appearance requirement.

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

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.

A notary discovers they have been signing official notarial certificates with a spelling of their name that differs from their commissioned name. The notary should:

Answer: Contact the Nebraska Secretary of State and correct the discrepancy going forward

A notary must sign their commissioned name exactly as it appears on their commission; discrepancies must be corrected with the Secretary of State.

A Nebraska notary is asked to sign a document 'on behalf of' a signer who is not present because the signer is traveling. This action is:

Answer: Prohibited — a notary may never sign a document on behalf of another person

A notary may never sign a document in place of or on behalf of a signer; the actual signer must personally execute the document before the notary.