NE Notary Notary Liability and Misconduct 3 — Questions and Answers
Question 1: Nebraska law prohibits a notary from notarizing a document in which the notary has what type of interest?
- Any professional interest
- A disqualifying financial or beneficial interest in the transaction (Correct answer)
- An academic interest in the subject matter
- Any interest in the county where it is filed
Correct answer: A disqualifying financial or beneficial interest in the transaction
Nebraska notaries are barred from notarizing documents in which they have a direct financial or beneficial interest because impartiality would be compromised.
Question 2: A notary uses their official seal to authenticate a document that they know is fraudulent. Under Nebraska statutes, this act could constitute:
- Simple negligence only
- A civil infraction with no criminal exposure
- Criminal forgery or fraud (Correct answer)
- A minor ethics violation with a warning
Correct answer: Criminal forgery or fraud
Knowingly authenticating a fraudulent document with an official seal can constitute criminal forgery or fraud under Nebraska law.
Question 3: Which of the following is an example of a notary engaging in the unauthorized practice of law in Nebraska?
- Explaining what the notarial act means for a document
- Refusing to notarize an incomplete document
- Advising a signer which type of deed to use for their property transfer (Correct answer)
- Charging a fee for notarial services
Correct answer: Advising a signer which type of deed to use for their property transfer
Selecting or recommending which legal document a signer should use constitutes legal advice, which is the unauthorized practice of law for a non-attorney notary.
Question 4: A Nebraska notary's commission may be revoked by the Secretary of State for which reason?
- Notarizing more than 50 documents per month
- Being convicted of a felony or misdemeanor involving fraud or dishonesty (Correct answer)
- Charging the maximum fee allowed by statute
- Refusing to notarize documents outside their expertise
Correct answer: Being convicted of a felony or misdemeanor involving fraud or dishonesty
A conviction for a crime involving fraud or dishonesty is grounds for the Secretary of State to revoke a notary's commission in Nebraska.
Question 5: When a Nebraska notary notarizes a document knowing the signer's identity is false, the notary has committed:
- An excusable oversight
- A voidable procedural error
- Deliberate misconduct that can result in criminal charges (Correct answer)
- A private matter between the notary and employer
Correct answer: Deliberate misconduct that can result in criminal charges
Knowingly notarizing for someone using a false identity is deliberate misconduct exposing the notary to criminal prosecution.
Question 6: A notary charges $25 per notarization in Nebraska, where the statutory maximum is $5. This overcharge could result in:
- No consequences since fees are negotiable
- Disciplinary action including suspension or revocation of commission (Correct answer)
- A civil lawsuit from the Secretary of State only
- Automatic criminal prosecution
Correct answer: Disciplinary action including suspension or revocation of commission
Charging fees in excess of the statutory maximum is a violation of Nebraska notary law and can result in disciplinary action against the notary's commission.
Question 7: A notary who performs a notarization while their commission has expired is guilty of:
- A valid notarial act if they were licensed previously
- Acting without authority, which may void the notarization and expose the notary to liability (Correct answer)
- A forgivable technical violation with no consequences
- Only a civil infraction if no harm results
Correct answer: Acting without authority, which may void the notarization and expose the notary to liability
Performing notarial acts after a commission expires means acting without legal authority, potentially voiding the notarization and exposing the notary to liability.
NE Notary Notary Liability and Misconduct 3
Nebraska law prohibits a notary from notarizing a document in which the notary has what type of interest?