64-105. Notarial acts prohibited; when.
(1) A notary public shall not perform any notarial act as authorized by Chapter 64, articles 1, 2, and 3 if the principal:
(a) Is not in the presence of the notary public at the time of the notarial act; and
(b) Is not personally known to the notary public or identified by the notary public through satisfactory evidence.
(2) For purposes of this section:
(a) Identified by the notary public through satisfactory evidence means identification of an individual based on:
(i) At least one document issued by a government agency that is current and that bears the photographic image of the individual's face and signature and a physical description of the individual, except that a properly stamped passport without a physical description is satisfactory evidence; or
(ii) The oath or affirmation of one credible witness unaffected by the document or transaction to be notarized who is personally known to the notary public and who personally knows the individual, or the oaths or affirmations of two credible witnesses unaffected by the document or transaction to be notarized who each personally knows the individual and shows to the notary public documentary identification as described in subdivision (a)(i) of this subsection; and
(b) Personal knowledge of identity or personally known means familiarity with an individual resulting from interactions with that individual over a period of time sufficient to dispel any reasonable uncertainty that the individual has the identity claimed.
(3) This section does not apply to online notarial acts under the Online Notary Public Act.
Source
Cross References
Structure Nebraska Revised Statutes
64-101 - Appointment; qualifications; term.
64-101.01 - Written examination required.
64-102 - Commission; how obtained; bond.
64-103 - Commission; signature; seal; filing and approval of bond; delivery.
64-104 - Notary public; commission; renewal; procedure.
64-105 - Notarial acts prohibited; when.
64-105.01 - Notary public; disqualified; when.
64-105.02 - Notarization; when.
64-105.03 - Notary public; unauthorized practice of law; prohibited.
64-105.04 - Change of residence; duties.
64-107 - Powers and duties; certificate or records; receipt in evidence.
64-107.01 - Oaths and affirmations.
64-108 - Summons; issuance, when authorized.
64-109 - Civil liability of notary public; actions.
64-112 - Removal from state; termination; notice to Secretary of State.
64-113 - Removal; grounds; procedure; penalty.
64-114 - Change of name; continue to act.
64-116 - Transferred to section 64-104.
64-118 - Seal; engraved or ink stamp; adopt; use.
64-119 - Rules and regulations.
64-201 - Notarial acts, defined; performed; effect.
64-202 - Notarial act; performance; proof of authority; maintenance of records.
64-203 - Certificate; contents.
64-204 - Certificate of acknowledgment; form; acceptance.
64-205 - Acknowledgment, defined.
64-206 - Statutory short forms of acknowledgment; use of other forms.
64-207 - Prior notarial acts; effect.
64-208 - Sections, how interpreted.
64-210 - Ink stamp seal; contents.
64-212 - Acknowledgment of written instrument; insurance company; credit union; oath; authorized.
64-303 - Eligibility to register as electronic notary public; Secretary of State; powers.
64-304 - Registration; renewal.
64-305 - Course of instruction; examination.
64-307 - Type of electronic notarial acts authorized.
64-308 - Signer of document; requirements.
64-309 - Performance of electronic notarial act; components.
64-313 - Electronic certificate of authority; contents; fee.
64-315 - Notary public not required to register.
64-316 - Rules and regulations.
64-317 - Other laws applicable.
64-403 - Eligibility to register as online notary public; qualifications.
64-404 - Course of instruction; examination.
64-406 - Registration with Secretary of State; contents; renewal.
64-407 - Rules and regulations.
64-408 - Types of online notarial acts.
64-409 - Electronic record; contents; online notary public; duties; retention period.
64-414 - Prohibited acts; penalty.
64-415 - Electronic certificate of authority; form; fee.
64-416 - Violation of act; removal of registration.
64-417 - Effect of act on notary public that does not perform online notarial acts.
64-419 - Online notarial act; validity.
64-420 - Deed, mortgage, trust deed, other instrument in writing; online notarial act; validity.