Do I need to provide identification to have my document notarized?

Yes! While the types of identification you can present to a notary may vary state to state, notaries are required to positively identify document signers by some form of ID in all 50 states. Nebraska notaries are allowed to use a current identification document issued by a government agency and containing a photograph of the person’s face, their signature and their physical description. Any acceptable identification must be current and valid.

Examples of acceptable ID include:

• A state drivers license

• A non-drivers ID card

• A United States passport

• A United States military ID

• A permanent resident or “green card” issued by USCIS

• A properly stamped passport.

A signer who cannot provide acceptable identification can still have their document notarized, but it does require that the signer be identified in person by two credible identifying witnesses.

Credible identifying witnesses must:

• Know the signer personally

• Not stand to benefit from the contents of the document being notarized

• Provide acceptable identification (examples above)

• Take an oath/affirmation administered by the notary public
  

Do I have to appear in person before a notary to have my document notarized?

A signer’s personal appearance is required for a notarization in Nebraska to occur. In fact, Nebraska Notary law explicitly prohibits the performance of any notarial act unless the principal signer is in the presence of a notary public at the time of the notarization. For both traditional and electronic notarizations, the notary and the signer must be face to face in the same room when the notarization takes place. For remote online notarizations (RON), the notary and signer must be face to face via audio-video communication technology.

Can a notary answer my questions to help me understand or complete my document?

Non-attorney Nebraska notaries are not permitted to assist signers in drafting, preparing, selecting, completing or understanding a document or transaction. This includes choosing what type of notarial certificate to attach to a document. If you are unsure of how to complete a document or what certificate is needed, you should contact the document issuer, its recipient or an attorney for assistance.

Why would a notary refuse to notarize a document?

Notaries may not legally refuse requests to notarize documents based on a person’s race, color, religion, nationality, gender/sex, disability or marital status. However, there are instances when a notary can and should refuse to notarize.

Below are some instances of when a notary can and should refuse to notarize:

• If a signer’s awareness is in doubt, a notary should refuse to notarize.

• If a signer is unable to present an acceptable form of identification, the ID presented is expired or shows signs of tampering or counterfeiting, the notary should refuse to notarize.

• If a signer is being coerced to sign or is apprehensive about signing a document, the notary should refuse to notarize.

• If the signer’s last name and surname on their document does not match the name appearing on the identification presented to the notary, the notary should refuse to notarize.

• If the signer and the notary cannot communicate in a language they both understand without an interpreter, the notary should refuse to notarize.

• A document containing a photocopied or faxed signature should never be notarized.