10 Questions You Should to Know about Stamping Equipment Overseas Commissioning Service

This guidance document is advisory in nature but is binding on an agency until amended by such agency. A guidance document does not include internal procedural documents that only affect the internal operations of the agency and does not impose additional requirements or penalties on regulated parties or include confidential information or rules and regulations made in accordance with the Administrative Procedure Act. If you believe that this guidance document imposes additional requirements or penalties on regulated parties, you may request a review of the document.

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Frequently Asked Questions

1. Do I need to go through a notary association?
The Secretary of State’s Office is the government office that commissions notaries in Nebraska and administers Nebraska notary laws.  Nebraska notaries public or those desiring to become Nebraska notaries should be aware of out-of-state notary associations offering notary training. These associations often charge a fee for their training.  Please be advised that the Secretary of State’s Office does not endorse these associations, nor are the associations affiliated with our office in any way.

These associations may offer additional “certification” training that is marketed to help notaries perform their duties. Our office does not sanction this training, which is not required to be a Nebraska notary.  These associations may also offer notary supplies for sale. The only required notary supply that a commissioned notary needs to lawfully notarize in Nebraska is his or her inked stamp seal. (Journals are optional under Nebraska law but are recommended by our office.)

2. Can I notarize the signature of a relative?
By law, you may not notarize a document signed by any of the following: your parents, grandparents, children, grandchildren, spouse, brothers or sisters.  This includes in-laws, step, or half relatives.  
In additional, except as provided in 64-211to 64-215, a notary may not notarize a document if the notary has a financial or beneficial interest in the transaction other than receipt of the ordinary notarial fee or is named as a party to the transaction.

3. Do I need to include my commission expiration date on my Notary Seal?
Yes, all notaries must include their commission expiration date on their notary seal.
You must use an ink stamp seal engraved with the following:

• State of Nebraska.
• General Notary or General Notarial.
• Your commissioned name.
• The expiration date of the commission.

4.  If a document to be notarized does not have an 'affix seal here' notation, where is the best place to stamp my Seal?
It is best to affix your Seal in the general area of your signature (typically below or to either side). Be sure that you press firmly so that all information on the Seal is legible. Do not affix your stamp over printed text in the document or over signatures.

5.  Must the attestation clause and notarization appear on the same page as the principal's signature?
Ideally, both the attestation clause and notarization would appear on the same page; however, it is not required by law.

6.  If a document to be notarized does not have an attestation clause and there is not sufficient room on the form to add it, how should I notarize the document? 
An attestation clause may be typed on a separate piece of paper and then signed, notarized, and stapled to the document presented for notarization.

7.  If someone signs an Acknowledgement as President of a Corporation, Trustee of a Trust, etc., in addition to proof of personal identity, does the Notary also need to ask for proof of their official capacity with the Corporation or Trust?
No, proof of official capacity is not required.

8.  I was recently married and need to know how to change my name on my Notary Commission.
You have two options for changing your name on your Notary Commission:

1. To change your name prior to your Commission expiration date, please see our Steps to Update your Notary Public Record.  After approval of the change, purchase a new stamp with your new name.​

   OR

2. You may keep notarizing using your current stamp and signing the name you are currently commissioned under until your commission officially expires. You will need to specify your new name when you renew your commission.

9.  What should I do if a document is brought to me by the principal and the principal has already signed it?
First, if you don’t know the person, follow the identification procedures outlined in the next section.  Second, ask the principal to sign again directly above where he/she had already signed the document and cross through the prior signature or use an acknowledgment to notarize the document.

10. Will you please list the methods to identify someone whose signature we will be notarizing?
The principal must be identified through “Satisfactory Evidence”:

1. A government issued identification card with picture, signature and physical description.
2. A passport.
3. The oath or affirmation of one credible, unaffected, witness who is personally known to the notary and who personally knows the principal 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 above.
4. The principal is personally known to the notary through interaction over a period of time.

11.  A document was prepared in another state and sent to our client here in Nebraska to be notarized. Since the document originated in another state, the venue (location) in the attestation clause section of the document was pre-filled. What is the proper way to correct this?
The notary should cross through the error, in this case the incorrect name of the state, and write in Nebraska and the county where the notarization takes place. NEVER use correction fluid or tape to correct errors appearing on a document to be notarized.

12.  When I resigned from my job, my previous employer kept my Notary Seal and Certificate because my employer paid my Notary commission fees.  Do I need to begin the Notary commissioning process all over again?
No, you do not need to be re-commissioned. We can issue you a new commission certificate for your records and you may purchase a new Notary Seal to use when notarizing. The fee for a replacement copy of the commission certificate is $10.00. You may submit this request online at our Notary portal.

13.  Can I notarize the signature of a minor?
The law does not prohibit notarizing a document signed by a minor; however, you should be cautious because a minor may not understand the document they are signing.  You would still need satisfactory evidence of identification as discussed above in FAQ #9. 

14.  Can I notarize my own signature?
No, A Notary may not notarize their own signature!

15.  Am I required to maintain a journal? If so, where might I purchase a journal?
Notary journals are not required under Nebraska law; however, we highly recommend that you do use a journal.  You can purchase a journal from your local office supply store or use the example journal on our website: Notary Journal.

16.  What should I put in the venue (State of ….County of….) section at the top of the notarial certificate? 
This section is for the venue (or location) where the notarization actually took place. So, if you are notarizing a document in Lincoln, Nebraska, you would fill in the venue section of the notarial certificate with the following: State of Nebraska, County of Lancaster.  If the venue section is already completed before your receive the document, you should cross through the State and County information if it is incorrect and write in the correct information. 

17.  Is a Notary Public required to read the document to be notarized or offer advice about the content of the document?
No, A Notary is not required to read the document and may not offer advice about the legality of the document.  Nor should you prepare or complete documents unless you are an attorney or professional in a relevant area of expertise.  You should point out blanks to the principal (person signing the document) and explain that others could complete them after the notarizing without permission (see #18 below).  If you keep a journal, note how the principal decided to deal with them.  

18.  A document is presented to me to notarize that contains blanks. How should I proceed?
Refuse to notarize until all blank spaces are either filled in or lined through and initialed by the principal.

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19.  Can someone be commissioned as a Notary Public after being convicted of a felony?
Yes, but only if they have received a full pardon prior to being commissioned as a Notary Public.

20.  Can someone be commissioned as a Notary Public if they have been convicted of a crime involving fraud or dishonesty?
Yes, however, the conviction must have occurred 5 or more years prior to being commissioned as a Notary Public.

All Library & Archives patrons are required to present a state or federal ID card (such as a driver's license) prior to entering the Reading Room. Patron library cards provide access to the second floor Reading Room.

Briefcases, bags, totes, purses, and notebooks are subject to examination by a staff member when entering or leaving the Reading Room.

Lockers are available for patrons to store belongings during their visit. The Library & Archives is not responsible for any personal items left unattended. Visitors using original manuscripts will be required to leave their belongings in a locker. 

Backpacks must be stored in a locker. If a backpack is too large to fit in a locker, then it must either be locked in the patron's vehicle or stored in the main lobby while using Library & Archives materials.

The Tennessee State Library and Archives has copies of the court minutes for circuit, chancery and county courts in Tennessee. The document Courts Where Tennessee Court Cases Were Tried will explain which court heard a particular type of case during a specified time period. You may wish to check the Index to County Microfilm Reels or the Genealogical Fact Sheets About Tennessee Counties to see what records we have available for a specific county.

The Library and Archives will, for a fee, search a five year date span in the indexed minutes from the County or Quarterly Court, Circuit Court, or Chancery Court. Please go to Ordering Records for instructions on ordering a court record.

The records at the Tennessee State Library and Archives are open to the public. You are welcome to come in 8:00am - 4:30pm (Central Time) Tuesday through Saturday to search the court records yourself & make your own copies for research. Please see the Tennessee State Library and Archives Visitors Page for information on directions, parking, and holiday hours.

Please note: Archival materials are available for retrieval between the hours of 8:00 am – 12:00 pm and 1:00 pm – 4:00 pm. If you know you will need materials between 12:00 pm – 1:00 pm, please call ahead to the Public Services section at 615-741- or visit the Ask Us a Question! web page.  We will do our best to accommodate your request.

For some questions you may have regarding your case, you may be instructed that your question is better directed to the government agency that is the opposing party in your case rather than to APD. You should direct those questions to the opposing attorney who represents the government agency or contact the government agency using the contact information contained in your Notice of Hearing or Notice of Hearing and Charges.

One example may be a question regarding how you are to pay the cost for your case. APD charges each government agency based upon the hours spent on each case. Each government agency has different rules and policies on if they can then in turn charge the petitioner. If you have been billed for your case, you would have been billed by the government agency involved in your case, not by APD. Questions regarding those charges should, therefore, be addressed to the government agency involved in your case.  

A Notary is considered a public official and may be removed from office just as any other official. Complaints concerning official misconduct should be directed to local Law Enforcement in the county in which the Notary is elected or in which the alleged misconduct occurred.

With regard to criminal conduct of a notary, Attorney General Opinion No. 07-157 states:

"Pursuant to Tenn. Code Ann. § 8-7-103, the District Attorney General has the duty of prosecuting all violations of state criminal statutes which occur in his or her district. This duty includes prosecutions of criminal acts committed by notaries. A citizen who wishes to file a criminal complaint against a notary public may do so by contacting the District Attorney General of the judicial district in which the alleged criminal conduct occurred and proceeding through the complaint process."

Additionally, as explained in the above opinion of the Attorney General, a notary may be removed from office through the ouster proceedings set forth in Tenn. Code Ann. § 8-17-101.

A directory of District Attorneys can be found at Tennessee District Attorneys General Directory.

An Apostille or an Authentication certifies the authenticity of the signature, seal and position of the official who has executed, issued or certified a copy of a public document.  An Apostille or an Authentication enables a public document issued in one country to be recognized as valid in another country.  While they accomplish the same objective, there are differences between Apostilles and Authentications.

An Apostille is a certification form set out in The Hague Convention abolishing the requirement of legalization for foreign public documents ().

An Apostille may be obtained to transmit public documents executed in one signatory country to another signatory country in which the documents need to be produced.  The Hague Convention defines a “public document” as:

1. Those originating in a court, clerk of a court, public prosecutor or process server;
2. Administrative documents;
3. Notarial acts; and
4. Official certificates are placed on documents.

An Authentication may be obtained to transmit public documents to countries that have not subscribed to The Hague Convention.

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