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In-Person Paper/Electronic Notarizations

Am I required by law to maintain a notary journal in Nebraska?

  • A journal is not required for in person paper notarizations

  • A journal is required for in person electronic notarizations

 

“[A]n electronic notary public is to keep a journal of all electronic notarizations he or she performs and will present this journal, or any portion thereof, to the Secretary upon written request” (433 NAC 7.015.01).

Journal format

Paper/tangible or electronic journal acceptable

Journal entry requirements

  • “(a) The date and time of the online notarial act;

  • (b) The type of online notarial act;

  • (c) The type, title, or description of the electronic document or proceeding;

  • (d) The printed name and address of each principal involved in the transaction or proceeding;

  • (e) Evidence of identity of each principal involved in the transaction or proceeding in the form of: (i) A statement that the principal is personally known to the online notary public; (ii) A notation of the type of identification document provided to the online notary public; (iii) A record of the identity verification made under section 64-411; or (iv) The following: (A) The printed name and address of each credible witness swearing to or affirming the principal’s identity; and (B) For each credible witness not personally known to the online notary public, a description of the type of identification documents provided to the online notary public;

  • (f) A recording of any video and audio conference of the performance of the online notarial act, which shall not contain images of the documents that were notarized; and

  • (g) The fee, if any, charged for the online notarial act” (RSN 64-409[1]).

Journal retention

10 years

 

“The electronic notary public is to maintain this record, and the backup record, for at least ten (10) years after the date of the notarial act” (433 NAC 7 015.02).

Remote Online Notarizations

Is Remote Online Notarization (RON) approved in the State of Nebraska?

Yes, notaries in the State of Nebraska are authorized to perform remote online notarizations

Do I have to record the Remote Online Notarization session?

Yes, although the verbiage currently used does specify it is a strict requirement, only that the recording is to be included in the electronic journal entry

 

"For each online notarial act, the electronic record shall contain... (f) A recording of any video and audio conference of the performance of the online notarial act, which shall not contain images of the documents that were notarized; and..." (RSN 64-409)

What is the retention period for RON recordings?

10 years

 

“The electronic record and backup record required by [RSN 64-409] shall be maintained for at least ten years after the date of the transaction or proceeding. The online notary public shall not surrender or destroy the record except as required by a court order or as allowed under rules and regulations adopted and promulgated by the Secretary of State” (RSN 64-409[3]).

Do I have to log RON sessions in a journal?

Yes, Nebraska law requires the notary to log the RON session in a journal

Journal format

Electronic journal required

 

“An online notary public shall keep a secure electronic record of electronic documents notarized by the online notary public. For each online notarial act, the electronic record shall contain..." (RSN 64-409)

Journal entry requirements

  • “(a) The date and time of the online notarial act;

  • (b) The type of online notarial act;

  • (c) The type, title, or description of the electronic document or proceeding;

  • (d) The printed name and address of each principal involved in the transaction or proceeding;

  • (e) Evidence of identity of each principal involved in the transaction or proceeding in the form of: (i) A statement that the principal is personally known to the online notary public; (ii) A notation of the type of identification document provided to the online notary public; (iii) A record of the identity verification made under section 64-411; or (iv) The following: (A) The printed name and address of each credible witness swearing to or affirming the principal’s identity; and (B) For each credible witness not personally known to the online notary public, a description of the type of identification documents provided to the online notary public;

  • (f) A recording of any video and audio conference of the performance of the online notarial act, which shall not contain images of the documents that were notarized; and

  • (g) The fee, if any, charged for the online notarial act” (RSN 64-409[1]).

Reference Links

Helpful resources for Nebraska Notaries

  1. Nebraska Secretary of State

  2. NNA Guidelines for Nebraska Notary Law

  3. “A Notary’s Guide to Completing Journal Entries”

Disclaimer

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser

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