Bulletin: NE000002

Date:
May 27, 2004
To:
All Nebraska Stewart Title Agents
RE:
New Notary Public Legislation for Nebraska

Dear Associates:

The Nebraska Unicameral, in its recently completed session, passed and the Governor signed, LB 315, which will become effective on July 16, 2004.  This bill represents a significant overhaul of the statutes governing the activities of notaries public in Nebraska .  The purpose of this Bulletin is to provide general information regarding the effect of this new legislation, and to advise of the availability of free training sessions to be conducted by the Nebraska Secretary of State's office.

PRINCIPAL CHANGES IN THE LAW:

  • Written examination required for appointment as a notary.  The examination will cover laws, procedures, and ethics for notaries public.
  • Surety bond increased.  A surety bond in the amount of $15,000.00 will be required in place of the current $10,000.00 bond.
  • "Acceptable identification" defined.  The new statute lists specific types of personal identification that will be deemed satisfactory for use in connection with a notarial act.
  • Specific instances of notary disqualification.  Depending on the notary's relationship with a party to a transaction, the notary could be disqualified to act as a notary for that transaction.
  • Procedures for acknowledging documents by persons who sign with a "mark" or who are physically unable to sign.
  • Prohibitions of notaries performing certain functions that could be construed as the unauthorized practice of law.

These and other pertinent topics will be presented at free, two-hour training sessions to be conducted by the Secretary of State's office in 16 cities throughout Nebraska in July of 2004.  Session schedules and registration information will be released at a later date.

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.

References

Bulletins Replaced:
None
Related Bulletins:
None
Underwriting Manual:
None
Exceptions Manual:
None
Forms:
None