Nebraska UPL Statute Summary

Nebraska Revised Statutes 64-105.03, Notary public, unauthorized practice of law; prohibited

  1. A notary public who is not an attorney shall not engage in the unauthorized practice of law as provided in this section.
  2. If notarial certificate wording is not provided or indicated for a document, a notary public who is not an attorney shall not determine the type of notarial act or certificate to be used.
  3. A notary public who is not an attorney shall not assist another person in drafting, completing, selecting, or understanding a document or transaction requiring a notarial act.
  4. A notary public who is not an attorney shall not claim to have powers, qualifications, rights, or privileges that the office of notary public does not provide, including the power to counsel on immigration matters.
  5. A notary public who is not an attorney and who advertises notarial services in a language other than English shall include in any advertisement, notice, letterhead, or sign a statement prominently displayed in the same language as follows: "I am not an attorney and have no authority to give advice on immigration or other legal matters".
  6. A notary public who is not an attorney may not use the term notario publico or any equivalent non-English term in any business card, advertisement, notice, or sign.
  7. This section does not preclude a notary public who is duly qualified, trained, or experienced in a particular industry or professional field from selecting, drafting, completing, or advising on a document or certificate related to a matter within that industry or field.
  8. A violation of any of the provisions of this section shall be considered the unauthorized practice of law and subject to the penalties provided in section 7-101.
     

Nebraska Revised Statutes 7-101. Unauthorized practice of law; penalty

Except as provided in section 7-101.01, no person shall practice as an attorney or counselor at law, or commence, conduct or defend any action or proceeding to which he is not a party, either by using or subscribing his own name, or the name of any other person, or by drawing pleadings or other papers to be signed and filed by a party, in any court of record of this state, unless he has been previously admitted to the bar by order of the Supreme Court of this state. No such paper shall be received or filed in any action or proceeding unless the same bears the endorsement of some admitted attorney, or is drawn, signed, and presented by a party to the action or proceeding. It is hereby made the duty of the judges of such courts to enforce this prohibition. Any person who shall violate any of the provisions of this section shall be guilty of a Class III misdemeanor, but this section shall not apply to persons admitted to the bar under preexisting laws.

Enforcement Mechanisms/Complaint Processes for UPIL

Victims may file a complaint with the Attorney General’s Consumer Protection Division, under the Nebraska Deceptive Trade Practices Act, which may be accessed here.

You can file a complaint online or by mail. You can download the complaint form in English or Spanish. One may complete the form online or mail it to:

Consumer Complaint Division
Attorney General’s Office
2115 State Capitol
Lincoln, NE 68509

One may also submit a complaint to the Nebraska Judicial Branch’s Commission on the Unauthorized Practice of Law. Contact information may be obtained here.

Reporting Ineffective Assistance of Counsel

To report ineffective assistance of counsel in Nebraska, you may file a grievance with the Counsel for Discipline using these instructions in English, or these instructions in Spanish.

Contact Information for Relevant Agencies

Nebraska Secretary of State Notary Division:

Physical Address
1201 N Street, Suite 120
Lincoln, NE 68508
Tel: (402) 471-2558
Fax: (402) 471-4429
Email: sos.notary@nebraska.gov
Mailing Address
Notary Division
P.O. Box 95104
Lincoln, NE 68509-5104

Nebraska Attorney General Office:

Consumer Complaint Division
Attorney General’s Office
2115 State Capitol
Lincoln, NE 68509

 

Becoming a Notary Public

Before you may become a notary public, you must meet the following qualifications:
Nebraska Revised Statute 64-101. Appointmen;  qualifications; term.,

  1. The Secretary of State may appoint and commission such number of persons to the office of notary public as he or she deems necessary.
     
  2. There shall be one class of such appointments which shall be valid in the entire state and referred to as general notaries public.
     
  3. The term effective date, as used with reference to a commission of a notary public, shall mean the date of the commission unless the commission states when it goes into effect, in which event that date shall be the effective date.
     
  4. A general commission may refer to the office as notary public and shall contain a provision showing that the person therein named is authorized to act as a notary public anywhere within the State of Nebraska or, in lieu thereof, may contain the word general or refer to the office as general notary public.
     
  5. No person shall be appointed a notary public unless he or she has taken and passed a written examination on the duties and obligations of a notary public as provided in section 64-101.01.
     
  6. No appointment shall be made if such applicant has been convicted of (a) a felony or (b) a crime involving fraud or dishonesty within the previous five years.
     
  7. No appointment shall be made until such applicant has attained the age of nineteen years nor unless such applicant certifies to the Secretary of State under oath that he or she has carefully read and understands the laws relating to the duties of notaries public and will, if commissioned, faithfully discharge the duties pertaining to the office and keep records according to law.
     
  8. No person shall be appointed a notary public unless he or she resides in the State of Nebraska, except that the Secretary of State may appoint and commission a person as a notary public who resides in a state that borders the State of Nebraska if such person is employed in or has a regular place of work or business in this state and the Secretary of State has obtained evidence of an address of the physical location of such employment or place of work or business prior to such appointment and commission.
     
  9. Each person appointed a notary public shall hold office for a term of four years from the effective date of his or her commission unless sooner removed. Submit application materials to:
Notary Division
P.O. Box 95104
Lincoln, NE 68509-5104

All application materials can be accessed here.