Nebraska Rev. Stat. Sec. 64-105.03 (2) states, “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.”
The Secretary of State’s Office is providing samples of the statutory short forms of acknowledgement that are found in Neb. Rev. Stat. Sec. 64-206. The office also is providing samples of acknowledgements for signature by mark.
If you, as a notary, are presented with a document to be notarized that does not have an attestation clause, you should suggest to the principal:
- That the document does not have an attestation clause, and a notary merely signing the document and affixing his or her seal does not constitute a proper notarial act.
- That the principal may want to have an attorney review the document and affix a proper attestation clause.
- If the principal chooses not to use an attorney and is comfortable making the decision himself or herself, you may show the acknowledgements given here and ask the principal if one of these acknowledgements would work for their document. If the principal selects one of the acknowledgements, you may then fill out the wording in the acknowledgement, have the principal sign (after being properly identified), proceed to notarize the document and then attach the acknowledgement to the document.
Note: Depending on the type of document to be notarized, an acknowledgement may not be adequate if the attestation clause is required to be a "sworn statement." If questions arise, please direct the principal to seek legal advice.
Acknowledgement for an Individual Acting in His or Her Own Right
Acknowledgement for a Corporation
Acknowledgement for a Partnership
Acknowledgement for a Limited Liability Company
Acknowledgement for an Individual Acting as Principal by an Attorney in Fact
Acknowledgement by any Public Officer, Trustee or Personal Representative
Acknowledgements for Signature by Mark
Mark Affixed by Principal
Principal Unable to Sign by Reason of Physical Incapacity