Nebraska Adopts Electronic Notary Public Act and Revised Fiduciary Digital Assets Act

Nebraska has adopted an Electronic Notary Public Act effective July 1, 2017. Additionally, Nebraska has adopted the Revised Fiduciary Access to Digital Assets Act which goes into effect on January 1, 2017.

Electronic Notary Public Act
The act defines what the state of Nebraska considers electronic, electronic documents and an electronic notary public. Also, the act outlines the requirements for an electronic notary public such as registration with the secretary of state, an electronic notary seal, and electronic signature.

In order to become an electronic notary, one must already be commissioned as a notary public in Nebraska. A notary public cannot perform an electronic notary act prior to registering with the secretary of state.

For a copy of the legislation and additional notary requirements and procedures please see here.

Revised Fiduciary Access to Digital Assets Act
This act is applicable to persons acting under a power of attorney, personal representatives, conservators and trustees where the user resides in Nebraska or resided there at the time of the user’s death.  The act itself outlines various scenarios and corresponding procedures that should be followed by fiduciaries when they handle digital assets.

For more detailed information, please refer to the Act here.

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