Alabama Notary Rules Introduction
At the crossroads of law and administration, the notary holds the special privilege of authenticating documents; an assurance of integrity that allows for the creation of legally recognized records. Across the nation, and even internationally, independent notaries play a vital role in verifying identity and preventing fraud. In the state of Alabama, this process is subject to specific rules and regulations that all notaries must follow .
Alabama notary rules cover the appointment, duties, and limitations of the state’s notaries public, creating a framework for their important work in the legal document lifecycle. These parameters not only help ensure that the identity of an entrepreneur is verified and the rightful owner of a property is authenticated, but also that the actions that follow are valid.
Becoming an Alabama Notary Public
While all state notary requirements are different, some rules, such as age and residency, are pretty universal. Most states require new notaries to be at least 18 years old, while a few (Nevada, for example) require applicants to be 21. The majority of other requirements, such as residency qualifications, vary from state to state.
The Alabama Secretary of State has set forth some general eligibility requirements for those who want to become notaries public. According to Secretary of State office, notaries must be of "good moral character and integrity." Applicants must be legal residents of Alabama and live in the state for at least 60 days following application. Applicants must be at least 18 years of age and hold either a high school diploma or GED. Applicants can live or work at jobs that require a notary stamp in any Alabama county, as long as it is not one where there is already a notary public from the applicant’s company, firm or agency.
Some specific exemptions in the law allow certain people to act as a notary public without formally applying. For example, judges, U.S. Congress members, circuit court clerks and judges, notary examiners, and attorneys licensed to practice law in Alabama are all exempt from applying.
As stated above, new notaries are required to live in Alabama for at least 60 days prior to applying. New notaries must also apply for a notary commission in the county in which they live. Once they’ve held a notary commission in their county for a period of five years, they can reapply in any county in the state.
Notary Public Application
To apply for a notary public commission in Alabama, an applicant must submit an application and provide the requisite documentation showing that he or she has the legal qualifications to become a notary. Generally speaking, the application for an Alabama notary public commission is made to the Judge of Probate in the county where the applicant resides or his or her company has an office within the State. The application must be made on the forms provided by the Alabama Secretary of State and the Judge of Probate, and should be accompanied by a $10 check made payable to the Alabama Secretary of State to cover the application fee. An applicant must also provide with his or her application a criminal background check from either the Central Criminal Records Exchange or the Department of Public Safety (DPS) that has been run within the last 90 days. The Alabama Secretary of State provides detailed step-by-step instructions for filling out, obtaining, and submitting an application to become a notary public.
Alabama Notary Duties
A notary contract’s scope of duties is generally limited in Alabama, but duties nonetheless. An Alabama notary public will be well-served to understand the limited duty nature of public notaries and primarely stick to the duties set forth below: A notary in Alabama must be impartial and both physically present and witness the signing of the document. No document should be notarized in any other manner, as this can lead to allegations of disability, including fraud and unauthorized use of another’s identity, and improper notarization.
What Documents You Can Notarize – Common Notarized Instruments
Given the prevalence of use, some documents require notarization to be legally effective. Particularly in real estate and financial transactions, the requirement of a notary is part of the ordinary process.
Below are some common documents that may call for a notary in Alabama:
Affidavits
Affidavits are among the most frequently notarized forms. An affidavit is a voluntary, sworn statement made by a person. Because of the importance of the truth of the statements made in an affidavit, this form is generally required to be made under oath or affirmation. This oath or affirmation is what the notary is required to take when notarizing affidavits.
Deeds and Mortgages
In a typical real estate transaction, deeds and mortgages will be amongst the many forms requiring notarization. The notary will take the oath or affirmation of the witnesses to the signing, typically done at the closing table. To ensure that the deed or mortgage is recorded, you must be certain that the instrument is signed and notarized.
Powers of Attorney
Powers of Attorney are also notarized forms. Using a power of attorney grants another individual the authority to act in a specific manner on your behalf. Thus, it is important to ensure that the document is valid and that the individual who is executing the document is identified and has the appropriate authority to sign.
Legal Affidavit
A Legal Affidavit is another common form that requires notarization. A Legal Affidavit is a quasi-judicial form that places the recipient on notice of a potential claim, status or transaction. Your Legal Affidavit should include a statement under penalty of perjury to certify that the information provided is correct. Like an Affidavit, a Legal Affidavit requires that the information provided be true and that it be notarized.
Limited Liability Company Affidavit
A Limited Liability Company Affidavit is required upon filing any deed or mortgage that transfers property owned by a Limited Liability Company. Notice must be issued before the recorder can file the document. This notice alerts the public that the person who is conveying real property is a member of a Limited Liability Company and that the member has authority to transfer the property.
Each form discussed and linked provides a means of ensuring that the information on the form is legitimate and accurate. When signing these forms (or any form), be sure to only sign in the presence of a notary public.
Notary Laws for Notarizing
A notary public in Alabama is empowered to perform each of a number of substantive acts related to the affairs of a resident of the state or the affairs of a person or entity that has an office in the state. The following is a non-inclusive list of some of those acts:
• Taking an acknowledgment
• Administering an oath or affirmation
• Attesting a signature
• Certifying a copy
• Noting and protesting the failure to make a payment of a negotiable instrument
With regard to the procedural aspects of performing a notarial act, a notary public must first confirm the identity of the signer. A notary may confirm the identity of a signer by personal knowledge or satisfactory evidence. If the action being performed by the notary public requires the signatory to sign a document under oath, the notary public should first ask the signer whether he or she has executed the document willingly and free from coercion. Satisfactory evidence of identity means the credible presentation before the notary public of: (i) a valid government-issued photo identification card; (ii) an identification card issued by a government agency; or (iii) a passport , coupled with satisfactory evidence of the identity of the individual signing the document. Given the purpose of the oath, the notary public should never record the Social Security number of the document signatory on the second page of the document, as this number is considered to be inadvertently disclosed to third parties.
In addition to the procedural steps that must be followed, certain documents contain language that must be used when administering oaths and affirmations to signatories. These provisions are contained in sections 36-12-1 through 36-12-8 of the Code of Alabama.
Alabama law does not require a notary public to maintain a notary public journal. However, many banks and other large institutions that utilize the services of notaries public have created a notarial journal that they require their notaries public to maintain. In lieu of a formal journal, a spreadsheet containing the following information will suffice: the date and duration of the notarial act; the type of act performed; and the identity of the person signing the document.
Alabama Notary Public Laws for Remote Online Notarization
As of October 1, 2023, Section 8 of Act 2019-114 (House Bill 491) provides for a permanent law permitting true online, remote notarization. However, the law is complex. As amended, Title 43, Section 116 defines a notary public that is not valid until January 1, 2024 unless the Commission on Notaries Public makes regulations that provide a working deadline prior to 2024.
It is anticipated that the Commission will promulgate rules to allow for remote notarizations with restrictions and will re-visit rescission of notary commissions not in compliance. At that time, review insurance coverages such as E&O and Cyber to determine the adequacy of the coverage and compliance with the rules of the Commission before performing any remote notaries.
For the purpose of this section, "remote notarization" means the original execution of a document using electronic signatures and a notary public using two-way audiovisual communication technology between a notary public and a single signatory to the document or a witness while in Alabama. The signatory or the witness may appear before the notary public by means of a camera technology which projects the signatory or the witness onto a two-dimensional display so that the signatory or the witness is able to be viewed in real time by the notary public.
Alabama Notary Public Penalties
Fines and civil penalties are essential tools for enforcing compliance with the Alabama notary rules and regulations. For example, notaries found in violation of the rules governing their conduct may face civil penalties of up to $25,000 for a single wrongful act or failure to act. In addition, these civil penalties may be assessed not only against the offending notary, but also against individuals, corporations, limited liability companies, and other business entities found to be in violation. Criminal penalties are another consideration when notaries fail to comply with all Alabama laws including the notary rules. Notaries who don’t follow the letter of the law may be guilty of a Class A misdemeanor, which comes with the potential for a fine of up to $6,000 and/or one year of imprisonment. Additionally, criminal charges may be brought against an individual or entity for any acts committed under the color or pretense of official office. Criminal charges are a serious matter, and it is not uncommon for a public office or employment to be lost before the completion of criminal proceedings. While potentially less common, it is vital that Alabama notaries be aware of the potential ramifications for non-compliance with the notary rules and regulations. Finally, civil penalties and criminal penalties for notaries can be compounded for similar violations that occur after a criminal conviction, which is another reason to ensure you are following all notary guidelines.
Notary Public Laws for Electronic and Remote Notaries in Alabama
In Alabama, notary commissions are valid for a four year period, after which notary publics must submit an application for renewal. The initial notary commission is now for a term of four years from the date of appointment. It was previously for a term of one year from the date of appointment, which means some notaries may notice a change in expiration dates. After the passage of 2014 AL HB 457, effective January 1, 2015, there is no longer a waiting period for individuals who wish to reapply immediately upon expiration of their notary appointments.
The Alabama Secretary of State requires all notaries to receive basic training, and the renewal process mimics the application process for obtaining a first-time commission. In most cases, individuals seeking to renew their commissions must submit 1) a completed application form, which can only be completed online through a third-party provider, 2) a certificate of training issued by an approved education vendor, and 3) proof of purchase for a surety bond. Applicants who are reapplying for a notary commission after a previous expiration must also submit copies of their updated commissioned stamp and seal, and if they reside in change of location, a new signature card must be filed with the new notary address.
Fees to renew a notary commission are the same as obtaining a first-time commission, with the cost of the certificate of training varying depending on the provider. Applications with all required elements must be submitted no later than ten days prior to the current expiration date.
How to Renew Your Alabama Notary Commission
Potential and existing Alabama notaries have a variety of resources and associations to support them. Local notary associations are a great resource for guidance related to becoming or maintaining your status as an Alabama notary. The Alabama Notary Association (ANA), a nonprofit organization based in Mobile, has for over 10 years provided support and resources to Alabama notaries. In addition to these member benefits, ANA provides educational opportunities such as monthly webinars and in-person seminars. Membership includes a newsletter , a preferred provider discount program and state and national conference opportunities.
The National Notary Association (NNA) is a non-profit professional association for notaries that serves notaries across all 50 states, the District of Columbia and the U.S. territories. Like the ANA, the NNA provides education, newsletters and webinars, along with information lines, a notary supply store and other business tools.
Alabama state agencies have online notary education on their websites and general notary information through the Secretary of State’s website.