Notary Public

The office of a Notary Public is a serious and responsible public office and should not be taken lightly.  Abuse of the office or irresponsibility in the performance of notarial duties can result in grave consequences.  If a Notary Public has doubts about the propriety of any action, he or she should seek competent professional advice before he or she acts.

To obtain information about becoming and serving as a Notary Public and to obtain an application to become a Notary Public please visit this website

https://alpja.org/wp-content/uploads/2023/08/Alabama-Notary-Public-Application.pdf

 STEPS TO BE APPOINTED A NOTARYIN AUTAUGA COUNTY, ALABAMA  (APPLICABLE AFTER 9/1/2023)

  1. omplete a notary public application; https://alpja.org/wp-content/uploads/2023/08/Alabama-Notary-Public-Application.pdf
  2. Submit the application along with a non-refundable $10.00 to Judge of Probate of Autauga County (176 West 5th Street, Prattville, Alabama 36066)
  3. Complete the required notary training within 30 days of the date of application https://alpja.org/?course=notary-public-training-course
  4. Probate Judge will send the applicant an appointment letter;
  5. Applicant must take the appointment letter to an insurance company to obtain a notary public bond in the sum of $50,000;
  6. Applicant must record the bond and present the Training Certificate within forty (40) days of the date of the letter of appointment;
  7. At the time of recording the bond, the Applicant must pay a $58 filing fee ($25 Issue Notary Commission (§36-20-70(a)), $15 Proceedings Appointing Notary Public and Recording (§12-19-90(b)(39)), $10 Approving Bond (§12-19-90(b)(13)), $3 Certificate without Seal (Stamp Fee) (§12-19-90(b)(19)), and $5 Special Recording Fee (45-1-81.36).

SUMMARY OF ALABAMA’S REVISEDNOTARY PUBLIC ACT TO BECOME EFFECTIVE 09/01/23

ALABAMA REVISES NOTARY ACT 

In responseto numerous reports of fraud and abuse across the State regarding notariespublic, the new and very prominent role notaries public have in Alabama’s newmarriage contract process, and widespread reports of notaries public notunderstanding their duties and responsibilities, the Alabama Legislaturesignificantly revised and updated Alabama’s Notary Public Act to address thenoted problems and shortcomings with the existing law.  The comprehensiverevision of Alabama’s Notary Public Act brings Alabama in line with a majorityof American states that require training of notaries public and specify bothcivil and criminal penalties, should a notary public act negligently orcriminally.

 Alabama’srevised Notary Public Act (Ala. Act 2023-548) was sponsored bySenator Sam Givhan (R) of Madison County and Representative David Faulkner (R)of Jefferson County.  The Alabama Probate Judges Association (“APJA”)encouraged and endorsed the legislative effort and representatives of the APJAworked closely with the sponsors in formulating the revised notary act.

The revised Notary Public Actbecomes effective on September 1, 2023.

The revised Notary Public Actamends Ala. Code §§ 36-20-71,72, 73.1, 74 and 75(1975). 

The key features of the revised actare:

● notary public’s term ofoffice remains 4 years
● Alabama’s judges of probate continue to appoint notaries public
● continues to require Alabama judges of probate to report appointments tothe office of the Alabama Secretary of State
● Requires a uniform application form be utilized statewide, which will bedeveloped by the Alabama Law Institute and the APJA
● Establishes a $10.00 application fee to be paid to the judge of probateat the time application is submitted
● Increases the fee for issuance of a notary commission from $10.00 to$25.00
● Requires all applicants (except lawyers) to successfully complete atraining program prepared by the Alabama Law Institute and the APJA, that will be hosted on the APJA’s Internet website
● Increases the notary bond amount from $25,000.00 to $50,000.00
● Affords Alabama’s judges of probate sole discretion to accept or denyapplications
● Creates specific grounds to deny an application:
   
  Applicant is not a resident of Alabama
   
Applicant makes the application to a judge of probate who is notthe judge of probate of the county in which the applicant resides
   
Applicant has been convicted of a felony or crime involving moralturpitude
   
Applicant is currently a debtor in a bankruptcy proceeding
   
Applicant is under a current order adjudicating the applicant tobe incapacitated
   
Applicant provides false information on the application
   
 Applicant is unable or unwilling to successfully completethe required training program within 30 days of submission of application (judge of probate may extend for good cause shown)
● Any signature acknowledged by a notary public shall be physicallyexecuted within Alabama and in the physical presence of the notary public atthe time of acknowledgment
● Maintains the process for electronic notarization established in 2021
● Requires the notary public to positively identify the prospective signatoryvia personal knowledge of the affiant or the examination of photo  identification issued by a governmental entity or agency
● Remote notarization may not be used to notarize an absentee ballotapplication or absentee ballot affidavit or for any purpose relating to voting
● Increases the authorized notarization fee from $5.00 to $10.00 for eachnotarization act performed
● A notary public shall not perform an acknowledgment in any transactionwhere he or she has a pecuniary interest.
● Specifies that no fee may be charged by a state, county, or municipalemployee for a notarial act performed during, and as a part of, his or herpublic service, unless otherwise provided by law.
● The commissioning judge of probate may issue a warning to a notarypublic or restrict, suspend or revoke a notarial commission for a violationof the Notary Public Act and on any ground for which an application for acommission may be denied under the Notary Public Act.  A period ofrestriction, suspension, or revocation does not extend the expiration date of anotary commission.

● Criminal penalties:

Class C Misdemeanor
   
Holding one’s self out to the public as a notary public withoutbeing commissioned
   
Performing a notarial act with an expired, suspended, orrestricted commission
   
Performing a notarial act before taking an oath of office
   
Charging a fee for a notarial act in excess of the maximum feeallowed by the Notary Public Act ($10.00)
   
Taking an acknowledgment or administering an oath or affirmationwithout the principal appearing in person before the notary public or followingthe procedures for remote notarization
   
Taking an acknowledgment or administering an oath or affirmationwithout personal knowledge or satisfactory evidence of the identity of theprincipal
   
Taking a verification or proof without personal knowledge orsatisfactory evidence of the identity of the subscribing witness

Class D Felony AND with intent tocommit fraud or to intentionally assist in the commission of a fraudulent act
   
Takes an acknowledgment or a verification or a proof oradministers an oath or affirmation he or she knows or reasonably believes to befalse
   
Takes an acknowledgment or administers an oath or affirmationwithout the principal appearing in person before the notary public or withoutfollowing the procedures for remote notarization
   
Takes a verification or proof without the subscribing witnessappearing in person before the notary, or without following the procedure forremote notarization
   
Performs notarial acts in Alabama with the knowledge that he orshe is not properly commissioned

● Reporting Suspected Violations
Any party to a transaction requiring a notarial certificate for verificationand any lawyer licensed in Alabama who is involved in such a transaction, inany capacity, may execute an affidavit and file it with either the AlabamaSecretary of State or the commissioning judge of probate who issued the notarycommission in question, setting forth the actions that the affiant alleges wereviolations of the Notary Public Act.

● Investigation Of Complaints
The revised Notary Public Act creates a procedure for investigation ofallegations of violations of the Notary Public Act by the Alabama State LawEnforcement Agency.  Founded investigations shall be referred to theappropriate district attorney for prosecution.

Resignation or expiration of anotary commission does not terminate or preclude an investigation into theconduct of a notary public by the Alabama Secretary of State, the commissioningjudge of probate who issued the notary commission in question, or a lawenforcement agency.

The commissioning judge of probatewho issued the notary commission may order injunctive relief against anindividual who violates the Notary Public Act, including, but not limited to,ordering the surrender and destruction of a notary commission and a notary seal

●  Criminal Liability OfOthers
Any individual who knowingly solicits, coerces, or in any material wayinfluences a notary to commit official misconduct is guilty as an aider andabettor and is subject to the same level of punishment as the notary public.

●  Civil Liability
A notary public is not an insurer but under a duty to act honestly, skillfully,and with reasonable diligence.
 

Kimberly G. Kervin
Judge of Probate
176 West Fifth Street
Prattville, AL 36067
 

ALSO, REFER TO THESE WEBSITESFOR INFORMATION:

• AlabamaSecretary of State at sos.alabama.gov
• TheAmerican Society of Notaries
• TheNational Notary Association
• Notary.Net
• Notarylaw.com
• NotaryPublicStamps.com
• NotaryBonding.com

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THIS INFORMATION, WHICH IS BASED ON ALABAMA LAW, IS TO INFORM AND NOT TOADVISE. NO PERSON SHOULD EVER APPLY OR INTERPRET ANY LAW WITHOUT THE AID OF ALAWYER WHO ANALYZES THE FACTS, BECAUSE THE FACTS MAY CHANGE THE APPLICATION OFTHE LAW.