Alabama Notary Law Updates
Listed below are Alabama’s latest Notary law and administrative rule updates, including enacting legislation and administrative rule links. Summaries by American Society of Notaries.
ALABAMA – SB 322
Effective 9-1-23
Please contact ASN for a copy of this law.
Amends Alabama’s notary public law on multiple issues, particularly with respect to commissioning and sanctions.
Commissioning
Increases the notary commission issuance fee to be collected by county judges of probate, from the current $10 to $25.
Requires each notary public applicant to pay a $10 application fee. Allows a judge of probate to accept or deny any application for a notary public commission. Provides that the notary public commission application is developed by the Alabama Probate Judges Association and the Alabama Law Institute.
Requires judges of probate to deny a notary public commission application on the following grounds:
1. the applicant is not a resident of Alabama;
2. the applicant makes application to the wrong probate judge (instead of the probate judge of the county of the applicant’s residence);
3. the applicant has been convicted of a felony or crime of moral turpitude;
4. the applicant is currently a debtor in a bankruptcy proceeding;
5. the applicant is under a current order adjudicating him or her incapacitated;
6. the applicant provides false information on the application;
7. the applicant is unable or unwilling to successfully complete the training program required [in SB 322] within 30 days after submitting his or her application [this time frame may be extended by the judge of probate upon good cause shown].
Provides that a notary public is not an insurer but is under a duty to act honestly, skillfully, and with reasonable diligence. Prohibits a notary public from performing an acknowledgment in any transaction where the notary has a pecuniary interest.
Requires a notary public applicant, before being commissioned, to successfully complete a training program prepared by the Alabama Probate Judges Association and the Alabama Law Institute the reinforces and updates the applicant’s knowledge of all matters relevant to the appointment, authority, duties, and legal and ethical responsibilities of a notary public. Exempts an attorney who is commissioned as an Alabama notary public from completing this training requirement. Clarifies that a notary public commissioned as of the effective date of SB 322 must complete the training requirement upon applying for a renewal commission.
Clarifies that a notary public bond shall be obtained from an Alabama-licensed producer of such bonds. Increases the mandatory bond amount to $50,000 (formerly $25,000), and allows all functioning notaries on September 1, 2023 to continue functioning under their existing bond for the remainder of their current commission term.
Performing Notarial Acts
Requires that on notarized instruments to be recorded in the public records, including the court system, the “form and content of any notarial act” (the notarial certificate) shall include an oath, acknowledgment, and signature of each party to the document, or his or her mark, and the signature of the notary public and their seal of office, either stamped or embossed.
Clarifies that except for a remote notarization performed under Alabama Code §36-20-73.1, any signature acknowledged by a notary public shall be executed within Alabama, and in the physical presence of the notary public at the time of the acknowledgment, and only after the notary public has positively identified the prospective signatory by personal knowledge or by examining photo identification issued by a governmental entity or agency.
Notary Fees
Increases the fee a notary public may charge for each notarial act performed, from $5 to $10. Prohibits an Alabama state, county, or municipal employee from charging any fee for a notarial act performed during, and as part of, the notary’s public service, unless otherwise provided by law.
Prohibited Acts and Sanctions
Provides that a commissioning probate judge or the judge’s successor may issue a warning to a notary, or restrict, suspend or revoke a notarial commission for a violation of Alabama’s notary law; and/or on any ground for which a notary commission application may be denied. Clarifies that a period of commission restriction, suspension or revocation does not extend the expiration date of a commission.
Establishes the penalty of a Class C misdemeanor for an individual committing any of the following acts:
1. holding one’s self out to the public as a notary without being commissioned;
2. performing a notarial act with an expired, suspended, or restricted commission;
3. performing a notarial act before taking an oath of office;
4. charging a fee for a notarial act in excess of the maximum fee allowed by this article;
5. taking an acknowledgment or administering an oath or affirmation without the principal appearing in person before the notary or following the procedures for remote notarization set out in this article;
6. taking an acknowledgment or administering an oath or affirmation without personal knowledge or satisfactory evidence of the identity of the principal;
7. taking a verification or proof without personal knowledge or satisfactory evidence of the identity of the subscribing witness.
Makes a notary guilty of a Class D felony if he or she does any of these acts with the intent to commit fraud or to intentionally assist in the commission of a fraudulent act:
1. Takes an acknowledgment, or a verification or proof, or administers an oath or affirmation the notary knows or reasonably believes to be false;
2. Takes an acknowledgment or administers an oath or affirmation without the principal appearing in person before the notary, or without following the procedures for remote notarization set out in this article;
3. Takes a verification or proof without the subscribing witness appearing in person before the notary, or without following the procedures for remote notarization set out in this article;
4. Performs notarial acts in Alabama with the knowledge that he or she is not properly commissioned under this Chapter (of law).
Establishes that for purposes of enforcing Alabama’s notary law, any party to a transaction requiring a notarial certificate for verification, and any attorney licensed in Alabama who is involved in such transaction in any capacity may execute an affidavit setting forth the alleged violations. Either the Secretary of State or the probate judge who issued the notary’s commission shall receive such affidavit, then shall forward it to the Alabama State Law Enforcement Agency. Provides that the Agency shall, on its own or in coordination with local law enforcement agencies, investigate the violations. Provides that founded investigations shall be referred to the appropriate district attorney for prosecution.
Clarifies that resignation or expiration of a notary commission does not terminate or preclude an investigation into the notary’s conduct by the Secretary of State, or by a judge of probate or a law enforcement agency. Provides that whether the investigative finding would have been grounds for disciplining the notary may be a matter of public record.
Authorizes the commissioning judge of probate to order injunctive relief against any individual who violates this Chapter of law including, but not limited to, ordering surrender and destruction of a notary commission and the notary seal.
Specifies the same level of punishment applicable to a notary, to any individual who knowingly solicits, coerces, or in any material way influences a notary to commit official misconduct, and establishes such individual to be guilty as an aider and abettor to the notary.
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Effective 9-1-23
Please contact ASN for a copy of this law.
Amends Alabama’s notary public law on multiple issues, particularly with respect to commissioning and sanctions.
Commissioning
Increases the notary commission issuance fee to be collected by county judges of probate, from the current $10 to $25.
Requires each notary public applicant to pay a $10 application fee. Allows a judge of probate to accept or deny any application for a notary public commission. Provides that the notary public commission application is developed by the Alabama Probate Judges Association and the Alabama Law Institute.
Requires judges of probate to deny a notary public commission application on the following grounds:
1. the applicant is not a resident of Alabama;
2. the applicant makes application to the wrong probate judge (instead of the probate judge of the county of the applicant’s residence);
3. the applicant has been convicted of a felony or crime of moral turpitude;
4. the applicant is currently a debtor in a bankruptcy proceeding;
5. the applicant is under a current order adjudicating him or her incapacitated;
6. the applicant provides false information on the application;
7. the applicant is unable or unwilling to successfully complete the training program required [in SB 322] within 30 days after submitting his or her application [this time frame may be extended by the judge of probate upon good cause shown].
Provides that a notary public is not an insurer but is under a duty to act honestly, skillfully, and with reasonable diligence. Prohibits a notary public from performing an acknowledgment in any transaction where the notary has a pecuniary interest.
Requires a notary public applicant, before being commissioned, to successfully complete a training program prepared by the Alabama Probate Judges Association and the Alabama Law Institute the reinforces and updates the applicant’s knowledge of all matters relevant to the appointment, authority, duties, and legal and ethical responsibilities of a notary public. Exempts an attorney who is commissioned as an Alabama notary public from completing this training requirement. Clarifies that a notary public commissioned as of the effective date of SB 322 must complete the training requirement upon applying for a renewal commission.
Clarifies that a notary public bond shall be obtained from an Alabama-licensed producer of such bonds. Increases the mandatory bond amount to $50,000 (formerly $25,000), and allows all functioning notaries on September 1, 2023 to continue functioning under their existing bond for the remainder of their current commission term.
Performing Notarial Acts
Requires that on notarized instruments to be recorded in the public records, including the court system, the “form and content of any notarial act” (the notarial certificate) shall include an oath, acknowledgment, and signature of each party to the document, or his or her mark, and the signature of the notary public and their seal of office, either stamped or embossed.
Clarifies that except for a remote notarization performed under Alabama Code §36-20-73.1, any signature acknowledged by a notary public shall be executed within Alabama, and in the physical presence of the notary public at the time of the acknowledgment, and only after the notary public has positively identified the prospective signatory by personal knowledge or by examining photo identification issued by a governmental entity or agency.
Notary Fees
Increases the fee a notary public may charge for each notarial act performed, from $5 to $10. Prohibits an Alabama state, county, or municipal employee from charging any fee for a notarial act performed during, and as part of, the notary’s public service, unless otherwise provided by law.
Prohibited Acts and Sanctions
Provides that a commissioning probate judge or the judge’s successor may issue a warning to a notary, or restrict, suspend or revoke a notarial commission for a violation of Alabama’s notary law; and/or on any ground for which a notary commission application may be denied. Clarifies that a period of commission restriction, suspension or revocation does not extend the expiration date of a commission.
Establishes the penalty of a Class C misdemeanor for an individual committing any of the following acts:
1. holding one’s self out to the public as a notary without being commissioned;
2. performing a notarial act with an expired, suspended, or restricted commission;
3. performing a notarial act before taking an oath of office;
4. charging a fee for a notarial act in excess of the maximum fee allowed by this article;
5. taking an acknowledgment or administering an oath or affirmation without the principal appearing in person before the notary or following the procedures for remote notarization set out in this article;
6. taking an acknowledgment or administering an oath or affirmation without personal knowledge or satisfactory evidence of the identity of the principal;
7. taking a verification or proof without personal knowledge or satisfactory evidence of the identity of the subscribing witness.
Makes a notary guilty of a Class D felony if he or she does any of these acts with the intent to commit fraud or to intentionally assist in the commission of a fraudulent act:
1. Takes an acknowledgment, or a verification or proof, or administers an oath or affirmation the notary knows or reasonably believes to be false;
2. Takes an acknowledgment or administers an oath or affirmation without the principal appearing in person before the notary, or without following the procedures for remote notarization set out in this article;
3. Takes a verification or proof without the subscribing witness appearing in person before the notary, or without following the procedures for remote notarization set out in this article;
4. Performs notarial acts in Alabama with the knowledge that he or she is not properly commissioned under this Chapter (of law).
Establishes that for purposes of enforcing Alabama’s notary law, any party to a transaction requiring a notarial certificate for verification, and any attorney licensed in Alabama who is involved in such transaction in any capacity may execute an affidavit setting forth the alleged violations. Either the Secretary of State or the probate judge who issued the notary’s commission shall receive such affidavit, then shall forward it to the Alabama State Law Enforcement Agency. Provides that the Agency shall, on its own or in coordination with local law enforcement agencies, investigate the violations. Provides that founded investigations shall be referred to the appropriate district attorney for prosecution.
Clarifies that resignation or expiration of a notary commission does not terminate or preclude an investigation into the notary’s conduct by the Secretary of State, or by a judge of probate or a law enforcement agency. Provides that whether the investigative finding would have been grounds for disciplining the notary may be a matter of public record.
Authorizes the commissioning judge of probate to order injunctive relief against any individual who violates this Chapter of law including, but not limited to, ordering surrender and destruction of a notary commission and the notary seal.
Specifies the same level of punishment applicable to a notary, to any individual who knowingly solicits, coerces, or in any material way influences a notary to commit official misconduct, and establishes such individual to be guilty as an aider and abettor to the notary.
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ALABAMA – SB 275
Signed April 29, 2021
Effective July 1, 2021
View this bill
Creates Section 36-20-73.1, Code of Alabama under Title 36, Chapter 20 (Alabama’s Notary Public law). Authorizes a form of remote notarization by allowing an individual to personally appear before an Alabama Notary Public by use of two-way, audio-video communication technology and specifying requirements including that the documents so notarized must be provided to the Notary for his or her/their authentication and original signature.* Prohibits use of remote notarization for notarizing an absentee ballot application or an absentee ballot affidavit; or for any purpose related to voting.
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*NOTE: This bill enacts remote notarization with regard to tangible documents that—after notarization formalities performed by use of audio-video communication technology—are subsequently provided to the Notary for the Notary’s authentication and original (wet-ink) signature.
Defines “original signature” as a signature signed directly onto a document in wet ink by a person who is named on the document. Establishes that unless otherwise provided by law, the powers and functions of a Notary Public require the Notary’s original signature. Defines “signatory” as the person who is named on the document and is to sign the document.
Establishes that, subject to specified provisions of Section 36-20-73.1, Code of Alabama, an individual may personally appear before a Notary Public by either physically appearing before the Notary (in the Notary’s physical presence), or appearing through use of two-way, audio-video communication technology that allows a Notary Public and a remotely located signatory to communicate with each other simultaneously by sight and sound. Conditions appearance via two-way audio-video communication on the Alabama Notary’s physical location in Alabama at the time of the notarization; and the Notary’s recording of the two-way audio-video communication and maintenance of the recording for a period of seven years.
Requires that the Notary Public shall verify the identity of such a remotely located signatory using either (1) personal knowledge of identity; or (2) (a.) presentation of two valid forms of government issued identification, one of which includes the face and signature of the signatory; and (b.) a process by which the Notary Public verifies the signatory’s identity through a review of public or private data sources.*
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*NOTE: Examples of such a process includes “credential analysis” (technology-enabled verification that an ID credential is a validly issued credential) and “knowledge-based authentication” or “KBA” (the signatory satisfactorily answers a set of questions based on particulars of the individual’s life events and financial history).
Requires the two-way audio-video communication recording to contain:
1. the date and time of the remote notarial act;
2. a description of the documents to which the remote notarial act relates;
3. an attestation by the Notary Public of being physically located in Alabama;
4. a description of how the signatory’s identification was verified;
5. a clear image of any government-issued identification, if applicable;
6. a clear image of the signatory’s act of signing, as observed by the Notary Public.
Establishes that the official date and time of a notarization for a remotely located signatory is the date the time the Notary witnessed the signature, including the date and time the signature was witnessed via two-way, audio-video communication technology.
Requires that all documents used during the two-way audio-video communication must be provided to the Notary for his or her/their authentication and original signature.*
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*NOTE: For example, the Notary would perform all the formalities of notarization during the two-way audio-video communication with the remotely located individual, except for completion of the notarial certificate on the document. The document to which the remote notarization pertains will, following the two-way audio-video communication, be sent to the Notary so he or she/they can complete the notarial certificate in ink, and affix his or her/their original signature.
Ratifies and confirms any action taken before July 1, 2021, allowing for the remote notarization of signatures under the Emergency Management Act of 1955. Establishes that a Notary who intentionally or fraudulently violates Section 36-20-73.1 Code of Alabama (created by SB 275) shall be guilty of a Class C misdemeanor.
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Information on this page is provided with the understanding that the user is solely responsible for his/her knowledge of notarial law, procedures and practices. The information contained on this page is for informational purposes only and should not be construed as legal advice. All information is subject to change without notice and therefore is provided “as is,” free of warranty of any kind.
Information on this page is provided with the understanding that the user is solely responsible for his/her knowledge of notarial law, procedures and practices. The information contained on this page is for informational purposes only and should not be construed as legal advice. All information is subject to change without notice and therefore is provided “as is,” free of warranty of any kind.
Last updated August 2023.
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