A Few Helpful Laws And Guidelines To
Assist An Alabama Notary Public

A few helpful laws and guidelines to assist an Alabama Notary Public.

Duties of a Notary Public

What you may and should do as a duly appointed Notary Public

What you should not do as a duly appointed Notary Public

How to Notarize a Document

Laws of Alabama affecting a Notary Public.

*** This pamphlet does not include all the laws affecting a Notary Public. ***

DUTIES OF A NOTARY PUBLIC

For your own protection you as a duly appointed Notary Public should become familiar with the laws governing a Notary Public, and thoroughly familiar with paper you authenticate.

Before any step is taken, be sure the parties concerned thoroughly understand the contents of the documents they are acknowledging or executing. This should be understood to your satisfaction before you attest to their signature(s) which is always affixed in your presence.

NEVER be a party to a false affidavit. This clearly falls under the so-called felony amendment and is why we place so much emphasis upon this point. The responsibility lies solely upon the Notary Public. In certifying officially as true what he knows is false, he violates his duty as a state Official, commits a crime and makes himself liable for damages, fines and/or imprisonment.

Too much emphasis cannot be placed upon having the individual making the oath or acknowledgement in your presence, dating the document the date it is signed and affixing the seal and expiration date of your commission properly.

Be certain there are no blank spaces that can be filled in after you notarize a document. If the document requires two signatures, never attest to ONE, leaving blank for another signature to be affixed.

A widely ignored requirement imposed upon a Notary Public is that requiring every Notary Public to keep a fair register of all his official acts and/or payment of his legal fees and to give a certified copy there from when required.

IN NO INSTANCE CAN A NOTARY PUBLIC ACT IN THE CAPACITY OF AN ATTORNEY. HE HAS NO AUTHORITY TO COMPLETE LEGAL DOCUMENTS. HE ONLY CERTIFIES THAT THE PERSON WHO ACTUALLY DOES SIGN THE DOCUMENT SIGNS THE DOCUMENT IN HIS PRESENCE. AND THAT THE CONTENTS ARE KNOWN TO AND UNDERSTOOD BY THE PERSON WHOSE SIGNATURE HE IS AFFIRMING.

Knowledge of the extent to which a Notary Public may perform his duties, and the careful carrying out of the prescribed functions of the Notary Public is of utmost importance.

Back to the Index

You may, as a duly appointed Notary Public:

• Administer Oaths.
• Take Affidavits.
• Take renunciation and relinquishments of a dower rights.
• Protest bills of exchange.
• Make protests for Captains of vessels.
• Make protests of all papers to the protested, both for nonacceptance and nonpayment.
• Make certificates.
• Act as a commissioner to take testimony in court cases.
• Act as a Notary Public only in the county in which you are authorized, or if they are statewide then they are authorized in all 67 counties.

You should, as a duly appointed Notary Public:

• Familiarize yourself with the laws and regulations governing a Notary Public.
• Be sure the party is fully aware of the documents he acknowledges and that he is making such acknowledgment of his own free will and accord.
• Be sure your seal is affixed and the expiration date of your commission is shown on each paper acknowledged or sworn before you.
• Every Notary Public is required to keep a fair register of all his official acts and on payment of his legal fees and to give a certified copy therefrom when required.

Back to the Index

You should not, as a duly appointed Notary Public:

• Be a party to a false affidavit.
• Take an affidavit of acknowledgment or make a certificate before the granting of or, after the expiration of your commission.
• Post-date or antedate any oath of acknowledgement.
• Take an acknowledgement over the telephone or in any other manner except by having the affiant in your presence.
• Take an acknowledgement of any person not known or made known to you without reasonable identification.

Back to the Index

HOW TO NOTARIZE A DOCUMENT

1. Require reasonable proof of identity of the person whose signature is being notarized.
2. Have the person sign the document in your presence.
3. Show the date the document is being notarized; also the state and county in which the document is notarized.
4. Sign your name exactly as your commission and seal read.
5. Show the expiration date of your commission with your stamp or write in the expiration. Be sure the date is legible.
6. Affix your notary seal in an appropriate place and be sure It can be read clearly. Being able to read your seal sharp and clear is an absolute necessity. If it can't be read clearly, get a new notary seal.
7. Enter the transaction in your Notary Journal/Register.

Back to the Index

LAWS OF ALABAMA AFFECTING NOTARIES PUBLIC

Article 1

A competent number of notaries public for each county shall be appointed and commissioned by the probate judges of the several counties of the state and shall hold office for four years from the date of their commissions. The probate judges shall collect a fee of $1.00 for each such notary commission issued. The probate judges shall also report to the secretary of state the name, county, date of issuance and date of expiration of the commission of each notary public appointed and commissioned under this section.

Back to the Index

*36-20-5
Powers

Notaries public shall have authority to: 1) Administer oaths in all matters incident to the exercise of their office; 2) Take the acknowledgement or proof of instruments of writing relating to commerce or navigation and certify the same and all others of their official acts under their seal of office; 3) Demand acceptance and payment of bills of exchange, promissory notes and all other writings which are governed by the commercial law as to days of grace, demand and notice of nonpayment and protest the same for nonacceptance or nonpayment and to give notice thereof as required by law; and 4) Exercise such other powers as, according to commercial usage or the laws of this state, may belong to notaries public.

Back to the Index

Any person who, having been a notary or a notary public for the state at large, willfully performs or assumes the authority to perform a notarial act after his commission expires or any permission assumes the authority and performs a notarial act shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for not more than one year.

Back to the Index

A competent number of notaries public for the state at large shall be appointed and commissioned by the probate judges of the several counties of the state and shall hold office for four years from the date of their commission. Such notaries public for the state at large shall perform all the acts and exercise all authority now preformed and exercised by notaries public under the general laws of the state of Alabama. The jurisdiction of such notaries public shall not be limited to the counties of their residence but shall extend to any county of the state. The probate judges shall collect a fee of $1.00 for each such notary commission issued. The probate judges shall also report to the secretary of state the name, county of residence, date of issuance and date of expiration of the commission of each notary public appointed and commissioned under this section and the fact that said notary was appointed and commissioned for the state at large.

Back to the Index

Notaries public appointed under this article must give bond with the sureties to be approved by the judge of probate of the county of their residence in the sum of $10,000, payable to the state of Alabama and conditioned to faithfully discharge the duties of such office so long as they may continue therein or discharge any of the duties thereof. Such bond must be executed, approved, filed and recorded in the office of the judge of probate of the county of their residence before they enter on the duties of such office. Such notaries public for the state at large, in the event of any breach of the conditions of their official bonds, may be sued in the county of their residence or in the county in which the breach was committed or in the county where the party or parties who suffered damages from the breach reside.

Back to the Index

For the authentication of his official acts, each such notary must provide a seal of office which must present, by its impression, his name, office and the state for which he was appointed.

Back to the Index