Alabama - U.S. Notary Reference

Last Update: February 13, 2024

Notary Jurisdiction

Statewide (COA 36-20-70[a]).

Notary Term Length

Four years (COA 36-20-70[a]).

Notary Bond

$50,000 (COA 36-20-71[a]).

Notary Seal

Required (COA 36-20-72).

Notary Journal

Not required.

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Commissioning Official

1. County Probate Judges: Alabama’s county probate judges appoint and commission the state’s Notaries.

2. Secretary of State: The probate courts keep the Notary’s application paperwork, including a record of the sureties for the Notary’s bond. The probate judges report to the Alabama Secretary of State the name, county, date of issuance, and date of expiration of each Notary commission. “(T)he records filed with (the Secretary’s) office regarding the appointment and commissioning of notaries are a matter of public record and are available for review by the general public” (website, “Notaries Public”) (COA 36-20-70[a]).

Contact Information

1. Address: Office of Secretary of State
   Administrative Services
   Notaries Public
   State Capitol, Suite S-105
   P.O. Box 5616
   Montgomery, AL 36103-5616

2. Phone: 1-334-242-5325

3. Website: https://www.sos.alabama.gov/administrative-services/notaries-public

Laws, Rules and Guidelines

1. Laws: Most Notary statutes are in the Code of Alabama (COA), Title 36, Chapter 20, “Notaries Public” and Title 35, Chapter 4, “Conveyances and Creation of Estates.”

2. Guidelines: Guidelines for Notaries may be found in the following materials available on the Alabama Probate Judges Association website (http://www.alpja.org ):

   1. “Notaries Public in Alabama” (NPA)

   2. Sample acknowledgment certificate forms

   3. Alabama Notary Public Training Course (ANPTC) (Ver. 9.15.23)

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Commission Process

1. Qualifications: While county probate judges do have discretion to appoint Notaries, according to a spokesperson for the Secretary of State’s office, judges must follow certain guidelines: “I am not aware of any authority that would allow the qualifications to vary from county to county. In Atty. Gen Op. No. 1995-0289 … the AG opined that in order to be an Alabama notary, the resident must possess all legal requirements to be an officer in this state. Moreover, in Atty. Gen. Op. No. 1995-0274, the AG opined that one who has been or is convicted of a felony cannot serve as a notary public. However, if a convicted felon, who has not served in office, receives a pardon, which specifically restores to him his civil and political rights, such pardon removes the disabilities accompanying a felony conviction, including the ineligibility to hold office. I am also unaware of any provision in state law that would allow a probate judge to require a notary applicant to pass a qualifying course or test.”
   The qualification of being a registered voter of the state may not be imposed. The Alabama Supreme Court in Babcooke v. Duncan, 866 So.2d 431 (Ala. 1986), ruled that requiring applicants for a Notary appointment to be qualified electors was a denial of equal protection under the law.

2. Course: Required. “Before being commissioned, an applicant for a notary public commission shall successfully complete a training program prepared by the Alabama Probate Judges Association and the Alabama Law Institute that reinforces and updates the applicants’ knowledge of all matters relevant to the appointment, authority, duties, and legal and ethical responsibilities of a notary public. An attorney who is commissioned as a notary public under this article is not required to complete the training requirement. A notary public who is commissioned as of the effective date of this act shall be required to complete the training requirement upon submitting an application for the renewal of his or her expired commission” (COA 36-20-70[e]).
   The probate judge of the county of the applicant’s residence may deny an application if the applicant does not complete the training course within 30 days after submitting the application for a commission. This time frame may be extended by the judge of probate upon good cause shown (COA 36-20-70[c][7]).
   “Effective September 1, 2023, all notary applicants, unless otherwise exempted by law, must complete a training program prepared by the Alabama Probate Judges Association and the Alabama Law Institute. This training program must be completed within 30 days after submitting your application and can be accessed on the Alabama Probate Judges Association’s website (www.alpja.org). You will not be required to pay a fee to enroll in this program, nor will you be required to take a test to receive a certificate of completion. NOTE: Completion of any other training program will not satisfy the training requirement” (NPA).

3. Exam: At the discretion of the appointing county probate judge.

4. Application

   1. Probate Judges: The probate judges of each Alabama county set application rules and procedures for the commissioning of Notaries.

   2. Application Fee: An application fee of $10 is required at the time of submission of the application (COA 36-20-70[c]).

   3. Driver License Information and Copy: An applicant must provide the information from an Alabama Dirver License or non-driver ID and photocopy of the applicant’s current license or ID is required to be submitted with the application, but if an applicant does not have a current driver’s license, the applicant should check with the probate judge of the applicant’s county regarding other acceptable alternate forms of ID (Application). There also is a space for an applicant to provide “Other ID” which is one of the IDs mentioned in the voting laws that may be presented at the polls and listed at https://www.sos.alabama.gov/alabama-votes/voter/voter-id.

   4. Residency: A space in the application to verify residence in Alabma must be completed by naming the document (e.g., Alabama Driver License).

   5. Application Denial: An application for a Notary commission will be denied on any of the following grounds (COA 36-20-70[c]):
      (1) The applicant is not a resident of Alabama.
      (2) The applicant makes the application to a judge who is not the judge of probate 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 required training program within 30 days after submitting his or her application.

5. Letter of Approval: Upon approval of the application, an applicant will receive a letter of approval from the probate judge.

6. Bond, Training Certificate Filing: Within 40 days of the date of the letter of appointment, an applicant must obtain, execute, and file in person or by mail a $50,000 bond (see “Bond,” below). At the time of filing the bond, the applicant also must file the applicant’s training course completion certificate and pay any recording fee plus $25 for the issuance of the commission (COA 36-20-70[a]). For example, currently in Jefferson County, the total fee is $52. In Montgomery County, it is $59. Applicants should check with their probate judge for the exact amount of the fee.

7. Background Screening: Not required.

8. Nonresidents: “An individual must apply in the county of his residency to become a notary public … A person who resides in another state, but who works in Alabama, cannot be appointed and commissioned as a notary public in this state” (Ala. Atty. Gen. Opinion 95-00289 of August 16, 1995).

Online Search

Alabama’s Notaries, both regular and Civil Law, are compiled on the Secretary of State’s website (https://www.sos.alabama.gov/government-records/notary-public). The list of regular Notaries may be searched by name, bonding company, commission starting date or commission expiration date. The smaller roster of Civil Law Notaries may be searched by name.

Jurisdiction

“[N]otaries public shall perform all the acts and exercise all authority 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 and shall extend to any county of the state” (COA 36-20-70[a]).

Effective January 1, 2012, the law was changed to allow all Alabama Notaries to be commissioned with statewide (“state at large”) jurisdiction (Act No. 2011-295 [Senate Bill 54]).

Term Length

“A competent number of notaries public for the state at large shall be appointed and commissioned by the judges of probate of the several counties of the state and shall hold office for four years from the date of their commission” (COA 36-20-70[a]).

Bond

1. Requirement: “Notaries public shall give bond with sureties, obtained from an Alabama licensed producer of such bonds, to be approved by the judge of probate of the county of their residence, in the sum of fifty thousand dollars ($50,000), payable to the State of Alabama and conditioned to faithfully discharge the duties of the office so long as they may continue therein or discharge any of the duties thereof. Such bond shall 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” (COA 36-20-71[a]).

2. Attorney General Opinion: “An individual desiring to become a notary public has to show evidence of a bond for the term of appointment before appointment” (Ala. Atty. Gen. Opinion 95-00289 of August 16, 1995).

3. Existing Notaries Grandfathered: “All existing notaries public functioning on September 1, 2023, shall continue to function pursuant to their existing bond for the remainder of their existing commission” (COA 36-20-71[b]).

Changes of Status

1. Name Change: “There is no statutory authority by which a probate judge may amend or reissue a notary’s record of appointment to authorize the notary to use a newly acquired name. However, if the notary so desires, she may reapply for a new notary commission in her newly acquired or married name” (Ala. Atty. Gen. Opinion 95-00220 of May 17, 1995).

2. County Change: State-at-large Notaries do not vacate their offices upon moving from their counties. However, a spokesperson for the Secretary of State’s office advised that “it may be that a better practice for a notary for the state at large would be to get a new commission in his/her county of residence if the notary moves from the county where the commission was initially obtained.”

Civil Law Notaries

1. Qualifications: The Alabama Secretary of State may appoint as a “Civil Law Notary” any member of the Alabama Bar admitted to the practice of law for at least five years.

2. Authority: “Civil Law Notaries are authorized to issue brevets, minutes, and notarial deeds and may authenticate or certify any document, transaction, event, condition, or occurrence. Civil law Notaries may administer oaths and make certificates thereof when necessary for execution of any writing or document to be attested, protested, or published under the seal of a notary public. Civil Law Notaries may also take acknowledgments of deeds and other instruments of writing for record” (“Civil Law Notaries: The Handbook (2019)” available for download from the Secretary of State’s website.)

   1. Brevit: A “brevit” is a “private document in which the civil law notary attests to the authenticity of a signature, fact or contract. Brevets may be used, among other things, to certify signatures, prescribe oaths, certify a translation or a copy of a document that is not part of the civil law notaries protocol, or certify the identity of any object or thing” (COA 36-20-50[2]).

   2. Minute: A “minute” is an “authentic act written by a civil law notary which contains the exact narration of a finding of fact or facts influencing the rights of private parties of which the civil law notary has personal knowledge and that due to the nature of the authentic act does not constitute a contract or judicial business. The types of minutes include, but may not be limited to, the following:
      “a. General Minutes. A minute providing a certification of general facts known to the civil law notary.
      “b. Minutes of Notoriety. A minute providing a certification that a fact is generally known by the people who have a direct or close relationship with the factual situation or its consequences, or who belong to the social or economic environment of the person affected by a particular fact.
      “c. Minutes of Correction. A minute for the purpose of rectifying minor errors in form or omissions made by the civil law notary in prior authentic acts.
      “d. Minutes of Addition. A minute for the purpose of including a document in the civil law notary’s protocol in order to provide for preservation of the document; limited memorialization of domestic private documents and/or execution of foreign legal documents” (COA 36-20-50[4]).

3. Protocol: Civil Law Notaries keep copies of the originals of their acts in a “protocol.” They may also execute all other acts of a regular Alabama Notary. See COA 36-20-50 through 36-20-55, as amended on September 26, 2001; see also Alabama Administrative Code, Chapters 820-6-1 through 820-6-4 and the Secretary of State’s website (“Civil Law Notaries”).

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Authorized Acts

Alabama Notaries are authorized to perform the following notarial acts on paper records with the signer appearing before them physically in person or remotely (COA 36-20-73):

1. Take acknowledgments and proofs;

2. Administer oaths;

3. Execute protests;

4. “Exercise such other powers as, according to commercial usage or the laws of this state, may belong to notaries public.”

Acknowledgments

1. Definition: “An ‘acknowledgment’ is a formal admission, before an officer, by one who has executed an instrument that the instrument is his act and deed” (Burns v. Marshall, 767 So. 2d 347, 2000 Ala. LEXIS 114) citing Jemison v. Howell, 230 Ala. 423, 161 So. 806 (1935).

2. Requirements

   1. Personal Appearance: “It is the settled law of this jurisdiction that the taking and certification of an acknowledgment is a judicial function, and when the certifying officer acquires jurisdiction by having the grantor and the instrument to be acknowledged before him, and enters upon the exercise of his jurisdiction, the resulting certificate is conclusive of the truth of all those facts therein stated which the officer is by law authorized to state, until successfully assailed for duress or fraud… The mere casual presence of a putative grantor and the possession of an instrument purporting to have been signed are not sufficient to confer jurisdiction. There must be an acknowledgment in some form by the grantor of the instrument signed” (Orendorff v. Suit, 167 Ala. 563, 52 So. 744, 1910).

   2. Notary Witnesses Signature: “Except as otherwise provided in this section, any signature acknowledged by a notary public shall be executed within this state and shall be executed in the physical presence of the notary public at the time of the acknowledgment” (COA 36-20-73.1[a]).

Proofs

If not acknowledged, conveyances must be proved by two subscribing witnesses (COA 35-4-68).

Oaths and Affirmations

1. Definition: “The word ‘oath’ includes affirmation” (COA 1-1-1[3]).

2. Requirements: “Everyone is familiar with the question, ‘Do you swear (or affirm) to tell the truth, the whole truth, and nothing but the truth, so help you God?’ The affiant need not hold his hand on the Bible, but he should raise his right hand at the time the question is asked and he answers in the affirmative” (“A Manual for Notaries Public in the State of Alabama,” formerly issued by the Alabama State Bar’s Young Lawyer’s Section).

3. Oaths of Office: “In all cases in which it is not otherwise provided by law, the oaths of office may be administered by any officer authorized to administer an oath, must be written out and subscribed by the person taking the same and must be accompanied with the certificate of the officer administering such oaths, specifying the day and year on which the same were taken” (COA 36-4-1).
   “In order to properly administer an oath of office:
   “► the elected person should be physically present
   “► the notary must administer the correct oath of office to the elected official
   “► the elected official should sign the oath of office in the presence of the notary
   “► the notary public must sign, date, and affix their seal to the oath of office
   “► at least two (2) original oaths should be executed by the elected official and the notary so that
   one (1) can be provided to the correct public office” (ANPTC).

Protests

1. Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs” (COA 7-3-505[b]).

2. Requirements: “[A protest] may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (COA 7-3-505[b]).

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Personal Appearance

1. Requirement: “For purposes of this article, and subject to [COA 36-20-73.1] subsections (e) to (g), inclusive, an individual may personally appear before an acknowledging notary by either of the following:
   “(1) Physically appearing before the notary as provided in [COA 36-20-73.1] subsection (a).
   “(2) Appearing through the 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, provided that the notary public is physically located in this state and the two-way audio-video communication is recorded and maintained for a period of seven years by the notary public” (COA 36-20-73.1[d]).

2. Rationale: “A notary should pay close attention to the details, because as a commissioned public official, notaries are acting under the general laws of the State of Alabama. The notary’s primary function is to serve as an official, unbiased witness to the identity, the comprehension, and the intent of the person requesting the notarial act. This is why the person whose signature, oath or acknowledgement you are notarizing must appear before you when you perform the notarization” (ANPTC).

Original Signature

“Unless otherwise provided by law, the powers and functions of a notary public require his or her original signature” (COA 36-20-73.1[c]).

Identification

1. Notarial Acts

   1. Requirement: “Except as otherwise provided in this section, any signature acknowledged by a notary public shall be executed within this state and shall be executed in the physical presence of the notary public at the time of the acknowledgment, only after the notary public has positively identified the prospective signatory via personal knowledge of the affiant or the examination of photo identification issued by a governmental entity or agency” (COA 36-20-73.1[a]).
      “It is obvious … that a duty is imposed upon notaries public to ascertain the identity of the person whose signature they attest” (Ardis v. State, 380 So. 2d 301, 304 [Ala. Cr. App. 1979]).
      “If the person whose signature the notary is to attest is not known to the notary, he should require whatever form of identification is adequate for him to reasonably ascertain the identification of that person. Photo identification is certainly preferable, but if it is not available, other sources of identification may be used. Acceptable sources of identification may include the birth certificates, social security cards, food stamp cards, marriage certificates, Medicaid, Medicare, or welfare identification or any form of governmentally issued identification” (Ala. Atty. Gen. Opinion 98-00116 of March 26, 1998).
      “Only allow the person to sign after you have positively identified the person signing the document” (ANPTC).

2. Remote Notarial Acts: “If appearing through the use of two-way audio-video communication, the identity of the signatory shall be verified by the notary public using either of the following methods:
   “(1) The personal knowledge of the notary public of the identity of the signatory.
   “(2)a. The presentation of two valid forms of government issued identification, one of which shall include the face and signature of the signatory; and
   “b. A process by which the notary public verifies the identity of the signatory through a review of public or private data sources” (COA 36-20-73.1[e]). The Alabama Notary Public Training Course indicates that examples could be a mortgage loan record, a utility bill, a voter identification document, or a major credit reporting agency report.

Refusal of Services

Mental Competence and Willingness: “Before you complete the notarization, make sure the person signing appears to be competent, has capacity to sign the document and is signing the document knowingly and voluntarily. You can refuse to perform the notarization if you do not believe the signer meets these requirements” (ANPTC).

Presigned Acknowledgments

“Sometimes someone will bring you a document that has already been signed. In those situations, verbally confirm that it is their signature and verify their identity before notarizing. The notary acknowledgement should state that the individual ‘acknowledged’ their signature in your presence not that the individual “signed” in your presence” (ANPTC).

Representative Capacity

“There will be times when a person requesting a notarization will be signing on behalf of another person or entity. In those situations, you need to verify their identity and verify the documentation that they have authority to sign on behalf of that person or entity” (ANPTC).

Reasonable Care

“A notary has the duty to use ordinary reasonable care in the performance of his functions… As the Alabama Supreme Court observed in Butler v. Olshan, 280 Ala. 181, 190-91, 191 So. 2d 7, 16 (1966), ‘A notary public is not an insurer, but he is under a duty to his clients to act honestly, skillfully, and with reasonable diligence’” (First Bank of Childersburg v. Florey, 676 So. 2d 324, 331 [Ala. Civ. App. 1996]).

Disqualifying Interest

1. Close Relatives: “(R)esearch does not reveal any law that prohibits a notary public from notarizing a relative’s or spouse’s signature. However, the better practice would be for a notary public to refrain from notarization of the signature of his or her spouse or immediate family member so the impartiality of the notary public would not be an issue should the authentication of the document be questioned” (Ala. Atty. Gen. Opinion 95-00289 of August 16, 1995).
   “There is no prohibition in Alabama against notarizing documents for spouses or immediate family members. However, it is best practice not to do so as it can give rise to allegations of self-dealing” (ANPTC).

2. Stockholders: A Notary who is a stockholder in a corporation, national banking association, building and loan association or savings and loan association may notarize deeds, mortgages, or other conveyances for the organization, as long as the Notary holds no more than 1 percent of the total issued and outstanding capital stock and holds no office in the organization (COA 35-4-25).

Signature by Mark

1. Definition: “The words ‘signature’ or ‘subscription’ include a mark when the person cannot write, if his name is written near the mark, and witnessed by a person who writes his own name as a witness, and include with respect to corporate securities facsimile signature placed upon any instrument or writing with intent to execute or authenticate such instrument or writing” (COA 1-1-2[4]).

2. Land Conveyances: In regard to written conveyances of land, “…if he is not able to sign his name, then his name must be written for him, with the words ‘his mark’ written against the same, or over it; the execution of such conveyance must be attested by one witness or, where the party cannot write, by two witnesses who are able to write and who must write their names as witnesses; or, if he can write his name but does not do so and his name is written for him by another, then the execution must be attested by two witnesses who can and do write their names” (COA 35-4-20).

Signature by Proxy

“It is important to remember, when a third party is signing on behalf of someone who is physically unable to sign, both the signer and the person whom they direct to sign their name must be physically present during the notarization” (ANPTC).

Prohibited Acts

Any of the following acts constitute a Class C misdemeanor under Alabama law and therefore are prohibited (COA 36-20-75):
(1) Holding out to the public that a person is 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.
(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.
(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.

Any of the following acts constitute a Class D felony if committed with the intent to commit fraud or intentionally assist in the commission of a fraudulent act and therefore are prohibited (COA 36-20-75[c]):
(1) Taking an acknowledgment, or a verification or proof, or administering an oath or affirmation the Notary knows or reasonably believes to be false.
(2) Taking an acknowledgment or administering an oath or affirmation without the principal appearing in person before the Notary, or without following the procedures for remote notarization.
(3) Taking a verification or proof without the subscribing witness appearing in person before the Notary, or without following the procedures for remote notarization.
(4) Performing notarial acts in this state with the knowledge that the person is not properly commissioned.

Recordable Document Requirements

“The form and content of each notarial act on an instrument to be recorded in the public records, including the court system, must include the following:
“► an acknowledgment
“► a signature (or mark) of each party to the document
“► the signature of the notary
“► the notary’s seal of office by either ink stamp or embossed impression” (ANPTC).

Marriage Certificates

1. Special Considerations
   “► An Alabama marriage certificate should only be notarized when you and the individuals executing are physically present in Alabama.
   “► You must date the notarization the actual date the marriage certificate is signed in your presence, do not date retroactively or prospectively.
   “► Each signature should be individually notarized in the designated notary area for each signature.
   Include the date your commission expires in the designated space.
   “► Each party should sign using their current legal name, not their married name.
   “► If the marriage certificate is handwritten, it should be legible.
   “► Be certain that each spouse signs in the correct block that matches their information. Spouse 1 should sign in Block 25, and spouse 2 should sign in Block 26” (ANPTC).

2. Minors
   “► An individual under the age of eighteen (18) years old but at least sixteen (16) years of age, who has not been previously married, can execute a marriage certificate only if the parent/guardian executes the ‘Affidavit of Consent for Marriage of a Minor.’
   “► Be sure that the parent/guardian signs in the correct block that matches the minor’s information. For example, the parent/guardian of Spouse 1 would sign in Block 40 and you as the notary would sign in Block 46 and affix your seal to Block 44” (ANPTC).

Last Wills

“► It is very important that the self-proving form located at Ala. Code §43-8-132 (1975) be used when notarizing last will and testaments.
“► Please note that you cannot notarize the will and act as a witness. If you do so, your attendance at court will be required in order for the will to be probated.
“► Your seal must be affixed to the self-proving form portion of the will. Failure to do so may require attendance at court in order for the will to be probated” (ANPTC).

Undue Influence

“Any individual who knowingly solicits, coerces, or in any material way influences a notary to commit official misconduct is guilty as an aider and abettor and is subject to the same level of punishment as the notary” (COA 36-70-75[e]).

In-Person Electronic Notarial Acts

1. Applicable Law: Alabama has adopted the Uniform Electronic Transactions Act and its provision on notarization and acknowledgment, thereby recognizing the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (COA 8-1A-11).
   Alabama has adopted the Uniform Real Property Electronic Recording Act (COA 35-4-120 through 35-4-127), including the following provision: “A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (COA 35-4-122).

2. Technology Systems

   1. Approval of System Providers: Not required.

   2. List of System providers: Not provided.

Remote Notarial Acts

1. Applicable Law: Act 2021-319 of 2021 (Senate Bill 275), codified at Code Of Alabama 36-20-73.1 and effective July 1, 2021, authorized Notaries to perform remote notarial acts.

2. Registration: Not required. Alabama Notaries may perform remote notarial acts under the authority of their Notary Public commission without having to notify the probate judge of the county or the Secretary of State that they will be performing these notarial acts.

3. Technology Systems

   1. Approval of System Providers: Not required.

   2. List of System Providers: Not provided.

4. Original Signature for Remote Notarial Act: The effect of COA 36-20-73.1, requiring an “original” signature, is that a Notary Public must use an original signature when performing a remote notarization.
   “ORIGINAL SIGNATURE … [means a] signature signed directly onto a document in wet ink by a person who is named on the document” (COA 36-20-73.1[b][1]).

5. Audio-Visual Recording: For the requirement that Notaries Public who perform remote notarial acts create an audio-visual recording of each remote notarization, see “Records of Notarial Acts,” below.

6. Date and Time of Remote Notarial Act: “The official date and time of the notarization is the date and time the notary public witnessed the signature, including the date and time the signature was witnessed via two-way audio-video communication technology. All documents used during the two-way audio-video communication, shall be provided to the notary for his or her authentication and original signature” (COA 36-20-73.1[g]).

7. Validation of Remote Notarial Acts: “Any action taken before July 1, 2021, allowing for the remote notarization of signatures under the Emergency Management Act of 1955, Article 1 of Chapter 9 of Title 31, is ratified and confirmed” (COA 36-20-73.1[h]).

8. Absentee Ballot Application or Affidavit, Voting: “Remote notarization may not be used to notarize an absentee ballot application or an absentee ballot affidavit, or for any purpose related to voting” (COA 36-20-73.1[i]).

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Certificate Requirements for Recordation

“The form and content of any notarial act on an instrument to be recorded in the public records, including the court system, 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 by either ink stamp or embossed impression” (COA 46-20-72[b]).

Certificate Forms

Acknowledgment certificates for “conveyances and instruments of every description admitted to record” (COA 35-4-29) must be substantially in the forms prescribed by COA 35-4-29. The certificates, which specifically name a “conveyance,” may be modified appropriately to refer to the type of instrument acknowledged. The forms have been slightly modified below to conform with recent changes in Alabama law regarding the Notary’s jurisdiction and official seal.

Acknowledgment May Be Adopted to Particular Case

In the Alabama Supreme Court case Abney v. De Loach, 84 Ala. 393, 4 So. 757 (1887), the Court clarified that the form of acknowledgment used on a child adoption declaration for which no statutory form of acknowledgment is prescribed may conform to the acknowledgment certificate used for ordinary conveyances.

Improper Acknowledgments Cured

“When a validly executed instrument, not properly acknowledged and recorded, has for 10 years been of record in the office of the judge of probate, the original or a duly certified transcript thereof shall have the same force and effect as evidence as such original or transcript would have had had such instrument been duly acknowledged and recorded” (COA 35-4-72).

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Seal Requirement

1. Notarial Acts: “For the authentication of his or her official acts, each notary shall provide a seal of office, which shall present, by its impression or stamp, the name, office, and the state for which he or she was appointed” (COA 36-20-72[a]).
   “The form and content of any notarial act on an instrument to be recorded in the public records, including the court system, shall include … the signature of the notary public and their seal of office by either ink stamp or embossed impression” (COA 36-20-72[b]).

2. Acknowledgments No Longer Exempted: As a result of a law (Act No. 2011-295) that took effect January 1, 2012, Alabama Notaries must now affix a seal of office for every notarial act involving a document. According to the office of the Secretary of State, the act of acknowledgment is no longer exempted from the seal requirement, as it had been pursuant to an Alabama Attorney General opinion (Ala. Atty. Gen. Opinion 95-00289) of August 16, 1995.

3. Electronic Real Property Records: Not required.
   “A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (COA 35-4-122).

Seal Format

1. Embosser or Inking Stamp: Effective January 1, 2012, Alabama Notaries may use either an embosser or an inking stamp as an official seal (COA 36-20-72). Formerly, only an embosser was permitted.

2. Shape and Size: Not specified by statute, but circular Notary seals are widely seen in the state.

3. Components:

   1. Name of Notary;

   2. Notary’s office (“Notary Public”);

   3. Name of state (“Alabama”);

   4. “State at Large”.

Seal of Civil Law Notary

1. Seal Requirement: “The Alabama Civil-law Notary’s original handwritten signature and an original rubber stamp or embossed impression of the civil law notary’s seal shall be affixed by the civil-law notary to all documents executed by the civil-law notary while acting as an Alabama Civil-law Notary under Act No. 99-449. The civil-law notary shall not allow any other person to sign or seal a document using the civil-law notary’s official signature or seal” (Ala. Admin. Code 820-6-3-.01[2]). The signature and seal must be registered with the Secretary of State. See “Authentication of Notarial Acts” below.

2. Format of Seal: “The civil-law notary’s seal may be an embossing seal or a rubber stamp and may be circular or square in shape and shall not be more than two inches nor less than one inch in diameter if circular, or more than two inches on each side nor less than one inch on each side if square” (Ala. Admin. Code 820-6-3-.01[3]).

Examples

The below typical, actual-size examples of rubber stamp, embossing, and electronic Notary seals are allowed by Alabama law. Other formats may also be permitted.

Open

Open

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Records Requirement

1. Journal

   1. Notarial Acts: Not required.

   2. In-Person Electronic Notarial Acts: Not required.

   3. Remote Notarial Acts: Not required.

2. Recording of Remote Notarial Acts: Required.
   “A notary public only has to keep a record of notarial acts and communications where two-way audio-video communication is involved” (NPA).

Journal Recommendation

“It is highly recommended but not required that you maintain a notary journal. If you are using a notary journal, now would be the suggested time to add the entry. You should include the following:
“► the date and time of the notarization
“► the type of notarial act performed
“► a description of the document
“► the type of identification used
“► the fee charged
“► the printed name and address of the signer
“► the signer’s signature” (ANPTC)

Repeal of Journal

With legislative enactment of Act No. 2011-295 (Section 2) effective January 1, 2012, the requirement was repealed that each Alabama Notary “keep a fair register of all his official acts” (formerly COA 36-20-7). Also repealed were requirements in COA 36-20-8 through 10 related to delivery of these records to the county probate judges upon the Notary’s death, resignation, removal or commission expiration.

Notaries May Keep Records

Even with enactment of Act No. 2011-295, nothing prevents an Alabama Notary from continuing or beginning to keep a record of all official acts. Indeed, the benefits to the public and Notary of such a record have been extolled by officials in the office of the Alabama Secretary of State.

Audio-Visual Recordings

Required Information: The two-way audio-video communication recording shall contain all of the following:
“(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 this state.
“(4) A description of how the identification of the signatory was verified.
“(5) A clear image of any government issued identification, if applicable.
“(6) A clear image of the act of signing observed by the notary public” (COA 36-20-73.1[f]).

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Maximum Fees

“A notary public commissioned pursuant to this article is permitted a reasonable fee, not to exceed ten dollars ($10), for each notarial act performed” (COA 36-70-74).

Fee Prohibited

“No fee may be charged by a state, county, or municipal employee for a notarial act performed during, and as a part of, his or her public service, unless otherwise provided by law” (COA 36-70-74).

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Notary Signing Agents

Currently, there are no statutes, regulations or rules expressly governing, prohibiting or restricting the operation of Notary Signing Agents within the state of Alabama.

Closings but No Advice Permitted

A 1983 ruling by the Alabama Supreme Court allows real estate closings to be conducted by appropriately skilled nonattorneys as long as unauthorized legal advice or assistance is not provided to the involved parties at the closings — Coffee County Abstract and Title Co. v. State ex rel. Norwood, 445 So.2d852 (Ala. 1983).

In Coffee County, agents of a title company were accused of providing unauthorized legal advice during a real estate closing in which two single persons were purchasing a townhouse. When one of the purchasers asked the title agent about what would happen to the property’s title in the event of the death of either purchaser, the agent provided erroneous information — resulting in a later lawsuit.

The Alabama Supreme Court ruled in the case that it was the unauthorized practice of law for Coffee County Abstract and Title to be “conducting real estate closings in Alabama at which officers or employees of (the title company) give legal advice or express opinions as to the effect of legal documents, whether or not the closing is incidental to issuance of title insurance.” The Court pointed out, “If the parties to the transaction raise a legal question at the closing, the title company should stop the proceeding and instruct them to consult their attorneys.”

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Acknowledgments in Alabama

“Acknowledgments and proofs of conveyances may be taken by the following officers within this state: Judges of the supreme court, the court of civil appeals, the court of criminal appeals, circuit courts and district courts, and the clerks of such courts; registers of the circuit court, judges of the court of probate, and notaries public” (COA 35-4-24).

Acknowledgments in U.S. State or Jurisdiction

“Acknowledgments, proofs of conveyances, and affidavits may be taken within the United States and beyond the State of Alabama, by judges and clerks of any federal court, judges and clerks of any state court of record in any state, notaries public, commissioners appointed by the Governor of this state, the commissioner of deeds for the state wherein the acknowledgment is taken, or by any commissioned officer of any of the armed forces of the United States” (COA 35-4-26[a]).

“Notwithstanding any provision of this chapter, the acknowledgment of any instrument executed outside the State of Alabama which is in compliance with the manner and form prescribed by the laws of the place of its execution, is executed in a state, territory, or insular possession of the United States or the District of Columbia and is verified by the official seal of the officer before whom it is acknowledged, shall have the same effect as an acknowledgment in the manner and form prescribed by the laws of this state for instruments executed within the state” (COA 35-4-26[b]).

Affidavits in U.S. State or Jurisdiction

“Affidavits required in the commencement or progress of any action or judicial proceedings may be taken without this state before any commissioner appointed by the Governor of this state, any judge or clerk of a federal court, any judge or clerk of any court of record or any notary public, who shall certify under their hands and seals of office, if any” (COA 12-21-4).

Acknowledgments in Foreign Country

“Beyond the limits of the United States, the acknowledgments, proofs, and affidavits may be taken by the judges of any court of record, mayor or chief magistrate of any city, town, borough, or county, by any diplomatic, consular, or commercial agent of the United States, notaries public, or by any commissioned officer of any of the Armed Forces of the United States” (COA 35-4-26[a]).

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Notaries Public

1. County Probate Judges: Except in the case of apostilles, an authenticating certificate for an Alabama Notary must first be obtained from the county probate judge who has commissioned the Notary before a “certification” may be attached to a notarized document by the office of the Secretary of State. (In Jefferson County, the circuit court clerk issues authenticating certificates for Notaries.)

2. Secretary of State: Apostilles and certifications for Notaries are issued by the Secretary of State’s office. Notarized documents to be sent to countries that have not signed the Hague Convention on authentication must be accompanied by an authenticating certificate from the appropriate probate judge (website, “Authentications”).

   1. Address:
      Office of Secretary of State
      Authentication Division
      100 S. Union Street, Ste. 224
      Montgomery, Alabama 36130

   2. Phone: 1-334-242-5325

3. Fee: $5 (check or money order) per document for an apostille or authentication of a probate judge’s certificate. Payable to “Secretary of State.”

4. Procedure: Mail or present in person the original notarized document(s) and the appropriate fee(s). When mailed, an “Authentication Submittal Form” (available on the website) should accompany the notarized document(s). County authentication of the Notary’s commission is first necessary if the document will be sent to a non-Hague country. Any document received without a pre-paid, pre-addressed return envelope will be delivered to the original sender via the U.S. Postal Service. “Your document must have an original signature and embossed (raised) seal of a currently commissioned Alabama public official” such as a Notary, probate judge or circuit clerk (website, “Authentications”). According to the Authentication Division, all documents submitted in a foreign language must be accompanied by a notarized English translation.

5. Document Requirements: “What does my document need to be authenticated by your office? — Your document must have an original signature and embossed (raised) or ink stamped seal of a currently commissioned Alabama public official. See the section entitled “Types of Authentications” to determine which signatures should be applied to receive the authentication type you require” (“Authentications: The Handbook,” available for download from the Secretary of State’s website).

6. School Documents: “Should my school documents be notarized before I mail them to your office to be authenticated? — Yes. Documents with the signature of a school official and the school seal applied by the school registrar are not acceptable. Documents must be notarized by an Alabama Notary Public before the Apostille can be affixed to the document. If the document requires the Certification, it must be notarized and county authenticated before the document can be authenticated for foreign use” (“Authentications: The Handbook,” available for download from the Secretary of State’s website).

7. Foreign-Language Documents: “Will you authenticate my document if it is in a foreign language? — All documents in a foreign language must be accompanied by a notarized English translation. Failure to present an English translation will result in a rejection of your request” (“Authentications: The Handbook,” available for download from the Secretary of State’s website).

8. Federal Documents: “May I send my federal documents to your office to be authenticated? — No. Federal documents are not authenticated at the state level. Please contact the United States Department of State Authentications Office at 202-485-8000” (“Authentications: The Handbook,” available for download from the Secretary of State’s website).

9. Third Party Delivery: Can my document be sent to a third party by your office after it has been authenticated? — Yes. Documents may be directed to a third party when the sender encloses a pre-addressed, prepaid carrier envelope when mailing the documents to our office for authentication. Any documents received without a paid return envelope will be delivered to the original sender via United States Postal Service” (“Authentications: The Handbook,” available for download from the Secretary of State’s website).

Civil Law Notaries

“If certification of a civil law notary’s authority is necessary for a particular document or transaction, it must be obtained from the Secretary of State. Upon receipt of a written request from a civil law notary and the fee prescribed by the Secretary of State, the Secretary of State shall issue a certification of the civil law notary’s authority, in a form prescribed by the Secretary of State, which shall include a statement explaining the legal qualifications and authority of a civil law notary in this state. The fee prescribed for the issuance of the certification under this section or an apostille shall not exceed twenty dollars ($20) per document. The Secretary of State may adopt rules to implement this section” (COA 36-20-55).

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