Alabama Frequently Asked Questions
The following are the most commonly asked questions by our Alabama customers. If your question is not listed, feel free to contact us for an answer.
What is the purpose of a notary public?
A notary public is a person of integrity who is appointed to act as an impartial witness to the signing of an important transaction and to perform a notarial act, which validates the transaction. A notary’s primary purpose is to prevent fraud and forgery by requiring the personal presence of the signer and satisfactorily identifying the signer.
What is a notary bond?
The notary bond is a type of surety bond issued by an approved surety company to protect the public against any wrongdoing on the part of the notary. The surety company guarantees to the public that you, as a notary public, will perform your duties in accordance with the law, and if you do not, the company will pay any damages caused by the incorrect notarization up to the amount of the bond.
What amount of bond is required in Alabama?
The law requires the notary bond to be in the amount of $50,000.
Do I have any liability as a notary, and can how I limit it?
Yes, as a notary, you are liable for performing your duties accurately. Mistakes can lead to significant consequences, such as someone losing their property or a multimillion-dollar transaction being voided. If this happens, a court might hold you responsible for the loss and issue a judgment against you. Most bond companies require reimbursement if they pay a claim on your behalf, and you would be liable for any amount not covered by your bond.
To limit your liability:
- Know and follow Alabama's notary laws.
- Take responsibility for your own notary education.
- Stay informed about changes in the law.
- Never make exceptions for anyone.
- Use reasonable care and common sense in performing your duties.
- Carry errors and omissions insurance.
- Keep a record book.
I'm already a notary, how can I obtain an E&O policy?
Even though you didn't get E&O insurance when you became a notary or renew your commission, you can still get coverage now. We offer prorated E&O policies, which means you can pay for the remaining time you have left on your commission. Just head over to the 'Insurance' tab to browse options and find the policy that best suits your needs.
Here's an example: Let's say you renewed your commission today without E&O insurance. A year later, you decide you would be more comfortable with insurance and want a $25,000 policy. In this case, you would be purchasing a policy for the remaining three years of your commission. Thus, the policy would be prorated.
Note: A renewing notary is not eligible for a prorated policy at the time of their renewal, simply because they are purchasing a full E&O policy to cover them for their entire four-year term.
Am I required to keep a record of my notarial acts (notary journal)?
Alabama notaries are not legally required to keep a record book with details of each notarial act performed, but the Secretary of State's Office strongly advises it. A record book (journal) can help you recall past notarial acts if you need to testify in court, and can serve as evidence that you followed proper procedures.
Why should I keep a record book?
Record books are an inexpensive way to keep a record of every notarization you perform. There are several advantages, including:
- A record book can serve as a reminder of the steps of notarization.
- A record book may protect you against a claim of negligence or impropriety.
- A record book may help prove you notarized a document when there is a question about your signature or when the notarial certificate is destroyed or marred in some way.
- A record book can refresh your memory about a notarization you do not recall.
- A record book is reliable as evidence in court if you have to testify about a notarization.
- A record book not only protects you, but may also protect your customer and your employer.
What are the requirements to become a notary?
In order to become a notary in Alabama, you must be:
- At least 18 years old
- A resident of Alabama
- A resident of the county where applying/appointed
- Complete the required training program (prepared by the Alabama Probate Judges Association and the Alabama Law Institute) within 30 days after submitting the application to the Judge of Probate's Office
What disqualifies you from becoming a notary in Alabama?
There are a few things that can prevent you from becoming a notary public in Alabama. These are:
- Convicted of a felony or crime of moral turpitude
- Currently a involved in a bankruptcy proceeding
- Under a current court order declaring you incapacitated
- Provide false information on the notary application
Please be advised that the Probate Court's staff will check Alabama Judicial records to see if you've been a defendant in a criminal case or a subject to a bankruptcy proceeding.
Can a non-resident become a notary in Alabama?
No, you must be a resident of Alabama.
How do I complete the training course?
You will need to visit the Alabama Probate Judges Association's website, and click on the link in step 4. At the end of the course, you will need to print the course completion certificate as you will be required to file it with your notary bond.
How do I obtain a notary bond?
Visit our website and select either 'Become a Notary' or 'Renew Your Notary.' Select one of our notary packages, enter your information, and customize your package. Upon checkout, you will receive instructions for completing the process. If you have already filed the application and received your appointment letter, proceed to step 2 of the instructions.
How long does a notary commission last in Alabama?
Notary commissions in Alabama are valid for a term of four years.
How do I pay for my order?
We accept Visa, MasterCard, American Express, and Discover credit cards. We also accept check and money orders by mail.
When can I expect to receive my purchase?
Generally, you can expect your purchase to arrive within 5 to 7 business days after we receive notification of your appointment. However, please allow up to 12 business days for any carrier delays.
May I cancel or change my order?
This will depend on how far along your order is in the process. Orders are processed as quickly as possible; therefore, once your order has been marked as "shipped" on your account page, it is too late to modify or cancel the order. If you think you have made a mistake with your order, please contact customer service. We will see if there is something we can do to help.
Is a notary required to use a seal?
Yes, all Alabama notaries are required to use a seal. The law allows the use of either a rubber stamp or a metal embosser as your notary seal. Notary Public Underwriters offers either seal in several styles, all of which comply with Alabama law.
What do I do if my seal is lost or stolen?
If your seal is lost or stolen, report it to the office of the probate judge in your county and provide them with a written statement regarding it.
What do I do if my name changes?
If a notary changes their name, they would continue performing notarization with the name shown on their current notary commission until it's time to renew. At renewal, they can update their name.
What does it mean to "notarize a signature"?
“Notarize a signature” is a generic phrase used when administering an oath or taking an acknowledgment, the two most common notarial acts.
What is the venue?
"State of ______, County of ______"
This notation is called the venue. It is the location of the notarization - not the county where you live or work.
Can I notarize a document for a family member?
Alabama law does not prohibit a notary from notarizing documents for spouses or immediate family members. However, it is best practice not to do so as you would compromise your role as an impartial witness and may jeopardize the validity of an important transaction.
May I notarize my own signature?
No. Notarizing your own signature violates the requirement for impartiality.
May I perform a notarization when I am a party?
No. If you are a party to the transaction or if you have a financial interest in the transaction, you may NOT be the notary for this transaction. You would not be impartial, and the transaction could be deemed unlawful or unenforceable.
May I assist a client with legal documents?
No, not unless you are an attorney licensed to practice law in Alabama. Furthermore, you may not explain the contents of a document or give any advice about the document. If you do, you may be found guilty of the unauthorized practice of law.
Can a notary use a signature stamp to notarize a document?
No. The notary's original, wet ink signature is required on the document.
Can an Alabama notary officiate a marriage in Alabama?
As of August 29, 2019, Alabama notaries can notarize a couple's marriage affidavit. However, the statute listing individuals authorized to solemnize marriages in Alabama has not been repealed. Therefore, we advise notaries not to present themselves as marriage officiants unless they are also an individual named in Code of Alabama Sec. 30-1-7 (a)-(c).
What are the penalties for performing a notarial act in Alabama without a valid commission?
Performing a notarial act without being an Alabama notary or with an expired Alabama notary commission is considered a Class C misdemeanor. If someone knowingly performs a notarial act without a proper commission with the intent to commit fraud or intentionally aids in fraudulent activities, they are guilty of a Class D felony.
Can an Alabama notary be reported for notary misconduct?
Yes. Any party to a transaction that involves a notarial certificate can file an affidavit with the Secretary of State or your probate judge. Once received, the Alabama State Law Enforcement Agency will conduct an investigation and refer their findings to a district attorney for prosecution.
How do I file a claim against a notary's bond?
A bond is required by the State to be available in order to compensate any individual harmed as a result of a breach of duty by the notary. Individuals harmed can file a claim against the notary's bond for financial damage.
Claims may occur due to signatures which are forged, incomplete, or otherwise defective in real estate transactions, motor vehicle transfers, and cases where the validity or date of a document may be an issue.
In order to file a claim against a notary bonded through our company, you will need to submit the following:
- Copy of the improperly notarized document
- Proof of error or fraud by notary
- Letter stating the amount of financial damage or loss caused by the notarization
Please send the above information to:
Claims Department
Notary Public Underwriters
P.O. Box 7457
Tallahassee, FL 32314-7457
Or fax to:
888-979-7063
Attn: Claims Department
For all questions regarding the status of your filed claim, please contact CNA Surety at 800.331.6053.
Who do I contact to check on the status of a claim?
For all questions regarding the status of your filed claim, please contact CNA Surety at 800.331.6053.
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