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Notary Records: "Now" and "Later"

When obtaining and using a record book, notaries generally devote their most careful consideration to "now" matters: choosing a desirable format and design; creating thorough entries; and doing both in compliance with applicable state-specific requirements.

There is, however, an essential "later" component of notarial recordkeeping. Without it, the purpose of recordkeeping is undermined and many Notaries may find they have failed to fully comply with their state laws.

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Texas: Governor's Temporary Suspension of Appearance Before a Notary Public for Acknowledgment of Real-Estate Instruments; Authorization to Use Audio-Video Communication

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Alabama: Temporary Authorization of Remote Notarization Under Governor’s Fifth Supplemental State of Emergency Proclamation – Procedures for Consideration

Effective April 2, 2020 and for the duration of the declared public health emergency unless rescinded or extended by proclamation.
View the Proclamation…

This Proclamation gives all commissioned Alabama Notaries the ability to officiate for notarization of wet-signed paper documents, using videoconference technology to enable presence before the Notary of the principal signer and any witnesses.

An earlier Proclamation limited this authority to Alabama Attorney-Notaries and Notaries being supervised by an Alabama Attorney, but those limitations are now lifted. The April 2, 2020 Proclamation granting these powers expires at the end of Alabama's declared public health emergency unless it is rescinded or extended.

American Society of Notaries offers the following procedural steps for consideration.

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Notary Public Underwriters Celebrates 35 Years of Service

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COVID-19 Notarization Procedures - Social Distancing With Physically Present Principals

To fight the spread of coronavirus, Notaries in many states are temporarily authorized to perform notarial acts using audio-visual technology instead of requiring the physical presence of the principal signer. 

For Notaries whose states have not temporarily waived or suspended the physical presence requirement, American Society of Notaries offers these social distancing procedures for consideration.

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