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New Notary Public Law Takes Effect

September 8, 2023

By Thomas McCutcheon

Senate Bill 322 (Alabama Act 2023-548) took effect September 1, 2023 which changes Alabama’s notary public law.  Any existing notaries who were functioning on January 1, 2023 shall continue to be governed by the former law throughout their existing commission.  All others shall have to comply with the newly enacted law. 

The cost of becoming a notary public has increased.  Under previous law, probate judges were authorized to charge a $10 fee for each commission issued; that fee has now been raised to $25.  Notary public applicants must also pay a $10 application fee. 

Probate judges may not grant notary public commissions to any applicant who is not a resident of Alabama or who applies for a commission in a county where he or she does not reside.  Those who have been convicted of a felony crime of moral turpitude or who are currently a debtor in a bankruptcy proceeding are ineligible to receive a notary public commission.  

Any applicant for a notary public commission must complete a training program prepared by the Alabama Probate Judges Association and the Alabama Law Institute unless he or she is an attorney.  Moreover, any notary public who was commissioned as of September 1, 2023 shall be required to complete this training program when he or she submits an application for renewal of that commission.  

The new law increases the bond required of a notary public from $25,000 to $50,000.

mccutcheon & hamner

Notarized instruments must include an oath, acknowledgement and signature of each party, or his or her mark, and the signature of the notary public and his or her seal of office by an ink stamp or embossed impression.  Unless otherwise provided by law, the notary’s signature must be an original and the individual whose signature is being notarized must appear in person and sign directly in wet ink.  It seems that this will eliminate electronic signatures. Reach out to a personal injury lawyer.

Buckle up, drive safely, and as always, your referrals are appreciated!  256-764-0112

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