New Law: The Notary Public Act
For those of you who are Alabama notaries, The Notary Public Act becomes effective September 1, 2023. Highlighted are the most relevant portions, but please read through it. In summary, the act revises certain provisions of the Alabama Code relating to Notaries Public. Some of the revisions are:
- Requires an applicant for a notary commission to complete a training program. Attorneys are not required to complete the training program. Persons who are currently notaries will not need to complete the training program until time to renew their commission.
- Specifies the acts of a notary that constitute a crime, namely:
a. Class C Misdemeanors
i. Taking an acknowledgment or administering an oath without the principal appearing in person before the notary or following the procedures for remote notarization
ii. Taking an acknowledgment or administering an oath or affirmation without personal knowledge or satisfactory evidence of the principal’s identity
b. Class D Felonies (requires intent to commit fraud or intentionally assisting in the commission of a fraudulent act)
i. Takes and acknowledgment, verification, proof, or administers an oath he or she knows or reasonably believes to be false
ii. Takes an acknowledgment or administers an oath or affirmation without the principal appearing in person before the notary or without following the procedures for remote notarization
