Alabama Notary cheat sheet

A notary public may perform acknowledgments, jurats, oaths and affirmations, copy certifications, and protest instruments for which the notary is authorized.

Personal appearance of the signer is required for acknowledgments and jurats; the notary must identify the signer by personal knowledge or satisfactory evidence.

A notary who is a party to, or has a direct beneficial interest in, the transaction may not notarize the document.

The notary must determine that the signer appears of sound mind and acts voluntarily; a notary may refuse to perform an act if the signer's willingness or competence is in doubt.

A notary public's jurisdiction is statewide in Alabama; acts performed outside the state are not Alabama notarial acts unless authorized by another state's law.

The notary must sign the certificate, affix the official seal or stamp, and include the date the notarial act was performed.

A notary may not notarize the notary's own signature and may not certify a document the notary personally prepared as a party.

For a jurat, the notary administers an oath or affirmation and records that the affiant swore or affirmed the truth of the statement in the notary's presence.

An acknowledgment certificate states that the signer personally appeared, was identified, and acknowledged executing the instrument voluntarily for its stated purpose.

A jurat certificate states that the affiant personally appeared, was sworn or affirmed, and signed in the notary's presence.

A copy certification must state that the copy is a true, exact, complete, and unaltered copy of the original, and the notary must compare the copy to the original.

The certificate must include the venue (state and county), the date, the notary's signature, the notary's name as commissioned, and the expiration date of the commission.

The official seal or stamp must be legible and include the notary's name, the words 'Notary Public,' the state, and the commission expiration date.

A signature-witnessing act requires the notary to confirm the identity of the principal and that the witness was present and observed the signing.

If the certificate is on a separate sheet, the notary must identify the document to which it relates and attach it securely.

A notary may correct a clerical error in a certificate by striking through and initialing, or by adding a dated correction; the notary may not alter the signer's signature.

An applicant must be at least 18 years old, a resident of Alabama or otherwise qualified under law, and able to read and write English.

The application is filed with the judge of probate in the county of the applicant's residence, with the required fee and a bond if required.

The applicant must take and file an oath of office and, where required, post a surety bond conditioned on faithful performance of duties.

The judge of probate reviews the application and, if satisfied the applicant meets the qualifications, issues the commission.

The notary's commission term and the expiration date are stated on the commission; the notary must obtain a seal or stamp before performing acts.

A notary must notify the probate office of a change of name or address and may need to obtain a new commission or amended records.

A commission terminates on the expiration date, on resignation, on removal, or on the notary's death; a new application is required to be recommissioned.

A notary may not perform a notarial act with intent to deceive or defraud, and may not knowingly notarize a document containing a false statement.

A notary may not charge a fee exceeding the statutory maximum and may not demand compensation for performing an act the notary is required to perform without charge.

A notary may not use the title or seal to advertise or promote a business in a manner that implies official endorsement or special authority.

A notary may not disclose confidential information learned through performing a notarial act except as authorized by law or required by subpoena.

A notary who violates the notarial law may be subject to civil liability for damages caused by the violation, and to criminal penalties for willful misconduct.

The judge of probate may revoke a commission or refuse to renew it for cause, including fraud, dishonesty, or failure to comply with the law.

A notary is personally liable for the notary's own negligent or wrongful acts; a surety bond may provide a remedy to injured parties but does not shield the notary from liability.

A notary must retain records or copies of notarial acts as required by law and produce them on lawful request.