Alabama Notary flashcards

33 cards. Read the term and the definition here. The deck at the top of this page is optional.

Notary public definition

A public officer commissioned by the state who is authorized to administer oaths, take acknowledgments, certify copies, and perform other specified notarial acts within the state.

Acknowledgment

A notarial act in which the notary certifies that the signer personally appeared, was identified, and acknowledged executing the instrument voluntarily for its stated purpose.

Jurat

A notarial act in which the notary certifies that the affiant personally appeared, was sworn or affirmed, and signed the document in the notary's presence.

Oath administration

The notary's act of requiring a person to swear or affirm to the truth of a statement or to the faithful performance of a duty, invoking a binding commitment.

Personal appearance

The requirement that the signer or affiant be physically present before the notary at the time of the notarial act, unless remote notarization is authorized by law.

Satisfactory evidence of identity

Identification based on the notary's personal knowledge of the signer or on a government-issued photo identification that is current or recently expired.

Copy certification

A notarial act in which the notary certifies that a copy is a true, exact, complete, and unaltered reproduction of an original document the notary has examined.

Notarial disqualification

A notary may not perform a notarial act if the notary is a party to the transaction, has a direct beneficial interest, or would receive a benefit from the act.

Venue on certificate

The state and county in which the notarial act is performed, stated at the top of the certificate to establish the place of the act.

Acknowledgment certificate

A written statement in which the notary certifies the signer's personal appearance, identification, and voluntary acknowledgment of executing the instrument for its stated purpose.

Jurat certificate

A written statement in which the notary certifies the affiant's personal appearance, the administration of an oath or affirmation, and the signing in the notary's presence.

Official seal or stamp

The required impression or stamp containing the notary's name, the words 'Notary Public,' the state, and the commission expiration date, applied legibly to each certificate.

Certificate date

The date on which the notarial act is performed, which must be stated on the certificate and may differ from the date the document itself was signed.

Separate certificate attachment

When a certificate is not printed on the document, the notary must identify the document to which it relates and attach it securely to that document.

Signature witnessing

A notarial act in which the notary confirms the principal's identity and that the witness was present and observed the principal sign the document.

Clerical correction

A correction to a notarial certificate made by striking through the error, initialing, and dating the change, without altering the signer's signature or substantive terms.

Commission expiration date

The date on which the notary's commission terminates, which must appear on the official seal or stamp and on each notarial certificate.

Certificate completeness

A notarial certificate must identify the signer, state the act performed, include the venue and date, and bear the notary's signature and official seal or stamp.

Age requirement

An applicant for an Alabama notary commission must be at least 18 years old and able to read and write English to perform notarial duties.

Probate judge filing

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

Oath of office

The sworn commitment a newly appointed notary must take and file before performing notarial acts, affirming faithful performance of the duties of the office.

Surety bond

A bond, where required, conditioned on the notary's faithful performance of duties, providing a remedy to persons injured by the notary's misconduct.

Issuance of commission

The probate judge's act of approving a qualified applicant and issuing the commission that authorizes the notary to perform notarial acts for the term stated.

Change of name or address

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

Termination of commission

A commission ends on its expiration date, on resignation, on removal by the probate judge, or on the notary's death; recommissioning requires a new application.

Recommissioning

The process of applying again for a notary commission after the prior commission has expired or terminated, requiring a new application and oath.

Notarial fraud

Knowingly performing a notarial act with intent to deceive or defraud, or notarizing a document known to contain a false statement, which is prohibited and subject to penalties.

Fee limits

A notary may not charge more than the statutory maximum fee for a notarial act and may not demand compensation for acts the notary must perform without charge.

Confidentiality duty

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

Civil liability

A notary is personally liable for damages caused by the notary's negligent or wrongful notarial acts, and a bond may provide a remedy to injured parties.

Revocation of commission

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

Improper use of seal

Using the notary title or seal to advertise or promote a business in a way that implies official endorsement or special authority is prohibited.

Record retention

A notary must keep records or copies of notarial acts as required by law and produce them on lawful request by a court or authorized official.