Notary Public

 

Notary Public

The office of a Notary Public is a serious and responsible public office and should not be taken lightly. Abuse of the office or irresponsibility in the performance of notarial duties can result in grave consequences. If a Notary Public has doubts about the propriety of any action, he or she should seek competent professional advice before he or she acts.

DEFINITIONS OF A NOTARY PUBLIC

A Notary Public is a public officer whose function it is

1. To administer oaths; and
2. To attend and certify, by his or her signature and official seal, certain classes of documents, in order to give them credit and authenticity; and
3. To take acknowledgments and deeds and other conveyances and certify the same; and
4. To perform certain official acts, chiefly in commercial matters, such as the protecting of notes and bills, the notice of foreign drafts, and marine protests in cases of damage.

REQUIREMENTS TO BE APPOINTED A NOTARY PUBLIC IN AUTAUGA COUNTY

Must be a resident of Autauga County and must be capable of posting bond in the required amount.

 

TYPES OF NOTARIES

Effective January 1, 2012, all new notaries appointed in Alabama are State-at-Large. If you are currently appointed as County notary, you are not considered State-at-Large

 Notary Public Frequently Asked Questions:

What are the basic requirements to be ap pointed as a Notary Public?

You must live in Autauga County and provide proof of residency.                                                                                                                                                                               You must be registered to vote in Autauga County                                                                                                                                                                                                           You must be capable of posting a bond in the state required amount of $25,000.                                                                                                                                                         You must be at least 18 years of age.

What is the filing/recording fee in Autauga County?

$20.00 payable by cash, check, credit card or money order.

Do I have to come to Probate Court?

NO, you may mail your application if you choose to the following address: Notary Department Probate Court of Autauga County, 176 West 5^th Street, Prattville, Alabama 36066

How long does it take to get my appointment letter after I mail in or hand deliver my application?

You can typically expect to receive your appointment letter within 2 weeks.

What if my application is rejected?

You will receive a letter from the Judge of Probate with instructions on what to do next.

Where can I obtain/purchase my $25,000 Surety Bond?

Almost any insurance company can provide you with the required bond. Please make sure the company/agent issuing the bond is a Licensed Producers in State of Alabama and recognized by the Alabama Department of Insurance.

When should I purchase my $25,000 Surety Bond?

After receiving your official Appointment Letter from the Judge of Probate. It is important that the bond NOT be dated prior to the actual appointment date.

I am currently a Notary, what is the renewal process?

There is no renewal process. You must submit a new application each time your current commission expires.

How long is my Notary commission good for?

Your notary commission and bond is good for 4 years.

Do I need a Notary Seal or Stamp?

YES, these are available through most office supply stores or any number of websites. Probate Court does not supply the seal/stamp or make any recommendations regarding where to purchase.

After completing the application process and recording my bond at Probate Court, what do I get?

You will receive your Notary Card and official “Notary Commission”. You are now eligible to perform any legal Notary act.

Where can I find out more about Notaries Public?

Visit the Alabama Secretary of State website: http://sos.alabama.gov/administrative-services/notaries-public

For  more information about Notary Public, you may want to purchase the handbook, A Manual for Notaries Public, published by the Young Lawyer’s Section of the Alabama State Bar. The manual cost is $5.00.

Contact:
Katherine L. Church
Alabama State Bar
P.O. Box 671
Montgomery, AL 36101

You may also access the link to the State Legislature to obtain notary public information in the Code of Alabama (Section 36-20-1) at: http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm

Steps to be Appointed Notary for State Employees

1. Complete notary public application (click here)
2. Submit official letter from supervisor on department letterhead confirming your coverage under the State Blanket Bond policy
3. Submit $20.00 filing fee payable to Judge of Probate
4. Judge of Probate will mail approved certification to applicant within a reasonable time
5. Notary seal is obtained from office supply company by applicant

Mail your documents to the following address:
Kimberly G. Kervin
Judge of Probate
176 West Fifth Street
Prattville, AL 36067
Attention: Recording Department
334.361.3731

NOTARIES PUBLIC MAY DO ALL THE FOLLOWING:

1. Administer oaths in all matters incident to the exercise of their office
2. Take the acknowledgement or proof of instruments of writing relating to commerce or navigation and certify the same and all other of the office acts under their seal of office.
3. Demand acceptance and payment of bills of exchange, promissory notes, and all other writing which are governed by the commercial law as to days of grace, demand, and notice of nonpayment and protest the same for nonacceptance or nonpayment and to give notice thereof as required by law.
4. Exercise such other powers, according to commercial usage of the laws of this state, as may belong to notaries’ public.

WHAT FEES MAY A NOTARY COLLECT FOR SERVICES?

Notaries Public are entitled to the sum of five dollars ($5.00) for carrying out any of their enumerated powers.

DOES A NOTARY PUBLIC HAVE TO KEEP RECORDS OF EACH NOTARIAL ACT?

No. A Notary Public no longer must keep a record of all their notarial acts.

WHAT IS THE PENALTY FOR PERFORMING A NOTARIAL ACT WITHOUT A COMMISSION OR AN EXPIRED
COMMISSION?

Any person who, having been a Notary, willfully performs or assumes the authority to perform a notarial act after their commission expires, or any person who without a notary’s commission assumes the authority and performs a notarial act shall be guilty of a Class C misdemeanor.

ALSO, REFER TO THESE WEBSITES FOR INFORMATION:

• Alabama Secretary of State at sos.alabama.gov
• The American Society of Notaries
• The National Notary Association
• Notary.Net
• Notarylaw.com
• NotaryPublicStamps.com
• NotaryBonding.com

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THIS INFORMATION, WHICH IS BASED ON ALABAMA LAW, IS TO INFORM AND NOT TO ADVISE. NO PERSON SHOULD EVER APPLY OR INTERPRET ANY LAW WITHOUT THE AID OF A LAWYER WHO ANALYZES THE FACTS, BECAUSE THE FACTS MAY CHANGE THE APPLICATION OF THE LAW.