Alabama notary laws are set out in Alabama Code Sections 36-20-70 through 36-20-75, and they govern who can be commissioned, what a notary is allowed to do, and what happens when the rules are broken. Notaries are appointed by county probate judges for four-year terms. Since September 1, 2023, every new or renewing applicant must complete a pre-commission training program, and the required surety bond has doubled to $50,000. Violations can cost you your commission, a misdemeanor charge, or, for the most serious conduct, a Class D felony.
Who Can Become a Notary in Alabama
You must be at least 18, an Alabama resident, and able to read and write in English. Felony convictions disqualify you unless your civil rights have been restored.1Alabama Secretary of State. Notaries Public
How to Get Commissioned
Applications go through the probate judge’s office in the county where you live. You submit the Alabama Application for Notary Public Commission, pay a $10 non-refundable fee, and obtain a surety bond.2Houston County, Alabama Probate Office. Notary Public – Probate Office
Alabama Code Section 36-20-71 requires new notaries to carry a $50,000 surety bond, payable to the State of Alabama, obtained from an Alabama-licensed bond producer and approved by the probate judge before you perform any notarial acts.3Alabama Legislature. Alabama Code 36-20-71 – Bond Notaries commissioned before September 1, 2023 continue on their existing bond until their current term ends.
The bond is not insurance. It protects the public. If someone files a successful claim because of a notarization error, the bonding company pays the claimant and then comes after you for reimbursement.
Pre-Commission Training
Since September 1, 2023, every new applicant and every notary renewing a commission must complete pre-commission training before the probate judge will issue the commission. The program was developed by the Alabama Probate Judges Association and the Alabama Law Institute. Licensed attorneys commissioned as notaries are exempt.1Alabama Secretary of State. Notaries Public
Once the probate judge approves the application, the commission runs for four years. Your name on the application, the bond, and the training certificate all need to match exactly, so check before filing.
What a Notary Can Do
Alabama Code Section 36-20-73 lists the authorized notarial acts. The scope is narrower than many people assume, and stepping outside it is a common reason commissions get revoked.1Alabama Secretary of State. Notaries Public
Oaths and Affirmations
You can administer oaths and affirmations, both legally binding. An oath invokes a higher power; an affirmation carries the same weight without religious language. Both are common for affidavits and sworn statements. The person must appear before you, and you must verify identity through government-issued identification or personal knowledge. A defective oath undermines any affidavit built on it.
Acknowledgments
An acknowledgment confirms that a person signed a document voluntarily and recognizes the signature as their own. You’ll see these on deeds, mortgages, and powers of attorney. Alabama Code Section 35-4-26 governs acknowledgments for conveyances and requires the signer to appear before the notary.4Alabama Legislature. Alabama Code 35-4-26 – Acknowledgment You’re not vouching for the truth of the contents, only for identity and willingness to sign. Knowingly certifying a false acknowledgment can still lead to criminal liability.
Copy Certifications
You can certify that a photocopy is a true reproduction of an original document, such as a diploma or a business record. Compare the copy to the original, then affix your seal and a certification statement. You cannot certify copies of vital records like birth certificates, death certificates, or marriage licenses, or any other document the issuing government agency can certify itself. Those come from the relevant office.
Commercial Paper Protests
Alabama notaries also have authority to demand acceptance and payment of bills of exchange, promissory notes, and other commercial instruments, and to formally protest them for nonacceptance or nonpayment.1Alabama Secretary of State. Notaries Public It rarely comes up in modern practice, but it remains a valid function.
What You Can Charge
Alabama Code Section 36-20-74 caps notary fees at $10 per notarial act.5Alabama Legislature. Alabama Code 36-20-74 – Fees The cap is per act, so three separate signatures on three separate documents can be billed up to $10 each. State and municipal employees can’t charge for notarial acts performed as part of their public duties unless a separate law allows it.
The $10 cap covers the notarization itself. Travel fees charged by mobile notaries are not regulated the same way. If a quote runs well above $10 for a single act, ask what the extra charge is for.
Seal and Recordkeeping
Every Alabama notary must have an official seal. Under Alabama Code Section 36-20-72, the seal displays the notary’s name, the words “Notary Public,” the state name, and the commission expiration date. Affix the seal and your signature to every document you notarize. A notarization without a proper seal can be treated as legally defective.
Alabama does not require traditional in-person notaries to keep a journal, but doing so is strongly recommended. If a dispute later arises over whether a notarization occurred or how you verified identity, the journal is your evidence. Remote online notaries face stricter rules and must retain the audio-visual recording of each session, stored securely.
Remote Online Notarization
Alabama authorized remote online notarization effective July 1, 2021, under Alabama Code Section 36-20-73.1.6Alabama Legislature. Alabama Code 36-20-73.1 – Attestations and Remote Notarization The notary uses two-way audio-video communication to witness the signature in real time, verifies the signer’s identity through the platform, and receives the documents for authentication and original signature.
Remote notarization applies only to electronic documents. Paper documents requiring wet-ink signatures still need in-person notarization. Alabama law also prohibits using remote notarization for absentee ballot applications, absentee ballot affidavits, or anything related to voting.6Alabama Legislature. Alabama Code 36-20-73.1 – Attestations and Remote Notarization Remote notaries must use an electronic seal and digital signature that comply with state regulations.
What Notaries Can’t Do
A few lines get crossed more often than others, and crossing them is where notaries get into serious trouble.
- Notarize without the signer present. Whether in person or through authorized remote technology, you have to witness the signature. Notarizing a pre-signed document or one where the signer is absent is fraud.
- Practice law. If you’re not a licensed attorney, you cannot draft legal documents, give legal advice, or help someone fill out legal forms. In communities where “notario público” implies broader authority, the distinction matters. A notary commission does not authorize immigration advice, court representation, or document preparation.
- Notarize your own documents. You cannot notarize anything in which you are a named party or have a direct financial interest.
- Notarize for close family. Alabama law does not explicitly prohibit it, but a 1994 Alabama Attorney General opinion recommended against notarizing for a spouse or immediate family member because impartiality can be challenged. Refer them to another notary.
- Act on an expired commission. Once the four-year term ends, you have no authority until you renew. Performing acts anyway is a criminal offense.
Penalties for Violations
Alabama Code Section 36-20-75 sets the criminal penalties. Anyone who performs a notarial act after their commission expires, knowing it has expired, or who assumes notary authority without ever holding a commission, commits a Class C misdemeanor.7Alabama Legislature. Alabama Code 36-20-75 – Violations
The 2023 amendments expanded the penalty framework. The revised statute lets the Secretary of State and probate judges warn, restrict, suspend, or revoke a commission, and it created a Class D felony penalty for the most serious offenses.1Alabama Secretary of State. Notaries Public Conduct that once drew only administrative action can now carry substantial criminal consequences.
Common grounds for discipline include fraudulent notarization, failure to verify identity, improper use of the seal, and conflicts of interest. Complaints go to the probate judge in the county where the notary is commissioned. Outcomes range from a warning to permanent revocation, depending on severity and whether anyone suffered financial harm.
Surety Bond vs. Errors and Omissions Insurance
New notaries often confuse the mandatory surety bond with insurance. They aren’t the same. Your $50,000 bond protects the public. If your mistake causes a financial loss, the claimant files against the bond, the bonding company pays, and you owe the bonding company back.3Alabama Legislature. Alabama Code 36-20-71 – Bond
Errors and omissions insurance protects you. It covers legal defense and damages if you’re sued over a notarization mistake, with no reimbursement obligation. It can also cover situations where someone forges your seal or signature without your knowledge. Alabama doesn’t require E&O coverage, but for anyone notarizing real estate or financial documents regularly, the annual cost is modest compared with the exposure.