Section 36-20-70 - Appointment and commissioning; terms; jurisdiction; fees and reports of judge of probate(a) A competent number of notaries public for the state at large shall be appointed and commissioned by the judges of probate of the several counties of the state and shall hold office for four years from the date of their commission. Notaries public shall perform all the acts and exercise all authority under the general laws of the State of Alabama. The jurisdiction of the notaries public shall not be limited to the counties of their residence and shall extend to any county+ of the state. The judges of probate shall collect a fee of twenty-five dollars ($25) for each notary commission issued. The judges of probate shall also report to the Secretary of State the name, county of residence, date of issuance, and date of expiration of the commission of each notary public appointed and commissioned under this subsection.(b) All existing notaries public functioning on January 1, 2023, shall continue to function pursuant to their existing authority for the remainder of their existing commission.(c) Each applicant for notary public commission shall pay a ten dollar ($10) application fee. A Judge of probate may accept or deny any application for notary public commission, as developed by the Alabama Probate Judges Association and the Alabama Law Institue, and shall deny an application for notary public commission on any of the following grounds: (1) The applicant is not a resident of this state.(2) The applicant makes the application to a judge who is not the judge of probate of the county of the applicant's residence.(3) The applicant has been convicted of a felony or crime of moral turpitude.(4) The applicant is currently a debtor in a bankruptcy proceeding.(5) The applicant is under a current order adjudicating him or her incapacitated.(6) The applicant provides false information on the application.(7) The applicant is unable or unwilling to successfully complete the training program required in subsection (e) within 30 days after submitting his or her application. This time frame may be extended by the judge of probate upon good cause shown.(d) A notary public is not an insurer but is under a duty to act honestly, skillfully, and with reasonable diligence. A notary public shall not perform an acknowledgment in any transaction where he or she has a pecuniary interest.(e) Before being commissioned, an applicant for a notary public commission shall successfully complete a training program prepared by the Alabama Probate Judges Association and the Alabama Law Institute that reinforces and updates the applicants knowledge of all matters relevant to the appointment, authority, duties, and legal and ethical responsibilities of a notary public. An attorney who is commissioned as a notary public under this article is not required to complete the training requirement. A notary public who is commissioned as of the effective date of this act shall be required to complete the training requirement upon submitting an application for the renewal of his or her expired commission.Ala. Code § 36-20-70 (1975)
Amended by Act 2023-548,§ 1, eff. 9/1/2023.