SB322 / Alabama Act 2023-548

Alabama Act 2023-548

This is a very brief overview of what you need to know about Alabama Act 2023-548 that Governor Kay Ivey recently signed into law.  This Act becomes effective September 1, 2023.\

1. There will be a $25 fee for each Notary Commission issued. (See lines 33-43 of Act 2023-548).

2. There will be a $10 Application Fee. A Judge of Probate may accept or deny your application. (See lines 44-84 of Act 2023-548).

3. A bond must be obtained from an Alabama licensed insurance producer in the amount of $50,000 payable to the State of Alabama. (See lines 85-99 of Act 2023-548).

4. Each notarial act on an instrument to be recorded into public record must include your seal of office as well as your signature. (See lines 100-109 of Act 2023-548).

5. The signer must physically appear to the notary either in person or via a two-way audio-video communication to assure the identity of the signer. (See lines 110-185 of Act 2023-548).

6. A notary is permitted to charge a reasonable fee not to exceed $10 for each notarial act performed. (See lines 186-198 of Act 2023-548).

7. The commissioning Judge of Probate may issue a warning to a notary or restrict, suspend, or revoke a notarial commission for a violation of this article (See lines 199-205 of Act 2023-548).

8. Alabama Act 2023-548 outlines the unlawful actions of a notary that would be considered a Class C misdemeanor. (See lines 206-226 of Act 2023-548).

9. This Act further clarifies in detail the unlawful actions of a notary that would be considered a Class D Felony. (See lines 227-245 of Act 2023-548).

10. Any party to a notarial transaction may execute an affidavit alleging notarial misconduct or violations upon which the Alabama State Law Enforcement Agency will initiate an investigation. (See lines 246-266 of Act 2023-548).

11. Violation of any guidelines set forth in this act may result in the commissioning Judge or Probate ordering injunctive relief against the notary. In addition, the notary may be ordered to surrender and/or destroy their notary commission and seal (See lines 267-280 of Act 2023-548).