Notaries public existing prior to January 1st, 2012 shall continue to function pursuant to their existing authority for the remainder of their existing commission. Code of Alabama § 36-20-70(b).
How to Become a Notary Public:
Prerequisite: You must be a Lee County, Alabama resident to apply in Lee County.
Step 1: Complete Notary Public application (Download).
Step 2: Take application to an insurance company to obtain a Notary Public Bond in the amount of $25,000.00.
Step 3: Bring or send application, notary bond and $36.00 fee to the Probate Judge’s office. (Bond must be signed by applicant in front of a notary public prior to arrival.) If sending application by mail, please include a self-addressed, stamped envelope so that our office may return your recorded documents.
Step 4: Application and Bond will be recorded by the Probate Judge’s Office. A report of your appointment will also be made to the Alabama Secretary of State. A Notary Public certificate will be issued stating the notary’s commission date and expiration date.
Step 5: Notary is responsible for acquiring his or her own notary seal or stamp.
Frequently Asked Questions:
HOW LONG DOES A COMMISSION FOR A NOTARY LAST?
Four years from the date of the commission. Code of Alabama § 36-20-70 (a).
IS A NOTARY REQUIRED TO HAVE A SEAL?
Yes. In order to authenticate the official acts of the notary, each notary must provide a seal or stamp. The impression of this seal or stamp must provide the name, office, and the state for which he or she was appointed. Code of Alabama § 36-20-72.
WHAT MAY A DULY APPOINTED NOTARY PUBLIC DO?
May administer oaths in all matters incident to the exercise of their office.
Take the acknowledgement or proof of instruments of writing relating to commerce or navigation and certify the same and all other of their official acts under their seal of office.
Demand acceptance and payment of bills of exchange, promissory notes, and all other writings 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.
Exercise such other powers, according to commercial usage or the laws of this state, as may belong to notaries public.
Code of Alabama § 36-20-73.
WHAT FEES MAY A NOTARY COLLECT FOR SERVICES?
Notaries public are entitled to the sum of five dollars ($5) for carrying out any of the enumerated powers listed above. Code of Alabama § 36-20-74.
WHAT IS THE PENALTY FOR PERFORMING A NOTARIAL ACT WITHOUT A COMMISSION OR AN EXPIRED COMMISSION?
If any person willfully performs a notarial act without being a notary or after their commission has expired, they are guilty of a Class C misdemeanor and subject to imprisonment for not more than three months and/or a fine not more than $500.00. Code of Alabama §§ 36-20-75, 13A-5-7, 13A-5-12.
IS A NOTARY PUBLIC SUBJECT TO IMPEACHMENT AND REMOVAL FROM OFFICE?
Yes. A notary may be impeached and removed from office for willful neglect of duty, corruption of office, incompetency, excessive use of liquors or drugs to such an extent in view of the dignity of the office and importance of its duties it makes the notary unfit to perform the duties of the office, or commits any offense involving moral turpitude. Code of Alabama § 36-11-1.
WHAT ACTION SHOULD I TAKE IF I WANT TO RENEW MY NOTARY COMMISSION?
If none of your personal information has changed, you may renew by bringing an updated bond and the $36.00 fee to the probate office on or before the expiration date of your commission.
If your notary commission has expired, you will need to complete a new application, provide an updated bond, and the $36.00 fee.
WHAT SHOULD I DO IF I CHANGE MY LEGAL NAME AND MY COMMISSION IS NOT YET EXPIRED?
You will be required to complete a new application, provide an updated bond, and a new $36.00 fee to become commissioned in your new name.
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.
PLEASE BE AWARE THAT THE INFORMATION ON THIS WEBSITE MAY BE SUBJECT TO CHANGES IN STATE AND FEDERAL LAW. PLEASE FEEL FREE TO CONTACT OUR OFFICE IF YOU HAVE ANY QUESTIONS PRIOR TO ARRIVAL