ALABAMA NOTARY SERVICES

                        WITNESS MY HAND AND SEAL

The role, function and powers of the Notary Public are vastly misunderstood.
There is a natural tendency to downplay the importance of notarizations in
executing legal documents and instruments. It seems that they are easily treated
as inconsequential. Whether the notarization is performed as a mailer of statutory compliance or as a means of enhancing the security of a transaction, it is an act and function of law. It is not inconsequential. Civil and criminal consequences of wrongful notarizations can be surprisingly severe. Attorneys are bond by the canons
of ethics to ensure the correct and truthful performance of notarizations under their
supervision. The prudent attorney ensures that notarizations under his supervision are
performed competently and truthfully.

A Notary Public that is not under the supervision of an attorney must be very careful
when notarizing documents. A document is not to be questioned unless you suspect
fraud or criminal activity. If that is the case, you must refuse the notarization. Remember,
severe criminal charges can be taken against the Notary Public for mis-use of their seal.
If you question or doubt a notarization...then don't do it.

TYPES OF NOTARIES

1. State-at-large; may perform duties of the office State-wide;

2. County; may perform duties of the office only in the County where
    applicant is appointed

3. Civil law notary; for attornies only


THE FUNCTION OF A NOTARY

A Notary Public is a public officer whose function is:

• To administer oaths; and

• To attest and certify, by his/her signature and official seal, certain classes of documents, in order
   to give them credit and authenticity; and

• To take acknowledgments of deeds and other conveyances and certify the same; and

• To perform certain official acts, chiefly in commercial matters, such as the protesting of notes and
   bills, the notice of foreign drafts, and marine protests in cases of damage.

NOTARY PUBLIC REQUIREMENTS FOR ALABAMA COUNTIES

1. Must be a registered voter in your home county or provide documentation
    establishing proof of residency, must be 18 years of age; and

2. Must be capable of posting bond in the required amount,counties
    may have a different fee; and

3. Must have a clean record, no criminal records.


NOTARY PUBLIC RESPONSIBILITIES

A. Must keep a journal of ALL notary acts; and

B. Must use a metal seal embosser, rubber inks seals are not allowed and if used, document
    can/may be contested; and  

C. For Notary Commission "expires date" authenticity: It is highly recommended that you 
    stamp the document with a rubber ink date stamp with your expiration date. This is proof
    of and verifies that your Notary Commission is current and has not expired.
    Handwriting your Notary expiration date on a document is not acceptable by most parties.

STEPS TO BE APPOINTED NOTARY PUBLIC

1. Complete notary application;

2. Submit notary bond for $10,000 from an
    insurance company which is a $50.00
    purchase;

3. Submit $15.00 filing fee payable to Montgomery
   County Judge of Probate; your county may
   have different fee variations;

4. Judge of Probate will mail approved certification
    to applicant within 3 weeks;

5. Notary seal, journal, and expiration date stamp is
    obtained from office supply company;

6. E & O Insurance (errors & omissions insurance) is
    highly recommended; the notary bond protects the
    signer, not the notary, therefore you must protect
    yourself
   

                                     Notary Public Code of Professional Responsibility
                                                            
Guiding Principles:

The Notary shall, as a government officer and public servant, serve all of the public in an honest, fair and unbiased manner.

The Notary shall act as an impartial witness and not profit or gain from any document or transaction requiring a notarial act, apart from the fee allowed by statute.

The Notary shall require the presence of each signer and oath-taker in order to carefully screen each for identity and willingness, and to observe that each appears aware of the significance of the transaction requiring a notarial act.

The Notary shall not execute a false or incomplete certificate, nor be involved with any document or transaction that is false, deceptive or fraudulent.

The Notary shall give precedence to the rules of law over the dictates or expectations of any person or entity.

The Notary shall act as a ministerial officer and not provide unauthorized advice or services.

The Notary shall affix a seal on every notarized document and not allow this universally recognized symbol of office to be used by another or in an endorsement or promotion.

The Notary shall record every notarial act in a bound journal or other secure recording device and safeguard it as an important public record. These records can be supeonded if needed by the court.

The Notary shall respect the privacy of each signer and not divulge or use personal or proprietary information disclosed during execution of a notarial act for other than an official purpose.

The Notary shall seek instruction on notarization, and  keep current on the laws, practices and requirements of the notarial office.