Q: What is a Notary Public? What is required to be a Notary Public? How do you become a Notary Public? Where do you apply to become a Notary Public?
A: The Notary's term of office is four years and is applicable state-wide. He/She is an officer of the state of Alabama and is appointed by the Probate Judge of their county. As the name implies, a Notary Public is a public officer located in the community so that he or she may be of service to the public. Our laws consider certain instruments of such importance that they must be signed by the maker in the presence of a public officer.
The Notary's primary duties includes asking for a picture I.D. before the notarization is executed. It does not matter how well you know the signer. A picture I.D. must be present and this information must be entered into your notary journal. It's your duty as a notary public that you must follow the Alabama Attorney General's notary law guide lines. You should only question a document if you feel there may be fraud involved. This fraud must be reported to the Alabama Attorney General's Office. Should you have an elder person that needs a document notarized, please be careful. You may need to ask very carefully if they are aware of what he/she is signing. The Notary is not authorized to practice law or give legal advice. The Notary may not take acknowledgements over the telephone or take an acknowledgement because he recognizes the signature or a friend states that it is the person's signature. If appointed, you must never take an acknowledgement unless the acknowledger appears before you, otherwise, the whole purpose is defeated and this will prevent fraud and forgery.
Notaries are important because they provide safety to business transactions. But, unless the notary does the job correctly, serious legal problems can resultÂ… for the notary!
Every notary in America has a legal duty to know 4 important principles:
1
Know your state's notary laws;
2
Know the difference between notary laws and notary folklore (the former are binding upon you, the latter will only get you into trouble);
3
Know the standards of reasonable care for every notarial act; and;
4
Know to STOP the notarization if you feel that fraud is present.
For more information, click on the tab: Become A Notary
Q: I have recently married, I have recently re-married, I have recently divorced and assumed my maiden name, how do I change my last name on my notary commission?
A: You must continue to use your name as recorded on your notary commission certificate. You can not change your name until your notary commission renewal date. I highly recommend that 1 month before your renewal date, you must purchase a new notary bond, complete a new notary application and submit these documents including the name change document to the probate office indicating why your name was changed. The name change document would most likely be a document such as a divorce decree, marriage certificate, or simply just a name change document that has been previously accepted and recorded in the probate office.
Q: When I notarize a document, where do I apply my embossed seal, does it go directly over or on-top of my signature?
A: The embossed sealed should neverbe applied over or on-top of your signature. Apply your embosser seal as close to your name as possible without covering your signature. Some documents do not allow enough space to apply the embossed seal, in that case apply it on the left or right side of the page nearest to your signature.
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