Alabama SB 54 - More than just a Senate Bill for Notaries

It's been nearly six years since Senate Bill 54 became law in January 2012, affecting thousands of notaries throughout Alabama.   So why blog about it now?  Well, it isn't the first time and it won't be the last because there are still hundreds, if not thousands, of notaries who never heard of it.

SB 54 is important because it is the only document that outlines Alabama's current Notary Public duties and requirements.  Everything else that existed previously was replaced by SB 54.  If a notary still relies on instructions and handbooks dated prior to 2012, she's using outdated information which could pose problems down the line.

Most notaries will have tons of questions after reading the law. It is silent about the use of notary journals, credible witnesses, and copy certifications.  It does address the notary fee increasing to $5.00; but says nothing about the types of ID notaries should accept to identify signers, and if we can notarize for family members.

As someone who notarizes 10-20 signatures a week, and trains other notaries, I find the lack of a true handbook to be frustrating and challenging.  If I teach class strictly by what's outlined in SB 54, it would take less than thirty minutes, and notaries still wouldn't know the difference between an Acknowledgement, Jurat and Copy Certification (the three most common notarial acts).  So instead, I combine Alabama Notary Law (SB 54) with nationally-accepted, notary best practice.  I am careful to explain the difference to students and let them decide how to proceed.  For now, it's the best I can do.

A copy of SB 54 in its entirety is found on our website (Notaries for Alabama).  For more information about notary classes and other events, call our office or join us on Facebook where we have a private group, and where all commissioned Alabama notaries are welcome.

The Importance of Networking for Professional Notaries

I was reminded earlier this month of the importance and benefits of networking with others.  Our office at Notaries for Alabama receives about ten calls every week from people looking for a notary public.  Since I no longer reside in Jefferson County, Alabama I've been referring those requests to notaries in that area. I have a list of men and women who provide traveling notary services in Birmingham, Montgomery, Mobile and Huntsville.

Last week a call came in from an attorney who was in a bind. He needed an experienced notary to meet with him, nurses, doctors and other professionals for 1 1/2 days screening potential clients for a case.  The notary would notarize signatures on Affidavits.  He was offering $25 per hour.

I thought about accepting the assignment myself. I didn't have any appointments scheduled for those days and the work sounded interesting.  The problem, however, was that it would take me 1 1/2 hours to drive from my home to Jefferson County one-way. When I calculated the gas and time on the road for the trip there and back just didn't make sense.  So I sent a text to the list of notaries I knew who covered that area.  Everyone on the list is affiliated with Notaries for Alabama in some form or fashion. Some are paid members of the group and have been for 2-3 years.  Others, are former students of Notary Basics - a 4 1/2 hour training class sponsored by Notaries for Alabama.  Everyone on my list had asked me to send work their way when requests came in  Thankfully, a guy who had attended a recent Notary Basics training class was interested in the assignment.  He was also a notary signing agent  I gave him the attorney's name and number and told him the fee the attorney offered and then explained it was up to him to accept the attorney's fee or set his own fee.  Later that night I received a text from the attorney thanking me for locating the notary.

Fast forward to three days ago.  I was back in Birmingham for our notary group's final membership meeting for the year.  Notaries for Alabama has been holding meetings in Birmingham since 2013. The notary who took the assignment was there. It was his first member meeting.   I hadn't talk to him since I referred that job to him.  During a break he thanked me again for the work.  I asked him to tell the group about it and he did.  He said once he had a better understanding of what was required of him and the scope of the project he asked the attorney for more money. When he left the assignment he had earned just a little more than $1,000.00 - for 1 1/2 days of notary work.  Not bad, right?

Notaries for Alabama has been in existence since 2013. Its main objective was and continues to be to provide training, mentoring and networking opportunities to Alabama's notaries.  We've accomplished that and more.  If you are a notary or are interested in becoming one, make sure we have your name and email address so that we can make you aware of training and networking events around the state. If you aren't connected to other notaries, or to a notary group or association you're missing out.

Make sure you're connected in 2017.  You can reach us at www.notariesforalabama.com.

"To Whom Much Is Given, Much is Required" - Except for Alabama Notaries

As a rule, I try and keep religion and business separate. It was advice given to me years ago, and it's served me well so far.  Although the lines between religion and business are often blurred here in the Bible Belt, I tend to err on the side of caution and keep the two separate.  But today I feel a need to venture into grey matter and quote a familiar Bible text:  Luke 12:48, KJV.

"But he that knew not, and did commit things worthy of stripes,
shall be beaten with few stripes.
For unto whomsoever much is given, of him shall much be required:
and to whom men have committed much, of him they will ask the more".

In my family, when the elders quoted this text, it served as a reminder that a three-year old cousin might be excused for throwing a tempter tantrum in church, but don't let a thirteen year old try it.   This text served another purpose.  Those of us with talents like singing, playing an instrument, or having keen memorization abilities, were expected to use our "God-given-gifts" at church, school and in the community.  To do otherwise would be considered dishonorable, and, yes, a sin.

So what does this have to do with notaries?  Hear me out.

Being a Notary in any state brings with it a lot of responsibility. A notary's signature and stamp on a piece of paper carries a lot of weight.  Depending on where you live, it's required to adopt a child and give up a child. Going on vacation?  If both parents aren't traveling and trip is to take Little Bobby outside the U.S.?  You need a notary.  Selling a car or a house?  Notary.  Wills, Affidavits, Power of Attorney. Dial 1-800-Notary. Birth, Marriage and Death Certificates all require a notary's stamp. I'm serious. Take a look at yours. And the list goes on.

So, how does the notary learn the proper steps to follow when executing his/her duties?  Well, in Alabama that's left entirely up to the Notary.  Alabama doesn't require any training.  Nope.  None. Nada.  No kidding.  Some notary's look for training online or locally.  Others ask other notaries what to do.  And a few just wing it. I'm not making this up.

And how do Alabama Residents know for sure whether the notary they go to knows what he/she is doing? Most won't know until it's time to execute the form, and sometimes that's too late.  How do I know all of this?  Because not only am I an Alabama Notary, but I also need my signature notarized on documents from time to time.  I cringe when a Notary fails to place me under oath even though the form requires it.  More than once I've had to tell the notary what information should be printed by him/her on the blank lines of the notary certificate.  Talk about awkward. Why give a person's position so much authority and not require training is beyond me.

Christ is speaking in Luke 12:48 and He suggests mercy will be shown to the sinner who unknowingly errs.  I hope when a notary's mistake comes to light, the Alabama's judicial system will be equally merciful.

Two years ago, The Alabama Code - Notary Section was amended (SB54, enacted in January 2012 ). Among other things, it increased the notary fee from fifty cents to five dollars. A step in the right direction, right?  But, wait.  SB 54 also did away with the requirement to have notaries maintain a record/journal of documents they notarize, and the name of the person(s) signing the form.  One step forward and two steps back. SMH.

Apparently, the wheels of Alabama's justice system seem to be turning quite nicely despite the lack of notary training.  I have not heard of any major problems in the News.  Have you?  So maybe I'm making a big deal for no reason. But if other states see the need to require training, or at least provide notaries with an instructional handbook, why not Alabama?  I'm just saying.

To whom much is given, much is required?  Ummm...I don't know.  Maybe.  But when it comes to notaries, I guess it depends on which state you reside.

To Journal or Not To Journal? That Is The Question.

At least that's the question every Alabama Notary must answer for him and herself.  Why?  You think the answer is obvious, right?  Well, it isn't in the State of Alabama.  You see, in Alabama, the Notary's role and responsibilities are outlined in the Code of Alabama.  And it doesn't matter whether you read the Code from ten years ago, or the Code as it is today after several changes, you won't find any mention of a Notary Journal being a requirement.  Whether this is an oversight on lawmakers' part, or not, many Notaries interpret this to mean that keeping a journal of their acts isn't require, or optional, at best.

When looking to notary laws in states like California, Maryland, New York, it's clear that a Journal is required.  Even our notary neighbors in Mississippi have rules that address journal keeping.  So you see, it isn't another one of those North vs. South things at all.  Mind you, Alabama isn't the only state that doesn't require its notaries to record their activities.  Lawmakers in the State of Florida have been considering making journals a requirement (HB 0407).  As of two weeks ago, it was announced that HB 0407 died before reaching the senate floor.  Ask Florida Notaries how they feel about the matter, and they seemed to be split - some for the requirement and others against it for different reasons.

For members of Notaries for Alabama, maintaining an official record of our actions makes good sense.  It is considered to be an industry best practice by the nation's largest notary association, the National Notary Association (NNA).  In their booklet, 12 Steps to a Flawless Notarization, the NNA writes, "A detailed journal of notarial acts is the Notary's best defense against lawsuits, because it can prove that Notary used reasonable care" (Page 34).

If this were a research paper I would need to go into explaining what reasonable care is...yada, yada.  But it isn't.  This is a blog and I've written way more than I had intended to write already.  Personally, on two separate occasions, I believe my Journal kept me from having to testify in court when documents notarized by me were later contested by the signer's family members.  My journal reminded me of the date, time, document, notarial act, and signer identification info.  For one entry, I had even included notes of comments made by the signer that reassured me, at the time, that he knew full well what he was doing.  Once I shared this information with the attorneys, in writing and verbally, it was decided there was no need for me to appear in person for any other part of the hearings.

Maintaining a Journal causes the notary to slow down and record information each time he/she applies the seal to a document.  It prompts or reminds the notary to examine the signer's identification and record the the ID #. The journal prompts notaries to indicate whether the act he/she is performing is a Jurat or Acknowledgement - which in turn serves as a reminder (when appropriate) to place the signer under Oath. Trust me, I had no desire to spend time at a courthouse, sitting in a witness chair answering questions about an appointment that happened nearly a year earlier.

A Journal is one of the first things that the Notary's insurance company will ask about when it receives a claim naming the Notary in a lawsuit.  Members of Notaries for Alabama will learn more about this on September 18th when a representative from an Alabama insurance agency will speak to the group on "Notary Bond and Error and Omissions Insurance:  What Every Notary Should Know, But Doesn't".

For me, the decision is an easy one.  I've never been one to gamble and my luck so far has been mediocre.  I will continue to maintain a Journal whether the State of Alabama requires it or not.  Notaries for Alabama considers journalkeeping to be a wise decision and it is strongly encouraged.  This is what we teach in our training classes (Notary Basics:  Training for Alabama Notaries).  This is what we promote each and every time we have the opportunity to do so.  What's your decision?

If you're an Alabama Notary and would like to attend our networking meetings in and around central Alabama, or learn more about proper notarization techniques through formal training, contact our group by visiting our websites, or by calling or emailing us:  (205) 626-9399 and Notaries4Alabama@Gmail.com. We'd love to connect with you.  You can also find us on Twitter, Facebook and Google+.

Do you know an Alabama Notary who could benefit from training?  If so, Notary Basics:  Training for Alabama Notaries will be conducted on Friday, June 27th from 10:00 am to 2:00 pm at the Homewood Public Library.  The fee is $35.  For more information or to register, send us an email or check us out here.

Neither Rain, nor Sleet, nor Snow...the mail must go through.

More than three hundred Jefferson County notaries have heard about Notaries for Alabama since its inception one year ago.  Some received a postcard, others an email or personalized letter.  We've been reaching out to Alabama's Notaries in a variety of ways offering basic notary training, mentors, clinics and opportunities to meet and network with other notaries.

With more than twenty-two thousand commissioned notaries in the State of Alabama, we are a very long way from our goal of contacting each and every one.  The response so far has been mixed.  Most are thrilled to learn that there is finally a place to call or go to with general questions and inquiries.  Some have no interest in doing anything more.  A few can't wait to attend the next meeting or training session.

Two months ago, on Friday, February 28th, Notaries for Alabama conducted its first Notary Basics Training class.  Students learned how to notarize documents correctly in Alabama.  Sounds simple, right? Not necessarily.  Although it isn't rocket science, there are different notorial acts (Acknowledgement, Jurat, Certification, to name a few) and each one requires the notary to do something slightly different. Feedback from Notary Basics students was overwhelmingly positive.

If you hold an active notary commission, you don't have to wait to receive one of our letters or postcards.  In fact, you don't have to be a notary.  We offer training and mentoring classes, and will be hosting a community service event in November.  Our group's website is NotariesForAlabama.com. You can also reach us by phone at (205) 626-9399, on Facebook, Twitter and on Meetup.com.  Connect with us.  You'll be glad that you did.

The Right Message at the Right Time

When I announced that Notary Basics for Alabama Notaries - a notary training class - would use the National Notary Association's (NNA) "Twelve Steps to a Flawless Notarization" as its primary textbook, I was asked why.  My answer was simple:  Cost and Content.

For less than ten dollars, "Twelve Steps" provides the most amount of information for the least amount of money.  The NNA makes it plain in the Introduction:

                             "The purpose of this book is to explain the critical elements of proper
                               notarization and to help Notaries use reasonable care".  [Page 6]

In other words, the NNA made the decision to focus on what really matters - the basics.  And, in my opinion, they did an exceptional job.  By covering less information the author's were able to go "deeper" and in greater detail, while still leaving room for each state's requirements to be added without taking anything away from "Twelve Steps" and visa versa.  "Twelve Steps" is a soft-back book - light enough and small enough to carry easily in a notary bag.  Not a bad idea for new notaries.

While "Twelve Steps" is perfect for covering the basics - we at Notaries for Alabama knew it was equally important for Notary Basics to include Alabama-specific requirements.  For that, we turned to "A Manual for Notaries Public in the State of Alabama" - a document few Notaries know anything about.  It was published by The Young Lawyers' Section of The Alabama State Bar.  The last copyright date was 2007. Although some information is out of date (i.e., it refers to a $10,000 bond requirement, when it was increased to $25,000 two years ago); it has timely information concerning Oaths, Journal Keeping and Notary Liability.  As the Lead Trainer for Notary Basics for Alabama Notaries, I feel confident that students will leave the class with more knowledge and skills than they had when they arrived.

Notary Basics training will be held on Friday, February 28, 2014 from 9:30 am - 4:30 pm at the Homewood Public Library, in Homewood, Alabama.  The cost is $35.

If you're a first-time Notary Public, or a commissioned Notary who never received formal training, Notary Basics may be right for you.  For more information, call (205) 626-9399.  You can also register online at Meetup.com.

Notary Basics: Training for Alabama Notaries

"An investment in knowledge pays the best interest".

- Benjamin Franklin

In just a few weeks, Alabama Notaries will have an opportunity to test Franklin’s assertions. Notary Basics for the Alabama Notary Public is a six (6) hour, classroom-based, live training that will be held at Homewood's Public Library, in Birmingham, Alabama, on Friday, February 28, 2014 from 9:30 - 4:30 pm.

Notary Basics is ideal for first-time notaries, or commissioned notaries who have never received training. Students will leave the class with reference material and knowledge of how to complete accurate notarizations in accordance with Alabama requirements.  The cost is: $35.  Registration is required in advance of the training class.

To register, send an email to Notaries4Alabama@Gmail.com.  Make sure you include:
1.  Your first and last name
2.  Phone Number
3.  Email Address
4.  Home/Resident County in Alabama (for Commission requirementgs)

To learn more or register online, go to http://www.meetup.com/Alabama-Notary-Training/.  You can also call (205) 626-9399.