CHAPTER 820-6-3 RECORDS

(1) An Alabama Civil-law Notary’s original hand-written signature and seal shall be registered with the Office of the Secretary of State. Such registration shall be accomplished by placing the original hand-written signature and seal on a Form ACLN-4 prescribed by the Office of the Secretary of State entitled "Alabama Civil-law Notary Signature and Seal," which is form is set forth in the Appendix to this Division, and by filing it with the Office of the Secretary of State. No Alabama Civil-law Notary shall take any official action or execute any document as an civil-law notary until his signature and seal has been properly registered.

(2) The Alabama Civil-law Notary’s original handwritten signature and an original rubber stamp or embossed impression of the civil law notary’s seal shall be affixed by the civil-law notary to all documents executed by the civil-law notary while acting as an Alabama Civil-law Notary under Act No. 99-449. The civil-law notary shall not allow any other person to sign or seal a document using the civil-law notary’s official signature or seal.

(3) The civil-law notary’s seal may be an embossing seal or a rubber stamp and may be circular or square in shape and shall not be more than two inches nor less than one inch in diameter if circular, or more than two inches on each side nor less than one inch on each side if square.

(4) A registered signature and seal may be changed by applying to the Office of the Secretary of State at the address listed above for an additional "Alabama Civil-law Notary Signature and Seal" form. While the preceding form shall remain on file, the new form and its contents shall supercede the old form. An application to change a signature or seal shall be considered an amendment to the notary’s application and shall be accompanied by a processing fee of fifty dollars.

Author: Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §§36-20-50, et seq.

History: New Rule: Filed January 10, 2001; effective February 14, 2001.

Ed. Note: Formerly 820-X-12-.05, as per certification filed January 10, 2001; effective February 14, 2001.

(1) An Alabama Civil-law Notary’s protocol shall be maintained in a secure, fireproof location at the Alabama Civil-law Notary’s principal place of business.

(2) The protocol shall contain an original copy or photocopy of each of the Alabama Civil-law Notary’s authentic acts in date sequence, and an original photocopy of any supporting or related documents, which shall be permanently archived in the protocol. The protocol shall also contain, in date sequence, a photocopy or original copy of any document containing, incorporating or depending upon, an acknowledgment, oath or solemnization executed by the civil-law notary, which shall include a copy of any certificate made by the civil-law notary.

(3) The protocol shall contain or be accompanied by an index to its contents in date order. In addition to the date on which act, oath, acknowledgment, or solemnization was executed, each entry in the index shall identify the party or parties who paid the notary’s fee.

(4) The protocol shall be available for inspection by the Office of the Secretary of State during reasonable business hours and copies of any documents contained in the protocol shall be furnished to the Office of the Secretary of State upon request. The contents of the protocol shall otherwise be considered confidential and shall be made available only to persons who have a legal interest in a particular transaction.

(5) An Alabama Civil-law Notary who takes custody of the protocol of another Alabama Civil-law Notary’s protocol because of suspension or incapacitation shall maintain the protocol until the suspension period expires or the incapacitation is relieved. When an Alabama Civil-law Notary takes custody of another Alabama Civil-law Notary’s protocol because of revocation or death the custodial Alabama Civil-law Notary shall permanently maintain the protocol in accordance with this rule.

Author: Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §§36-20-50, et seq.

History: New Rule: Filed January 10, 2001; effective February 14, 2001.

Ed. Note: Formerly 820-X-12-.08, as per certification filed January 10, 2001; effective February 14, 2001.