Ala. Admin. Code r. 820-6-3-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 820-6-3-.02 - The Alabama Civil-Law Notary's Protocol

(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.

Ala. Admin. Code r. 820-6-3-.02

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

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

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