Section 36-20-75 - Violations(a) The commissioning judge of probate, or his or her successor in office, may issue a warning to a notary or restrict, suspend, or revoke a notarial commission for a violation of this article and on any ground for which an application for a commission may be denied under this article. A period of restriction, suspension, or revocation does not extend the expiration date of a commission.(b) Except as otherwise permitted by law, an individual who commits any of the following acts is guilty of a Class C misdemeanor: (1) Holding one's self out to the public as a notary without being commissioned.(2) Performing a notarial act with an expired, suspended, or restricted commission.(3) Performing a notarial act before taking an oath of office.(4) Charging a fee for a notarial act in excess of the maximum fee allowed by this article.(5) Taking an acknowledgment or administering an oath or affirmation without the principal appearing in person before the notary or following the procedures for remote notarization set out in this article.(6) Taking an acknowledgment or administering an oath or affirmation without personal knowledge or satisfactory evidence of the identity of the principal.(7) Taking a verification or proof without personal knowledge or satisfactory evidence of the identity of the subscribing witness.(c) A notary is guilty of a Class D felony if he or she does any of the following with the intent to commit fraud or to intentionally assist in the commission of a fraudulent act: (1) Takes an acknowledgment, or a verification or proof, or administers an oath or affirmation he or she knows or reasonably believes to be false.(2) Takes an acknowledgment or administers an oath or affirmation without the principal appearing in person before the notary, or without following the procedures for remote notarization set out in this article.(3) Takes a verification or proof without the subscribing witness appearing in person before the notary, or without following the procedures for remote notarization set out in this article.(4) Performs notarial acts in this state with the knowledge that he or she is not properly commissioned under this chapter.(d) For purposes of enforcing this chapter, all of the following are applicable:(1) Any party to a transaction requiring a notarial certificate for verification and any attorney licensed in this state who is involved in such a transaction in any capacity, may execute an affidavit and file it with either the Secretary of State or the judge of probate who issued the commission to the notary public, setting forth the actions which the affiant alleges are violations. Upon receipt of an affidavit, the Secretary of State or judge of probate shall forward the affidavit to the Alabama State Law Enforcement Agency. Upon receipt of the affidavit, the Alabama State Law Enforcement Agency shall initiate and carry out, on their own or in coordination with local law enforcement agencies, investigations of violations. Founded investigations shall be referred to the appropriate district attorney for prosecution.(2) Resignation or expiration of a notarial commission does not terminate or preclude an investigation into the conduct of a notary by the Secretary of State, a judge of probate, or a law enforcement agency who may pursue the investigation to a conclusion, whereupon it may be a matter of public record whether or not the finding would have been grounds for disciplinary action.(3) The commissioning judge of probate may order injunctive relief against any individual who violates this chapter including, but not limited to, ordering the surrender and destruction of a notary commission and a notary seal.(e) Any individual who knowingly solicits, coerces, or in any material way influences a notary to commit official misconduct is guilty as an aider and abettor and is subject to the same level of punishment as the notary.Ala. Code § 36-20-75 (1975)
Amended by Act 2023-548,§ 1, eff. 9/1/2023.