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Executive Order

AL Governor Fifth Supplemental Proclamation (2020)

Notary Law Update: AL Governor Fifth Supplemental Proclamation (2020)

State: Alabama

Summary:

Alabama Governor Ivey has issued a revised proclamation now allowing all Alabama Notaries to perform remote ink signed notarizations during the COVID-19 state of emergency.

Signed:  April 02, 2020

Effective:  April 03, 2020

Chapter: N/A

Affects:

All Alabama Notaries Public.

Changes:
  1. Authorizes all, and not just some, Alabama Notaries to perform notarial acts and confirm the signatures of witnesses using videoconferencing programs.
  2. Requires Notaries to keep an audiovisual recording of each notarial act performing for remote signers and maintain the recording for five years.
  3. Provides that any person who witnesses a document through audiovisual technology may be considered an "in-person" witness provided the presence and identity of the witness is validated by the Notary at the time of signing by the same methods required under current law.
  4. Provides that the official date of notarization of a notarial act performed using videoconferencing technology is the date and time when the Notary witnesses the signature via videoconference.
  5. Requires all documents to be returned to the Notary for certification and execution.
  6. Provides that any notarizations previously performed under the previous March 26, 2020, proclamation are valid.
Analysis:

This Fifth Supplemental Proclamation broadens the authorization to perform videoconference notarizations so that now any Alabama Notary may perform them. Under the Fourth Supplemental Proclamation, only Notaries who are licensed attorneys or under the supervision of licensed attorneys could perform these acts. This new proclamation requires the Notary to keep an audiovisual recording of the notarization for a period of five years.

Read the proclamation.

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