THIS SECTION WAS AMENDED IN THE 2001 3rd SPECIAL SESSION, EFFECTIVE SEPTEMBER
26, 2001. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
For purposes of this article, the following terms shall have the following
meanings:
(1) AUTHENTIC ACT. An instrument executed by a civil law notary
referencing this article, which includes the particulars and capacities to act
of transacting parties, a confirmation of the full text of any necessary
instrument, the signatures or their legal equivalent thereof of any transacting
parties, the signature and seal of a civil law notary, and such other
information prescribed by the Secretary of State.
(2) BREVET. A private document in which the civil law notary attests
to the authenticity of the signature or signatures, a fact or a contract.
Brevets may be used, among other things, to certify signatures, prescribe oaths,
certify a translation or a copy of a document that is not part of the civil law
notaries protocol, or certify the identity of any object or thing.
(3) CIVIL LAW NOTARY. A person who is admitted to the practice of law
in this state, who has practiced law in a United States jurisdiction for at
least five years, and who is appointed by the Secretary of State as a civil law
notary.
(4) MINUTE. An authentic act written by a civil law notary which
contains the exact narration of a finding of fact or facts influencing the
rights of private parties of which the civil law notary has personal knowledge
and that due to the nature of the authentic act does not constitute a contract
or juridical business. The types of minutes include, but may not be limited to,
the following:
a. General minutes. A minute providing a certification of general
facts known to the civil law notary.
b. Minutes of notoriety. A minute providing a certification that a
fact is generally known by the people who have a direct or close relationship
with the factual situation or its consequences, or who belong to the social or
economic environment of the person affected by a particular fact.
c. Minutes of correction. A minute for the purpose of rectifying minor
errors in form or omissions made by the civil law notary in prior authentic
acts.
d. Minutes of addition. A minute for the purpose of including a
document in the civil law notary’s protocol in order to provide for preservation
of the document; limited memorialization of domestic private documents and/or
execution of foreign legal documents.
(5) NOTORIAL DEED. An authentic act in which contains a contract,
transaction or other juridical act and which may also include the certification
of facts. Notarial deeds may involve either a single party, as in the case of a
will, or multiple parties, as with a contract.
(Act 99-449, § 1; Act 2001-967, § 1.)
Section 36-20-51
Alabama international notaries.
THIS SECTION WAS AMENDED IN THE 2001 3rd SPECIAL SESSION, EFFECTIVE SEPTEMBER
26, 2001. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) The Secretary of State shall have the power to appoint civil law notaries
and administer this article.
(b) A civil law notary is authorized to issue brevets, minutes, and notorial
deeds and thereby may authenticate or certify any document, transaction, event,
condition or occurrence. A civil law notary may also administer oaths and make
certificates thereof when necessary for execution of any writing or document to
be attested, protested, or published under the seal of a notary public. A civil
law notary may also take acknowledgments of deeds and other instruments of
writing for record.
(c) The authentic acts, and oaths and acknowledgments of a civil law notary
shall be chronologically recorded in the civil law notary’s protocol in a manner
prescribed by the Secretary of State.
(d) The civil law notary may, without prejudice to his duty to ensure
professional confidentiality, issue certified copies of authentic acts to
individuals who, in his or her opinion, have a legitimate interest in the
contents of an authentic act. Certified copies of authentic acts shall have the
same legal force and effect as the original.
(e) A civil law notary is obligated to do the following:
(1) Draw up authentic acts in accordance with their knowledge and
comprehension and such documents shall clearly reflect the wishes of the
contracting parties duly adopted to legal requirements necessary for the
documents to have full legal force and effect.
(2) Represent the transaction itself in the creation of the authentic act.
For this purpose, the civil law notary acts as an intermediary where there are
multiple parties to a transaction.
(3) Use his or her best efforts to advise all parties to the transaction
equally, accurately, fully and impartially regarding the nature and legal
consequences of the transaction.
(4) Refrain from representing any party in any matter arising from or related
to the civil law notary’s authentic act.
(Act 99-449, § 2; Act 2001-967, § 1.)
Section 36-20-52
Rules of procedure.
THIS SECTION WAS AMENDED IN THE 2001 3rd SPECIAL SESSION, EFFECTIVE SEPTEMBER
26, 2001. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
The Secretary of State may adopt rules prescribing all of the following:
(1) The form and content of authentic acts, oaths, acknowledgments, and
signatures and seals or their legal equivalents.
(2) Procedures for the permanent archiving of authentic acts, maintaining
records of acknowledgments, and oaths, and procedures for the administration of
oaths and taking of acknowledgments.
(3) The charging of reasonable fees to be retained by the Secretary of State
for the purpose of administering this article.
(4) Educational requirements and procedures for testing applicants’ knowledge
of all matters relevant to the appointment, authority, duties or legal or
ethical responsibilities of a civil law notary.
(5) Procedures for the disciplining of civil law notaries, including, but not
limited to, the suspension and revocation of appointments for failure to comply
with the requirements of this article or the rules of the Secretary of State, or
for misrepresentation or fraud regarding the civil law notary’s authority, the
effect of the civil law notary’s authentic acts, or the identities or acts of
the parties to a transaction.
(6) Bonding or errors and omissions insurance requirements, or both, for
civil law notaries.
(7) Other matters necessary for administering this article.
(Act 99-449, § 3; Act 2001-967, §1.)
Section 36-20-54
Construction.
THIS SECTION WAS AMENDED IN THE 2001 3rd SPECIAL SESSION, EFFECTIVE SEPTEMBER
26, 2001. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) The powers of civil law notaries include, but are not limited to, all of
the powers of a notary public under the laws of this state.
(b) This article shall not be construed as abrogating the provisions of any
other act relating to notaries public, attorneys, or the practice of law in this
state.
Alabama Code 36-20-50
THE CODE OF ALABAMA 1975
TITLE 36 PUBLIC OFFICERS AND EMPLOYEES
Chapter 20 Notaries Public
Article 3 International Notaries Public
Section 36-20-50
Definitions.
THIS SECTION WAS AMENDED IN THE 2001 3rd SPECIAL SESSION, EFFECTIVE SEPTEMBER
26, 2001. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
For purposes of this article, the following terms shall have the following
meanings:
(1) AUTHENTIC ACT. An instrument executed by a civil law notary
referencing this article, which includes the particulars and capacities to act
of transacting parties, a confirmation of the full text of any necessary
instrument, the signatures or their legal equivalent thereof of any transacting
parties, the signature and seal of a civil law notary, and such other
information prescribed by the Secretary of State.
(2) BREVET. A private document in which the civil law notary attests
to the authenticity of the signature or signatures, a fact or a contract.
Brevets may be used, among other things, to certify signatures, prescribe oaths,
certify a translation or a copy of a document that is not part of the civil law
notaries protocol, or certify the identity of any object or thing.
(3) CIVIL LAW NOTARY. A person who is admitted to the practice of law
in this state, who has practiced law in a United States jurisdiction for at
least five years, and who is appointed by the Secretary of State as a civil law
notary.
(4) MINUTE. An authentic act written by a civil law notary which
contains the exact narration of a finding of fact or facts influencing the
rights of private parties of which the civil law notary has personal knowledge
and that due to the nature of the authentic act does not constitute a contract
or juridical business. The types of minutes include, but may not be limited to,
the following:
a. General minutes. A minute providing a certification of general
facts known to the civil law notary.
b. Minutes of notoriety. A minute providing a certification that a
fact is generally known by the people who have a direct or close relationship
with the factual situation or its consequences, or who belong to the social or
economic environment of the person affected by a particular fact.
c. Minutes of correction. A minute for the purpose of rectifying minor
errors in form or omissions made by the civil law notary in prior authentic
acts.
d. Minutes of addition. A minute for the purpose of including a
document in the civil law notary’s protocol in order to provide for preservation
of the document; limited memorialization of domestic private documents and/or
execution of foreign legal documents.
(5) NOTORIAL DEED. An authentic act in which contains a contract,
transaction or other juridical act and which may also include the certification
of facts. Notarial deeds may involve either a single party, as in the case of a
will, or multiple parties, as with a contract.
(Act 99-449, § 1; Act 2001-967, § 1.)
Section 36-20-51
Alabama international notaries.
THIS SECTION WAS AMENDED IN THE 2001 3rd SPECIAL SESSION, EFFECTIVE SEPTEMBER
26, 2001. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) The Secretary of State shall have the power to appoint civil law notaries
and administer this article.
(b) A civil law notary is authorized to issue brevets, minutes, and notorial
deeds and thereby may authenticate or certify any document, transaction, event,
condition or occurrence. A civil law notary may also administer oaths and make
certificates thereof when necessary for execution of any writing or document to
be attested, protested, or published under the seal of a notary public. A civil
law notary may also take acknowledgments of deeds and other instruments of
writing for record.
(c) The authentic acts, and oaths and acknowledgments of a civil law notary
shall be chronologically recorded in the civil law notary’s protocol in a manner
prescribed by the Secretary of State.
(d) The civil law notary may, without prejudice to his duty to ensure
professional confidentiality, issue certified copies of authentic acts to
individuals who, in his or her opinion, have a legitimate interest in the
contents of an authentic act. Certified copies of authentic acts shall have the
same legal force and effect as the original.
(e) A civil law notary is obligated to do the following:
(1) Draw up authentic acts in accordance with their knowledge and
comprehension and such documents shall clearly reflect the wishes of the
contracting parties duly adopted to legal requirements necessary for the
documents to have full legal force and effect.
(2) Represent the transaction itself in the creation of the authentic act.
For this purpose, the civil law notary acts as an intermediary where there are
multiple parties to a transaction.
(3) Use his or her best efforts to advise all parties to the transaction
equally, accurately, fully and impartially regarding the nature and legal
consequences of the transaction.
(4) Refrain from representing any party in any matter arising from or related
to the civil law notary’s authentic act.
(Act 99-449, § 2; Act 2001-967, § 1.)
Section 36-20-52
Rules of procedure.
THIS SECTION WAS AMENDED IN THE 2001 3rd SPECIAL SESSION, EFFECTIVE SEPTEMBER
26, 2001. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
The Secretary of State may adopt rules prescribing all of the following:
(1) The form and content of authentic acts, oaths, acknowledgments, and
signatures and seals or their legal equivalents.
(2) Procedures for the permanent archiving of authentic acts, maintaining
records of acknowledgments, and oaths, and procedures for the administration of
oaths and taking of acknowledgments.
(3) The charging of reasonable fees to be retained by the Secretary of State
for the purpose of administering this article.
(4) Educational requirements and procedures for testing applicants’ knowledge
of all matters relevant to the appointment, authority, duties or legal or
ethical responsibilities of a civil law notary.
(5) Procedures for the disciplining of civil law notaries, including, but not
limited to, the suspension and revocation of appointments for failure to comply
with the requirements of this article or the rules of the Secretary of State, or
for misrepresentation or fraud regarding the civil law notary’s authority, the
effect of the civil law notary’s authentic acts, or the identities or acts of
the parties to a transaction.
(6) Bonding or errors and omissions insurance requirements, or both, for
civil law notaries.
(7) Other matters necessary for administering this article.
(Act 99-449, § 3; Act 2001-967, §1.)
Section 36-20-54
Construction.
THIS SECTION WAS AMENDED IN THE 2001 3rd SPECIAL SESSION, EFFECTIVE SEPTEMBER
26, 2001. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) The powers of civil law notaries include, but are not limited to, all of
the powers of a notary public under the laws of this state.
(b) This article shall not be construed as abrogating the provisions of any
other act relating to notaries public, attorneys, or the practice of law in this
state.
(Act Act 99-449, § 5; Act 2001-967, § 1.)