In Alabama, notaries are appointed and commissioned by the Probate Judges of the various counties. The Probate Judge reports to the Secretary of State the name, county, date of issuance and date of expiration of the commission of each notary appointed and commissioned under applicable law. The Secretary of State does not appoint or commission notaries. In the past, each county had its own version of the notary application and process; however, Senate Bill 322 (Alabama Act 2023-548) has now established a standard application to be used across the state. Under the new law, all applicants applying to become a notary or renewing their commission must complete an application developed by the Alabama Probate Judges Association and the Alabama Law Institute. In general, to receive a commission as a notary, a person must be at least 18 years old, a registered voter, and reside in the county in which they apply. (Since each county Probate Judge appoints notaries for their county, there may be other requirements for a particular county.) Alabama requires a surety bond in the amount of $50,000 for all applicants as of September 1, 2023. Alabama requires the use of an official notary seal (impression seal or ink stamp). Alabama has dropped its journal requirement, but Capital City Bank (CCB) notaries are asked to maintain a record of their notary acts in a journal. In case of the notary’s death, resignation, removal from office, or expiration of the notary’s term of office, check with the appointing Probate Judge to determine if the journal/record book must be turned in there (formerly a statutory requirement, now repealed).
 

*IMPORTANT*

The probate judges' fee for the issuance of a notary commission was previously set at ten dollars ($10); this fee has now been raised to twenty-five dollars ($25). Applicants will also be required to pay a $10 application fee at the time the notary application is submitted. Although these are set fees according to the Code of Alabama 1975, there may be additional fees, determined by your residence county, when filing the application and/or notary bond. Please contact the probate judge in your county to confirm the fees.
 

Notary public applicants must complete a training program prepared by the Alabama Probate Judges Association and the Alabama Law Institute that reinforces and updates applicants' knowledge of all matters relevant to the appointment, authority, duties, and legal and ethical responsibilities of a notary public. Failure to do so will result in a denial of commission. Attorneys who become Alabama notaries are exempt from this training. If you are an existing notary, you will be required to complete this training upon the renewal of your commission.

In Florida, notaries are appointed or commissioned by the Florida Governor. To receive a commission as a notary, an applicant must be at least 18 years of age, be a permanent resident of the State of Florida, must make a written application, must read the Florida statues regarding notaries, and must complete a 3-hour notary training class (first-time applicants only; there is no education requirement for renewing notaries who have been continuously commissioned). Applicants must be able to read, write and understand the English language. Florida requires a surety bond in the amount of $7,500. Florida requires use of an official notary seal (ink stamp). Florida does not require the use of a journal or record book. CCB notaries are asked to maintain a record of their notary acts in a journal.
 

In Georgia, notaries are appointed or commissioned by the Clerk of Superior Court of the county in which the applicant resides or of the county of employment for notaries who live in bordering states but who work in Georgia. To receive a commission as a notary, an applicant must be at least 18 years of age, a resident of the state of Georgia (or, if a nonresident, must reside in a state bordering Georgia and carry on a business or profession in Georgia or be regularly employed in Georgia), and a resident of (or work in) the county in which he or she applies. Applicants must be able to read and write the English language. A notary bond is not required in Georgia. Georgia requires use of an official seal (ink stamp or impression seal). Georgia does not require the use of a journal or record book. CCB notaries are asked to maintain a record.
 

*IMPORTANT*

If you are renewing your Georgia notary commission or becoming a notary, please visit the Georgia Clerks Authority website at www.gsccca.org/notary-and-apostilles/notaries/notary-public-application. Select your county of residence and follow instructions to apply or renew. A Georgia notary public shall complete an educational training class relating to the duties of notaries public. Such training shall be completed prior to the initial appointment and within 30 days prior to each subsequent renewal appointment. The training is free, however, the exam may cost $10.00, to be paid and completed online. We recommend contacting the county you are applying to directly to confirm before visiting the county clerk or submitting your application.

An acknowledgment is a ceremony in which a person who executed an instrument appears before a Notary Public and declares or acknowledges that the instrument was acknowledged voluntarily for the purpose expressed in it. The signer must demonstrate that they understand the document and the significance of the act. The notary must know the signer or satisfactorily establish their identity. No document can be accepted for filing in the public records in the State of Florida until it has been witnessed and acknowledged by the signer(s). Examples of documents that require acknowledgments include: a mortgage, a deed, a satisfaction of mortgage, a grant of a power of attorney, a conveyance of title, and so on.

Notice that these documents typically convey an interest or grant an interest (rather than being a statement of fact or opinion), and that they are frequently related to real property. A properly worded format or space for a Certificate of Acknowledgment should be included in the formal document, by the drafter. The notary completes an acknowledgment notarial certificate to certify that the document has been acknowledged before them (in their presence), after certain formalities.

The notarial acknowledgments for different types of legal entities are available in the Acknowledgement Certificates tab. The format and elements for an acknowledgement must include all the following:

1. The exact type of identification used to establish identity, IF the notary does not personally know the signer, OR a statement that the person was personally known to the notary.
2. The notary must also ensure, by questioning the person, that the acknowledger voluntarily signed the document and understood what they signed (for example: they understand the essential nature and purpose of the document). On most occasions the signer will sign the document before the notary as a matter of routine. However, there may be occasions when the acknowledger has previously signed the document. As long as the acknowledger is present, it does not matter if the instrument was signed in the presence of the notary, or even if it was signed on a prior date. However, the notary may ask the signer to voluntarily re-sign the document again in his/her presence in these situations.
3. Space for the notary to place their signature and stamp (or seal). In addition to these required elements, there may be a statement whether the signer was under oath (an oath is not required for acknowledgments but is permissible).

Affidavits and Depositions are written statements by an individual who swears or affirms before an authorized official, such as a Notary Public, that the statement is true and complete, to the best of the signer's knowledge and belief. Affidavits are usually statements or representations by the maker, concerning facts known to the maker. Affidavits could be about a wide variety of subjects (the age of the maker, the income of the maker, that the maker has been a resident of a state for 5 years, that the maker is not the father of a child, that the maker is or is not married, that the maker witnessed an auto accident on a certain date).

The Notary Public who witnesses the sworn execution of the signature to the affidavit attaches a certificate, called a Jurat (refer to the Acknowledgement Certificates tab) as evidence of said acts. The Jurat confirms and certifies:

1. The identity of the affiant or deposer.
    
2. That the person making the statement was either placed under oath by the notary or affirmed the truth of the document (for persons who object to taking an oath for religious purposes) to the notary. PRIOR to placing their signature on the document (refer to the Acknowledgement Certificates tab), and the Jurat specifies which was the case.
    
3. AFTER the oath was administered, the notary watched the document being signed by the affiant deposer (If the affiant has signed the instrument before being sworn, they must sign it again after being sworn).
    
4. The notary executed the Jurat on a specific date (which MUST be the same date the instrument was signed by the affiant or deposer).
    
5. Identification of a specified type was used to properly identify the signer, if the Notary Public did not personally know the signer; and
    
6. The Jurat must also contain the printed name and signature of the notary; and properly identify the notary, including the venue (the state and county where the instrument was executed and notarized), the commission expiration date, and the seal or stamp of the notary.

The notary may personally make or supervise the making of a photocopy of an ORIGINAL document and attest to the trueness of the copy. The notary cannot supervise and certify to the making of a photocopy of a publicly recorded document or other document considered to be a Vital Record, if a certified copy can be made by another public official. 

All documents marked with an * below are examples of recorded documents or Vital Records you cannot legally copy and certify. Requirements and guidelines follow:

1. Be CERTAIN that the document presented to you is the original (which can be tricky, given the current technology in color copiers) and make the copy yourself.
2. Types of documents that should not be copied and certified as true copies by a Notary include the following:
   1. Recorded Documents (for example: mortgages, deeds, mortgage extensions) should not be certified as true copies.
   2. Copies of Vital Records (for example: birth certificates or death certificates)
      1. Funeral directors provide death certificates, or
      2. Alabama - the client may get copies of birth/death certificates by calling the Center for Health Statistics (334) 206-5418. Alabama information on vital records can also be obtained at  http://www.adph.org/vitalrecords/.
      3. Florida - the client may get copies of birth/death certificates by writing or calling the Bureau of Vital Statistics, 1217 Pearl Street, Jacksonville, Florida 32202, (904) 359-6900.
         Florida information on vital records can also be obtained http://www.doh.state.fl.us/planning_eval/vital_statistics/birth_death.htm.
      4. Georgia - the client may get copies of birth/death certificates by writing or calling the Division of Public Health, Vital Records Dept, 2600 Skyland Drive, Atlanta, GA 30319-3640, (404) 679-4702. Georgia information on vital records can also be obtained at http://www.health.state.ga.us/programs/vitalrecords/birth.asp.
   3. U.S. Naturalization Certificates or Green Cards
   4. School transcripts, diplomas, or grade reports issued by any school (refer the person to the school issuing the document).
   5. Filed income tax returns. After the return has been filed, the client would need to contact the IRS for a certified copy. (Previous year’s tax returns are obviously already filed and should never be certified.)
   6. Publicly recordable documents may be photocopied prior to recording, but these copies must NOT be certified by the notary. For example, at many loan closings it is customary to make copies of the mortgage for the benefit of the lender, as it is to be recorded, in case the original is lost in transit while being recorded. This allows the lender to confirm the accuracy of the data on the instrument by the document review person. If a notarized document is destined to be recorded, then any “certified” copy should be obtained from the official custodian after the document is recorded. Again, do not certify copies of a recordable document prior to recording.
3. Immigration and Naturalization Documents that MAY be notarized as true copies include:
   1. I-134 Affidavit of Support.
   2. N-455 Application to Transfer Naturalization Petition; and
   3. I-480 Affidavit of Witness.

Click on the accordions below for state specific details.

Tips for Observing a Safe Deposit Box Opening

1. Carefully watch the drilling of the box and make sure nothing is removed that is not also listed on the inventory. Remove any contents carefully (there have been instances when hypodermic needles have been found in a box).
    
2. Ensure that a thorough, detailed, and complete inventory is made of EVERYTHING in the box, down to and including scraps of paper. If there are coins, list the dates and mintmarks, if any, and describe the condition (for example: a 1914 half dollar, D mintmark, condition very worn). If there are firearms, list the manufacturer, model, and serial number. If there is a watch, you can say, one yellow Elgin pocket watch with illustration of railroad car on cover. If there is jewelry, be descriptive about stones and appearances (for example: a thin yellow band set with one white stone and two small red stones) and any engravings (for example: interior of band dated 1973). You are not likely to be a jeweler and could determine that a yellow band is a gold band, or that a white stone is a diamond, and so on. To illustrate the importance of being thorough, a notary in Miami was sued because she discarded a Post-it note covered in what appeared as scribbled writing (that turned out to be the combination to a safe).
    
3. Follow the instructions on each state’s form for sealing and delivering the safe deposit box contents to the proper authorities.
    
4. Georgia notaries who have notarized Form UP-3K (2010) will record the notarization in their notary journal, including the name and location of the bank office and the name of the certifying bank officer.

To notarize a document, follow these 6 steps:

1. Require the personal appearance of the document signer.
2. Check the identity of the person requesting notarization, document the identification used, on the notarial certificate; and make sure the person appears to be mentally able to understand the document and the notarization.
3. Check the document to be notarized.
4. Record the notarization in your record book or journal.
5. Perform the notarization ceremony; and
6. Complete the notarial certificate, sign, and apply your seal.

Using these 6 steps will make sure every notarization you perform is complete and legally valid.

Remember that it is mandatory that the person requesting the notarization personally appear before you at the time of notarization.

1. Notary Stamp/Seal
   1. You must use your official seal on all documents notarized. The purpose of the seal is to authenticate your certificate. In Florida, notaries must use a rubber stamp type seal (in black ink) that must contain the following information: 
      1. Notary’s name
      2. Date the commission expires
      3. Commission number
      4. The words:
         1. Notary Public-State of Florida
         2. Georgia law requires a Notary to use either an ink stamp or an embossing (impression) seal when notarizing documents. The Georgia notary’s seal must contain:
            1.  Notary’s name as it appears on the commission certificate
            2. The words Notary Public
            3. The word Georgia or GA 
            4. The name of the county where the notary was commissioned
         3. In Alabama, the use of an impression seal or ink stamp is required (notaries commissioned before January 1, 2012 may continue using their existing embosser until commission expiration). The Alabama notary’s seal must contain:
            1.  Notary’s name as commissioned
            2. The words Notary Public, Alabama, State at Large, or State of Alabama
   2. Avoid stamping over other wording on the document, except that you may place your seal over the initials, L. S., if they appear on the document. These initials stand for the Latin words locus sigilli, which translate as place of the seal, and therefore identify the spot where the seal should be placed. Otherwise, the seal should be stamped near the notary's signature, on the left-hand side of the notarial certificate and in a blank area, if possible. You MUST print, type, or stamp your name below your actual signature, in the exact style of your commission.
   3. If the seal is lost the notary must immediately mail or deliver written notice to the proper authority.
   4. Note: Always keep copies of any correspondence about your commission in a safe place. It is important to establish a file in which to keep notarial related information such as copies of correspondence, your commission certificate, and other documents about your commission. Your files belong to you and not to the bank! When you are acting as a notary, you take off your CCB hat and put on your notary hat, and you are literally your own boss while wearing that hat.
       
2. Venue
   1. You may perform notarial acts anywhere in the state (or in Alabama, only in the county in which commissioned if not a Notary-at-Large.) You must be physically present in the state when you perform a notarial act. The notary can only perform this function in the state that issued their commission. It is important to establish the venue for the act, which refers to the state and county where the instrument is notarized. You normally establish the venue by filling these items in on the notarial certificate. The venue is always completed with the county where the act takes place, not the county in which the notary lives. If asked to notarize a document which already has the venue filled in, it must be changed if it is not correct. Simply draw one line through the wrong information and write or type the correct information just above it. Initial any changes you make to the venue notation.
       
3. Identification
   1. You must always positively identify the signer, who MUST ALWAYS be in your presence, and there are several acceptable ways to verify identity:
      1. Personal Knowledge: Some form of lengthy personal association that establishes the individual's identity to you with reasonable certainty, such as a neighbor, friend, or longtime client. Personal knowledge does not include a situation where a loan officer has just introduced a borrower to you!
      2. Satisfactory Evidence: You have no evidence or circumstances to the contrary, AND the person has one of the following:
         1. Personal identification cards: The components of paper ID include: 
            1. It is government issued
            2. It contains a photograph of the individual
            3. It contains a physical description of the individual
            4. It contains the individual’s signature
            5. It should contain a serial number.
         2. ALWAYS record only the partial serial number of the ID being used in your Notary journal. (Recording the entire serial number of these ID documents in your journal entry makes your notarial customers vulnerable to identity theft or fraud, should your journal be lost, stolen, or accessed by someone with illegal intent.)
         3. Identification is considered valid if it has been issued within the last 5 years; however, if it is expired, it should be viewed as a red flag and require further investigation. Valid IDs include current driver's license (US, Canadian, or Mexican); passport; US Military ID; or Florida inmate ID card (current inmates). It is perfectly legal and desirable to make a photocopy of the ID for your file (but do not put a copy of a picture ID in a loan file, unless we are required to collect government monitoring info for that loan, to avoid a possible Reg. B violation).
             
      3. Credible Witness: FLORIDA and GEORGIA ONLY A credible witness is typically someone who the notary believes is competent, disinterested, and worthy of belief.
         1. Identification by credible witnesses of individuals whose signatures are to be notarized should be avoided unless the notary can determine a valid reason the person has no other way to establish their identity. An elderly or institutionalized person may be a logical candidate to need this type of identification; while a young person who is mobile should not need to use such identification. When it is appropriate to use a credible witness, there are 2 situations:
            1. The notary personally knows the credible witness and that witness also personally knows the person whose signature is to be notarized. In this instance, only one witness is required.
            2. In situations when the notary does not know the credible witness(es), two credible witnesses must be present who know the person whose signature is to be notarized and who identify that individual to the notary. When not already known to the notary, the credible witnesses must provide satisfactory evidence of their own identities prior to their being accepted as credible witnesses. USE EXTREME CAUTION WHEN DETERMINING THE CREDIBILITY AND NEUTRALITY OF THE WITNESS.
         2. In either scenario described above, the credible witness must be present (in addition to the signer); must give a sworn, written statement to you confirming the identity of the signer (see Attachment J of the Notary Attachments); and must be impartial (i.e., they cannot be a beneficiary of the instrument or document being signed). A verbal introduction to you of a client by a loan officer does not meet the standard for a credible witness. Nor would a written statement from the lender since the lender has a personal stake in completion of the transaction and therefore is not impartial—a requirement of a credible witness.
             
4. Formalities of Notary Process
   • Oath
     • For some types of documents (anything requiring a Jurat), the statutes require the person signing the document to be under oath when the document is signed; or require the person to affirm the document, if they have religious reasons to object to taking an oath. For these documents, the notary must indicate in their certificate whether the person was under oath, or whether they affirmed their signature, when the document was signed. This is accomplished by checking the appropriate box on the notary certificate, if using forms like our sample forms. If an oath is applicable, the notary must administer it. The perceived significance of taking an oath is strengthened when a signer is asked to raise his/her right hand. This action may seem less awkward if the notary raises his/her hand with the individual taking the oath. Oaths and affirmations are important, so treat them; accordingly, and in such cases, the document must always be signed in your presence.
   • Acknowledgement
     • To acknowledge an instrument, the signer does not have to be under oath, but you must ALWAYS ask them whether they understand what they are signing (using the name of the document, such as mortgage or deed) and if they are signing it freely and voluntarily. The document does not have to actually be signed in front of you, but the signer must be present to confirm their signature and you must be assured that the signature is original, stroked directly onto the document (wet ink). If there is any possible question about the signature on the document being original, it is always permissible to ask the signer to sign the document again, so you can compare the two signatures.

NEVER notarize a signature when:

• THE SIGNER IS NOT IN YOUR PRESENCE AT THE TIME OF THE NOTARIZATION. Remember, when a Jurat is required, the oath must be administered before the statement is signed, so you must witness the signature being signed on the instrument. Refer to paragraph L of Section VI: POTENTIAL PROBLEM NOTARIZATIONS with reference to notarizing a Proof of Execution, which only appears to be a contradiction of this statement.
• THE DOCUMENT IS INCOMPLETE (for example: does not contain some type of text; the individual signature or signatures that you are to notarize; and notarial wording).
  • NEVER change anything in a document, except that you may correct an error that YOU make in
    the notarial action by lining through, initialing the spot, having the signer initial the spot, and
    then inserting the correction just above the spot. You must correct the venue if it is incorrect and you must add the information required (for example: identification used, name of individual, your notarial wording).
  • NEVER use Whiteout or liquid paper to make corrections. The signer and notary should always initial any changes made to a document. NEVER notarize a document that has changes made to it using whiteout. You may make a copy of the document that has had changes made using whiteout and then use the copy as the original document and notarize it. Although you are not expected to read the entire document, you should scan it for obvious blank spaces, and ask that they be filled in with a line, N/A, page intentionally left blank, or something similar. The idea is to prevent something from being added to the document later that could change the meaning of the document after it has been signed and notarized.
• YOU KNOW OR HAVE REASON TO KNOW THAT THE SIGNER HAS BEEN ADJUDICATED AS INCOMPETENT.
  • You are not likely to be a trained psychologist, and even trained doctors sometimes disagree about the competency of an individual, so you should not base your opinion upon eccentric behavior. However, if you have been told that an individual has been adjudicated as incompetent, you cannot ignore that information.
• YOU ARE RELATED TO THE SIGNER
  • In FLORIDA it is illegal to notarize for your spouse, parent or child and the practice is discouraged for other relatives; there is no prohibition in Alabama and Georgia but notarizing for family members is discouraged; and never notarize your own signature. You should not notarize a document for anyone you are cohabitating with.
• YOU HAVE A FINANCIAL INTEREST IN OR ARE A PARTY TO THE UNDERLYING TRANSACTION.
  • This is the reason why bank officers should not notarize documents for clients in transactions in which the bank is the beneficiary (such as mortgages or deeds to the bank). There is no problem in having a bank officer notarize a document executed by another bank officer on behalf of the bank, such as a release of mortgage, deed FROM the bank, or so forth.
• DO NOT NOTARIZE A DOCUMENT FOR A BLIND PERSON UNLESS YOU HAVE PERSONALLY READ THE DOCUMENT TO THEM
  • Do not notarize a document in English for a non-English speaker unless you are satisfied that the signer clearly understands it. Never utilize a translator when you and the document signer cannot speak a shared language. You would be putting your full faith in the translator’s ability to accurately convey the requirements of notarization to the signer, and the liability would be yours should the signer later claim that he/she did not understand the requirements and circumstances of the notarial act as conveyed by the translator. Use of a translator is not recommended; the signer should be referred to a notary who can speak his/her language.
• DO NOT NOTARIZE A DOCUMENT IN ANY CASE YOU SUSPECT DURESS OR A FORCED SIGNATURE.
  • If you suspect that a person is under duress from a companion, ask that person to leave temporarily, so you can question the party alone to determine their state of mind. Simply refuse if they will not comply with your request.
• IF POSSIBLE, DO NOT SERVE AS A WITNESS AND A NOTARY TO THE SAME TRANSACTION.
  • If it cannot be reasonably avoided, due to a lack of enough warm bodies in the office, it is permissible, but only IF the witness’ signature does NOT require notarization. If you sign as witness when the witness’ signature requires notarization and you also perform the notarization, you would be notarizing your own signature.
• NEVER ALLOW ANOTHER PERSON TO USE YOUR NOTARY SEAL IN YOUR ABSENCE. 
  • Only you, as the commissioned notary, may perform notarial acts and sign/seal a notarial certificate, subject to all laws and requirements for proper notarization.
• NEVER SIGN/SEAL A SUPPLY OF BLANK NOTARIAL CERTIFICATES FOR USE WHEN YOU ARE NOT AVAILABLE. 
  • This is a serious violation of notary law and procedure! Notarial certificates are completed, signed and sealed only during actual performance of the notarial act, by the commissioned notary.

• NOTARIZATION FOR INSTRUMENT SIGNED WITH POWER OF ATTORNEY 
  • It is permissible to notarize a signature for a person when that signature is affixed by a person holding an appropriate Power of Attorney (POA) to act on behalf of that person. The person granting the POA is known as the Principal, and the POA is given to the Attorney-in-Fact. The Attorney-in-Fact will sign his/her name on the signature line for the Principal, followed by a notation establishing the name of the Principal and the Attorney-in-Fact’s capacity. For example: If Donald Duck holds a POA granted by Daisy Duck, he would sign Donald Duck and underneath would print Donald Duck as Attorney-in-Fact for Daisy Duck. The person whose identity must be established is that of the Attorney-in-Fact (in this example, Donald Duck). The Attorney-in-Fact will sign your journal and you will note his/her name, address, and other information in the journal entry, with a note that this person signed as Attorney-in-Fact for the Principal (list the Principal’s name, in this example Daisy Duck).
  • It is also CCB’s policy to establish the Attorney-in-Fact’s authority to sign by reviewing the original Power of Attorney, and we will make a copy of it for our notary file. We will also require the Attorney-in-Fact to sign an affidavit attesting to their authority to sign on behalf of the Principal. There are two possible affidavits to be used, depending upon whether the POA is "durable" or "non-durable." A POA is only durable if it uses that word in the granting of the power; otherwise, it is non-durable. The distinction is that a durable power survives temporary incompetence by the Principal and lasts until the Principal dies or is formally adjudicated as incompetent by a court. A non-durable POA lapses upon death or when the Principal becomes incompetent (as judged by normal standards, without the necessity for adjudication by a court). The affidavit must also be notarized. If you are not sure which type of POA is being used, call Call Me Direct at ext. 397100 or the Compliance Team for guidance.

It is permissible to notarize a signature for a person when that signature is affixed by a person holding an appropriate Power of Attorney (POA) to act on behalf of that person. It is CCB’s policy to establish the Attorney-in-Fact’s authority to sign on behalf of a principal. If you receive a request to notarize an instrument signed with a POA, do the following:

• Scan all POA documentation along with the following information to _Call Me Direct:
  • Office
  • Name of Power of Attorney
  • Name of Guarantor(s)
  • Document for which the notary signature is being requested

Once reviewed, Call Me Direct will provide a Document Review Coversheet indicating whether the document was approved or declined with notes evidencing the decision. If the POA is approved, the agent or attorney-in-fact is required to execute under oath, in the presence of a notary, the Affidavit of Durable POA (FL, GA/AL) or the Affidavit for POA (Non-Durable) (FL, GA/AL).

Sample Document Review Coversheet

 

 

Section 709.2120 - Rejecting of Power of Attorney - The bank must accept or reject a Power of Attorney within a reasonable time. Four days, excluding Saturdays, Sundays, and legal holidays, are presumed to be a reasonable time to accept or reject a power of attorney.

If the POA is rejected, Call Me Direct will supply the declination letter(s) where applicable.

Note: A person with a valid POA can sign something that requires an acknowledgement, such as a note or mortgage. They CANNOT sign a document requiring an oath or affirmation, such as a deposition or statement on behalf of the Principal.

• BLANK OR INCOMPLETE DOCUMENTS SHOULD NOT BE NOTARIZED
  • You can't change them, so return them to the signer, unless the signer fills them in appropriately. Never allow a client to use paper or other documents to screen an instrument so that you cannot see what the document says.
     
• NOTARIZING FOR SENIORS
  • Get proper ID or use a credible witness (FLORIDA and GEORGIA notaries only; not authorized in ALABAMA).
  • Verify their understanding of the document.
     
• SIGNATURE BY MARK
  • Occasionally, you may be asked to notarize the signature of a person who cannot sign his or her full name on a document but can sign by using a mark. The person may be illiterate or have a physical disability that prevents them from signing in the customary manner. The mark is typically an X and is used in place of a full signature. Florida, Georgia, and Alabama all recognize a person’s mark as a valid signature.
    • FLORIDA law REQUIRES the following process for signature by mark (not required in Georgia or Alabama, but is permissible):
      1. 2 disinterested persons witness the document signing and sign the document as witnesses.
      2. The notary prints the person’s first name at the beginning of the designated signature line and the person’s last name at the end of the signature line.
      3. The notary prints the words “his (or her) mark” below the person’s signature mark; and
         
      4. You should indicate in your notarial certificate that the document was executed with a signature by mark. Simply add the following statement to the end of the notarial wording: The document was signed by mark in the presence of witnesses.
          
• SIGNATURE TO BE AFFIXED BY NOTARY FOR PERSON WITH A DISABILITY
  • A notary may be asked to sign an instrument on behalf of a disabled person who is physically incapable of signing his or her own name. FLORIDA and ALABAMA statutes provide for another person, who may be the notary, to sign an instrument at the direction of a person who cannot sign; Georgia statutes are silent on this matter. The notary must carry out the usual steps of notarization, such as establishing the identity of the person, and their understanding of the nature of document, as well as administering an oath or asking the questions that are a part of an acknowledgment, depending upon the nature of the document. The name to be signed will be that of the challenged person. Immediately underneath, the notary will add, BY: (printed name of Notary. Following their printed name, the Notary must also place the following statement: Signature affixed by Notary (in Florida also include “pursuant to s. 117.05(14), Florida Statutes).
  • Florida further requires its notaries to note having signed at the direction of the signer in the notarial certificate; it is therefore recommended that Alabama notaries do so as well. This is different than signature by mark since the person cannot even make a mark for him- or herself. There must be two disinterested witnesses, in addition to the notary. This situation should always be noted in the notary journal.
     
• FOREIGN DOCUMENTS (those in a foreign language)
  • Refuse unless you are bi-lingual and/or can confidently assess the document for things such as completeness and the name of the signer requiring notarization. The potential problems are: 
    1. You can't look at the document and know whether an acknowledgment or Jurat is required
    2. You can't be sure the signer knows what they are signing; and 
    3. You can't be sure that you are not making some representation that you are unaware of. 
  • In some foreign countries, the powers and authority of a notary are much greater than they are in this country. As stated previously, never rely on a translator if you cannot communicate directly with the signer in a shared language.
  • To service our CCB clients, we have a wonderful team of associates who are notaries that may be able to assist the client if you are unable to. To contact those associates, please visit Multi-lingual Associate List. 
    • This list identifies the person, office location, full telephone number with extension#, the language(s) he/she speaks and level of fluency. If a client presenting a document written in a foreign language cannot be helped as decided by the notary, the relationship manager on the client account, if there is one, will be notified. If there is no market leader or manager, notify the market service manager. As always you may contact the Human Resources Department for assistance.
       
• CORRECTIONS TO A DOCUMENT OR NOTARIAL CERTIFICATE
  • NEVER make changes to a document’s content. 
  • Any changes to the document content may only be made by the document signer, prior to your performance of the notarial act. If the signer indicates that THEY made an error in the document and wishes to correct it, then any such changes must be made (without your help) before you notarize the document. 
  • If you note your own error in filling in the blanks on the notarial certificate (NOT the document itself), and IF the signer and notarized document have not yet left your presence, then line through in ink; write or type the correction on the line above; initial and date. You absolutely may not correct a notarial certificate once the notarial act is finished (for example: the document signer has left your presence). Nor may the signer correct a document after the notarial act has been completed. In both cases, a new notarization must be performed, and a new notarial certificate must be attached. You are not authorized to practice law, and you are not supposed to draft legal documents.
  • Note: When not wearing your notary hat, you may create documents on behalf of the bank, but that is a different story.
     
• MISSING OR INCORRECT NOTARIAL CERTIFICATE
  • Ideally, you should not PREPARE the notarial certificate (for non-bank transactions), other than to fill in the blanks. However, if the instrument has no provision for any notarial wording, or has an incorrect form of notarial wording, you have three basic choices:
    1. Refuse the act: This is the most conservative approach and the one that has the least potential legal liability to the bank and to you. You may make the client incredibly angry (which is never to be desired, but especially not if they are a long time and substantial depositor), but you are within your legal rights to refuse any unreasonable act or any act that requires you to create a legal document.
       1. Remember, when acting as a notary, your responsibility for performing the function correctly takes precedence over being a CCB associate.
    2. Ask the client to choose a notarial certificate from your selection of forms. 
       1. You may show the client your collection of forms and ask them to pick one. Note in your notary journal that the client chose the certificate in case the certificate chosen is incorrect. If you are truly in doubt, you can always call the Compliance Team or the American Society of Notaries for advice. If still in doubt, you should still refuse the act.
    3. Do the act incorrectly. THIS IS NOT RECOMMENDED. 
       1. If you are asked to notarize something that has the wrong type of certificate, and do not recognize the error, you will do the act incorrectly. This has the greatest potential for liability to you and to the bank of any of these three alternatives! If you think something is wrong, CHECK IT OUT, and do not assume it must be right just because some attorney prepared it. Whenever in doubt, ALWAYS call the American Society of Notaries or the Compliance Team for assistance.
           
• TESTAMENTARY WILLS
  • CCB notaries are not authorized to notarize wills due to the potential liability to you and the bank. If approached to notarize a testamentary will, the notary should refer the individual to an attorney. Some wills require specialized notarization procedures to be valid. NO CCB NOTARY IS PERMITTED TO NOTARIZE A TESTAMENTARY WILL.
    • Note: A Living Will is NOT a testamentary will; it simply expresses the desires of the person with regard to the use of extreme measures for sustaining life under certain medical situations; and it can be treated like any other type of instrument to be notarized.
       
• LOOSE CERTIFICATES
  • You may be asked to notarize a document where the Notary certificate is on a separate sheet of paper from the text of the document. The paper containing the Notary acknowledgment and identification is termed a “loose certificate.” This situation poses some risk because of the possibility that your notarial certificate may be moved to some other, unrelated document. To minimize the risk of such instances, the notary must do the following:
    1. Add a statement to the notary certificate that reads “This certificate is attached to a _____ page document entitled/dealing with __________.” This is not considered to be an alteration to the document; it is an alteration to your notarial certificate.
    2. Record the fact of the "loose certificate" in your notary journal; and
    3. In addition to the normal placement of your seal, also seal the certificate with half the seal on the last page of the document and half the seal on the certificate page, using your embossed seal in addition to your rubber stamp, if you have one.
        
• PROOF OF EXECUTION
  • Sometimes, a person whose signature on a document requires an acknowledgment notarial act is unable to appear for the notarial act due to death, incapacitation, or some other similarly grave circumstance. In rare cases, if allowed in your state and subject to strict statutory requirements and guidelines, a witness to the original document signing can appear before a notary to swear or affirm having witnessed the document signer sign the document. Such a witness is referred to as a subscribing witness, and the process is called “proof of execution by subscribing witness.” The notary administers an oath/affirmation for the subscribing witness’ sworn statement, then completes a notarial certificate for proof of execution by subscribing witness.
  • IN EFFECT, IT IS THE SIGNATURE OF THE SUBSCRIBING WITNESS THAT IS BEING NOTARIZED, so this is not really an exception to the rule that you cannot notarize a document when the signer is not present.
  • A request to notarize Proof of Execution by a subscribing witness should be viewed with extreme care by a notary. There are statutory restrictions, which vary by state, which dictate when proof of execution by subscribing witness may be used, and on which types of documents. It is suggested the notary contact the Deposit Delivery Coordinator, Call Me Direct or the Compliance Team if asked to notarize Proof of Execution.

It is required by CCB policy that all notarial acts be recorded in a journal that will be maintained by each Notary Public as a permanent record. Neither Georgia, Florida or Alabama require the use of a journal. The practice, however, is STRONGLY recommended as a notarial best practice, and therefore it is a CCB policy that all notaries maintain a journal.

Record every notarial act you perform in your journal, without fail and without exceptions. Such consistency lends credibility to your journal as evidence, should you ever be called into court to testify about a notarization.

Your journal should be kept in a bound volume, rather than a notebook, so that there will be no question about missing pages. Our bank will provide such a journal (as many as may be needed) for our associates. The journal(s) belongs to the Notary, and should go with you if you move around the system or leave the
system.

The maximum fee a notary may charge varies among the states (SEE SPECIFIC FEES ALLOWABLE BELOW). The fee can be assessed per signature to be notarized, not per document. Non-clients will be charged the maximum fee, while bank clients will not be charged for reasonable notary services. The fee is credited to the Miscellaneous Fees CSR (office number/G/L # 480-160/cost center 6315/product code 000). Fees are subject to change upon notice. The notary may retain any fees collected for notarial acts performed outside of the bank on personal time.
 

ALABAMA – The maximum fee allowable is $5 per notarial act.

FLORIDA – The fee may not exceed $10 for any one notarial act, except for solemnizing a marriage ceremony. Florida notaries may charge $30 for marriage ceremonies. They may also collect any travel expense incurred for any type of notarization; discuss travel fees prior to traveling. Line-item fees if charging for notarization and travel. If notary fees are advertised, ads must include a statutory statement that the notary is not an attorney.

GEORGIA – The fee is limited to $2.00 per notarial act (signature). If notary services are advertised, a fee schedule in English and the language of the ad (if different) must be posted. Ads must include a statutory statement that the notary is not an attorney. Travel fees are not prohibited; discuss them prior to traveling. Line-item fees if charging for notarization and travel.

You should provide your notarial services to any person who makes a lawful, reasonable request for them during banking hours. Failure to do so can be construed as discrimination. However, if you feel that there is an irregularity, suspect duress, question the ID, etc., you can always refuse to provide a notarial service. If in doubt, check with someone else. If still in doubt, SAY NO! As an example of reasonable, you do not have to drop everything you are doing to handle a large volume of Notary actions for someone, particularly a nonclient who comes in at a bad time on a very busy day. Simply ask them to come back later, if appropriate, offering a suggested time.

A Notary Public must give written notification to the authority who handled their appointment of any change in their business address, home address, name, home telephone number, business telephone number, or criminal record. This responsibility is regarded seriously; for example, in Florida failure to provide timely notification of a name or address change can result in commission suspension. Because notification requirements for name and address changes differ between Florida, Georgia, and Alabama, CCB requires its
notaries to contact their bonding agent, Notary Public Underwriters, for guidance immediately following a name or address change. Alabama notaries whose commission is for a single county only (not At-Large) should be aware that if they relocate to a county other than their county of commission, then they have vacated their notarial office as their single-county notarial commission does not provide statewide jurisdiction.

If your commission lapses, you must cease to function as a Notary until your commission is renewed. It is a act to notarize a document after your commission has lapsed.

You can be held liable for documents sealed with your seal, even if it is used by another party without your consent. The moral of the story is to always treat your seal as a teller should treat a cash drawer (for example: it should be locked up every minute you are not using it). Never, under any circumstances, allow another person to use your seal.

The purpose of a surety bond is to protect the public. It does not protect the notary, who has unlimited financial liability for his/her actions and must reimburse the surety company for any funds paid on his or on her behalf. It does not protect the employer of the notary, who can be held liable for damages that are proximately caused by the misconduct of a notary performed in the normal course of employment. Georgia does not require a surety bond. On the other hand, an E&O policy protects the notary and their employer against liability from innocent errors. Our bank has a blanket policy that covers all of our notaries with such coverage.