SB247 Alabama 2022 Session

Summary

Primary Sponsor

Tom Whatley

Republican

Session

Regular Session 2022

Title

Notaries public, process for remote notarization and certification of accuracy of certain electronic records provided, Secs. 36-20-73.2, 36-20-73.3, 36-20-76, 36-20-77 added; Sec. 36-20-73.1 repealed; Secs. 35-4-66, 36-20-73, 36-20-74 am'd.

Summary

SB247 would expand notaries public powers to certify electronic records, authorize remote notarizations, and set new rules for recording and cross-border recognition of notarial acts in Alabama.

What This Bill Does

It makes a tangible copy of an electronic record certified by a notary legally valid as a certified copy for recording title documents like deeds and mortgages. It creates a process for remote notarization, requires notaries to maintain a journal, and to notify the Secretary of State about the technology used. It requires audiovisual recording of remote notarial acts, sets identity verification rules, and allows notarial acts outside the United States under specific limits. It also repeals a prior remote notarization provision and adds cross-jurisdiction recognition of notarial acts, while prohibiting remote notarizations for absentee ballots.

Who It Affects

• Notaries public in Alabama, who gain new remote notarization authority, must maintain journals, notify the Secretary of State about their chosen technology, and follow new standards.
• Property owners, lenders, title companies, and other parties who record deeds, mortgages, maps, and related documents, who can rely on certified electronic copies and remote notarization in transactions.

Key Provisions

• Certified copies: a tangible copy of an electronic record certified by a notary is treated as a certified copy for recording deeds, mortgages, maps, and other title documents.
• Notaries may certify the accuracy of electronic records.
• Remote notarization: allows Alabama notaries to perform notarial acts for remotely located individuals using communication technology, with identity proofing, record matching, and an audiovisual recording; requires notification to the Secretary of State about the technology used.
• Outside-the-US remote acts: remote notarizations involving remotely located individuals outside the United States are allowed under conditions related to US matters or property and must not be prohibited by the foreign state.
• Certificate language: notarial certificates for remote acts must indicate use of communication technology.
• Record retention: audiovisual recordings of remote acts must be kept for at least 10 years.
• Standards and oversight: the Secretary of State will adopt rules on performing remote notarial acts, identity proofing, technology providers, and data integrity.
• Cross-jurisdiction recognition: notarial acts performed in foreign states, Native American tribes, or under federal authority have the same legal effect in Alabama, with appropriate proofs of authority (e.g., apostilles, consular authentication).
• Voting-related restriction: remote notarization cannot be used for absentee ballot applications or affidavits.
• Fees: notaries may charge $5 for traditional powers and up to $25 for remote powers.
• Repeals and effective date: repeals the prior Section 36-20-73.1; the act becomes effective July 1, 2022.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Notaries Public