Under Alabama law, notaries are strictly prohibited from notarizing documents when the signatory has not physically appeared before them or when the notary knows or reasonably believes the signature is unauthorized or fraudulent. The law requires that the person whose signature is being notarized must appear in person before the notary, unless the notarization is conducted via a properly authorized remote process.

Key Legal Provisions and Consequences

• Physical Presence Requirement: The signatory must physically appear before the notary at the time of notarization, or the notary must follow the specific procedures for remote notarization as outlined in Alabama law.
• Unauthorized or Fraudulent Signatures: If a notary knowingly notarizes a document with an unauthorized or fraudulent signature, or without the signatory’s physical presence (unless remote notarization is properly conducted), the notary may be guilty of a Class D felony if the act is done with intent to commit fraud or to intentionally assist in a fraudulent act.
• Criminal Liability: Notaries who violate these requirements may face criminal charges, including Class C misdemeanor or Class D felony, depending on the circumstances and intent.
• Aiding and Abetting: Individuals who knowingly solicit, coerce, or influence a notary to commit official misconduct are also subject to the same level of punishment as the notary.
• Reporting and Investigation: Allegations of notary misconduct, including notarizing unauthorized signatures, can be reported by parties to the transaction or attorneys involved. The complaint is submitted via affidavit to the Secretary of State or the probate judge who commissioned the notary, who then forwards it to the Alabama Law Enforcement Agency for investigation.
• Disciplinary Actions: Probate judges may issue warnings, restrict, suspend, or revoke a notary’s commission, or order injunctive relief against individuals who violate notary laws.

Summary Table

Conclusion

Alabama notary law is clear: notarizing documents with unauthorized signatures or without the required physical presence of the signatory is illegal and can result in serious criminal and administrative consequences.