SB289INTRODUCED
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SB289
67XEZZ3-1
By Senators Coleman, Givhan
RFD: Judiciary
First Read: 04-Apr-24
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5 67XEZZ3-1 04/02/2024 JC (L)tgw 2024-1120
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First Read: 04-Apr-24
SYNOPSIS:
Existing law prohibits a notary public from
acknowledging a document that is required for a
transaction in which the notary has a financial
interest.
This bill would explicitly recognize that this
prohibition does not apply to professionals such as
attorneys, accountants, or real estate brokers, or
their employees, who may lawfully notarize the
documents that are a necessary part of the professional
services for which they are paid.
A BILL
TO BE ENTITLED
AN ACT
Relating to state-at-large notaries public; to add
Section 36-20-70.1 to the Code of Alabama 1975, to provide
that both individuals who are licensed professionals and their
employees who are commissioned as notaries public may lawfully
perform notarial acts that are required in the practice of
their profession.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 36-20-70.1 is added to the Code of
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Section 1. Section 36-20-70.1 is added to the Code of
Alabama 1975, to read as follows:
ยง36-20-70.1
(a) For purposes of this section, the term
"professional service" means any service or occupation that
may be lawfully performed only pursuant to a license issued by
a state court, state regulatory licensing board, or other
similar agency, and the term "professional" refers to an
individual who holds the license.
(b) Notwithstanding Section 36-20-70, Code of Alabama
1975:
(1) A professional who is commissioned as a notary
public, in the normal course of providing a professional
service in exchange for a fee, commission, or other payment,
may perform any acknowledgment or other notarial act that is
required to provide the professional service; and
(2) An individual who is employed by a professional and
who is commissioned as a notary public may perform any
acknowledgment or other notarial act that is required in the
normal course of providing a professional service for which
the employing professional receives a fee, commission, or
other payment.
Section 2. This act shall become effective on October
1, 2024.
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