Attestations; Remote Electronic Notarial Acts; Refusal of Performance

(a) Except as otherwise provided in this section, any signature acknowledged by a notary public shall be executed within this state and shall be executed in the physical presence of the notary public at the time of the acknowledgment, only after the notary public has positively identified the prospective signatory via personal knowledge of the prospective signatory or the examination of photo identification issued by a governmental entity or agency. (b) For the purposes of this section, the following terms shall have the following meanings: (1) ORIGINAL SIGNATURE. A signature signed directly onto a document in wet ink by an individual who is named on the document. (2) SIGNATORY. The individual who is named on the document and is to sign the document. (c) Unless otherwise provided by law, the powers and functions of a notary public require his or her original signature. (d) For purposes of this article, and subject to subsections (e) to (g), inclusive, an individual may personally appear before an acknowledging notary by either of the following: (1) Physically appearing before the notary as provided in subsection (a). (2) Appearing through the use of two-way audio-video communication technology that allows a notary public and a remotely located signatory to communicate with each other simultaneously by sight and sound, provided that: (i) the notary public is physically located in this state; and (ii) the two-way audio-video communication is recorded and maintained for a period of seven years by the notary public. (e) All of the following shall occur prior to the performance of a remote electronic notarial act: (1) The identity of the signatory shall be verified by the notary public using either of the following methods: a. The personal knowledge of the notary public of the identity of the signatory. b.1. The presentation of two valid forms of government issued identification, one of which shall include the face and signature of the signatory; and 2. A process by which the notary public verifies the identity of the signatory through a review of public or private data sources. (2) The remote notary shall verify that the remotely located signatory does not appear, in the judgment of the electronic notary, to be incompetent, lacking in understanding of the nature and consequences of the transaction requiring the notarial act, or acting involuntarily, under duress, or under undue influence. (3) The notary shall verify the identity of the remotely located signatory pursuant to this section. (4) The notary shall inform the participants that Alabama law requires that a recording be made of the remote electronic notarization. (5) The remotely located signatory must be located within the United States of America. (f) A two-way audio-video communication recording shall contain all of the following: (1) The date and time of the remote notarial act. (2) A description of the documents to which the remote notarial act relates. (3) An attestation by the notary public of being physically located in this state. (4) A description of how the identification of the signatory was verified. (5) A clear image of any government issued identification, if applicable. (6) A clear image of the act of signing observed by the notary public. (g) The official date and time of the notarization is the date and time the notary public witnessed the signature, including the date and time the signature was witnessed via two-way audio-video communication technology. All documents used during the two-way audio-video communication shall be provided to the notary public for his or her authentication and original signature. (h) An electronic notary shall refuse to perform a remote electronic notarial act if either of the following applies: (1) The electronic notary has reasonable grounds to believe the remotely located signatory appears in the judgment of the electronic notary to be incompetent, lacking in understanding of the nature and consequences of the transaction requiring the notarial act, or acting involuntarily, under duress, or under undue influence. (2) The electronic notary becomes aware that the communication technology is not secure or the image presented of the signatory appears to be artificially generated. (i) Any action taken before July 1, 2021, allowing for the remote notarization of signatures under the Emergency Management Act of 1955, Article 1 of Chapter 9 of Title 31, is ratified and confirmed. (j) Remote notarization may not be used to notarize an absentee ballot application or an absentee ballot affidavit, or for any purpose related to voting. (Act 2021-319, §1; Act 2023-548, §1; Act 2026-536, §4.)