§39-4-29. Relation to Electronic Signatures in Global and National Commerce Act
This article modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U. S. C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U. S. C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of […]
§39-4-30. Maximum Fees
(a) The maximum fee in this state for notarization of each signature and the proper recordation thereof in the journal of notarial acts is $10.00 for each signature notarized. (b) The maximum fee in this state for certification of a facsimile of a document, retaining a facsimile in the notarys file, and the proper recordation […]
§39-4-31. Government Notaries Public
(a) State and local government employees may be commissioned as government notaries public to act for and in behalf of their respective state and local government offices. (b) A state or local government employee commissioned under this section shall meet the requirements for qualification and appointment prescribed in this article except that the head of […]
§39-4-32. Liability of Notary and of an Employer of Notary
(a) A notary public is liable to the persons involved for all damages proximately caused by the notary's official misconduct. (b) The employer of a notary public is also liable to the persons involved for all damages proximately caused by the notary's official misconduct, if: (1) The notary public was acting within the scope of […]
§39-4-33. Criminal Penalties
(a) A notary public who knowingly and willfully commits any official misconduct is guilty of a misdemeanor and, upon conviction, shall be fined not more than $5,000 or confined in jail not more than one year, or both fined and confined. (b) A notary public who recklessly or negligently commits any official misconduct is guilty […]
§39-4-34. Action for Injunction; Unauthorized Practice of Law
Upon his or her own information or upon complaint of any person, the Attorney General, or his or her designee, may maintain an action for injunctive relief in circuit court against any notary public who renders, offers to render or holds himself or herself out as rendering any service constituting the unauthorized practice of the […]
§39-4-19. Notification Regarding Performance of Notarial Act on Electronic Record, Selection of Technology
(a) A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected. (b) Before a notary public performs […]
§39-4-20. Commission as Notary Public; Qualifications; No Immunity or Benefit; Disposition of Fees
(a) An individual qualified under subsection (b) of this section may apply to the Secretary of State for a commission as a notary public through the Secretary of State’s online notary system. The applicant shall comply with and provide the information required by rules promulgated by the Secretary of State and pay any application fee. […]
§39-4-21. Grounds to Deny, Refuse to Renew, Revoke, Suspend, or Condition Commission of Notary Public
(a) The Secretary of State may deny, refuse to renew, revoke, suspend or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including: (1) Failure to comply with this article;
§39-4-22. Database of Notaries Public
(a) The Secretary of State shall maintain an electronic database of notaries public: (1) Through which a person may verify the authority of a notary public to perform notarial acts; and