§39-4-28. Uniformity of Application and Construction
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
§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 […]
§39-4-3. Applicability; Operative Date of Enactment; Effect on Existing Law
(a) This article applies to a notarial act performed on or after July 1, 2014. (b) The repeal of chapter twenty-nine-c of this code and the repeal of articles four, chapter twenty-nine and one-a, chapter thirty-nine of this code and the amendment and reenactment of section two, article one, chapter fifty-nine of this code, pursuant […]
§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 […]
§39-4-35. Administrative Complaints and Investigations
(a) In addition to the powers and duties contained in this article, the Secretary of State may: (1) Investigate, upon complaint or on his or her own initiative, any alleged violations or irregularities of this article.
§39-4-36. Secretary of State Record Retention
(a) The provisions of subsection (c), section three, article two, chapter five of this code notwithstanding, the Secretary of State may destroy original records of appointment under this article after expiration of the term of a notary public: Provided, That the Secretary of State maintains an electronic copy of the appointment for a minimum of […]
§39-4-37. Remote Online Notarial Act Performed for Remotely Located Individual
(a) In this section: (1) “Communication technology” means an electronic device or process that:
§39-4-38. Remote Ink Notarial Act Performed for Remotely Located Individual
(a) A document may be notarized for an individual who is not in the physical presence of the notary public at the time of the notarization if the following requirements are met: (1) The individual and the notary can communicate simultaneously, in real time, by sight and sound using communication technology defined in 39-4-37 of […]
§39-4-4. Authority to Perform Notarial Act
(a) A notarial officer may perform a notarial act authorized by this article or by law of this state other than this article. (b) A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer's spouse is a party, or in which either of them […]
§39-4-5. Requirements for Certain Notarial Acts
(a) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual. (b) A […]
§39-4-6. Personal Appearance Required
(a) If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer, unless the individual making the statement or executing the signature appears personally by communication technology, as provided in 39-4-37 or 39-4-38 […]
§39-4-6a. Remote Acknowledgements and Notarizations Under Covid-19 Executive Order Deemed Valid
Acknowledgements and notarizations performed by means of remote communication technology, pursuant to section 6 of the Governors Executive Order 11-20 effective March 25, 2020, by which the Governor suspended the provisions of 39-4-6 of the code applicable to court reporters and other notaries, are deemed to be valid and cured of any defect from failure […]
§39-4-7. Identification of Individual
(a) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. (b) A notarial officer has satisfactory evidence of the identity of an individual appearing before […]
§39-4-8. Authority to Refuse to Perform Notarial Act
(a) A notarial officer may refuse to perform a notarial act if the officer is not satisfied that: (1) The individual executing the record is competent or has the capacity to execute the record; or
§39-4-9. Signature if Individual Is Unable to Sign
If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual's name on the record. The notarial officer shall insert "Signature affixed by (name of other individual) at the direction of (name of individual)" or words of similar import.