AL Senate Bill 289

Legislation

State: Alabama
Signed: May 09, 2024

Effective: October 01, 2024
Chapter: Act No. 2024-314

Summary

Senate Bill 289 clarifies 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.

Affects

Adds Section 36-20-70.1 to the Code of Alabama.

Changes

Defines “professional service” to mean 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.
Provides that the prohibition against a Notary Public from taking an acknowledgment of a document that is required for a transaction in which the Notary has a financial interest does not apply to professionals or their employees who may lawfully notarize the documents that are a necessary part of the professional services for which they are paid.

Analysis

Senate Bill 289 clarifies Alabama’s disqualifying interest statute for Notaries. COV 36-20-70(d) states, “A notary public shall not perform an acknowledgment in any transaction where he or she has a pecuniary interest.” The new section created by Senate Bill 289 clarifies that the disqualifying financil interest (“pecuniary interest”) does not apply to professionals such as attorneys, accountants, or real estate brokers, or their employees.

Read Senate Bill 289.