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AL Supplemental Proclamations (2020-2021)

Executive Order

State: Alabama
Signed: March 26, 2020

Effective: March 26, 2020

Summary

Alabama Governor Ivey issued fourth and fifth supplemental proclamations, first allowing only attorneys, and then allowing all Alabama Notaries to perform remote ink signed notarizations during the COVID-19 state of emergency.

Affects

All Alabama Notaries Public.

Changes

Fourth Supplemental Proclamation Provisions

  1. Authorizes Alabama attorneys who are Notaries and Notaries who work under the supervision of Alabama attorneys to notarize signatures through videoconferencing programs and confirm the signatures of witnesses who participate virtually through videoconferencing as though they were physically present at the signing.
  2. Provides that any person who witnesses a document through videoconference technology may be considered an "in person" witness, provided that the presence and identity of such witnesses are validated by the Notary at the time of the signing by the same identifications required under current law.
  3. Clarifies that the official date and time of the notarization shall be the date and time when the Notary witnesses the signature via the videoconference technology.
  4. Requires all documents to be returned to the Notary for certification and execution.

Fifth Supplemental Proclamation Provisions

  1. Authorizes all, and not just some, Alabama Notaries to perform notarial acts and confirm the signatures of witnesses using videoconferencing programs.
  2. Requires Notaries to keep an audiovisual recording of each notarial act performing for remote signers and maintain the recording for five years.
  3. Provides that any person who witnesses a document through audiovisual technology may be considered an "in-person" witness provided the presence and identity of the witness is validated by the Notary at the time of signing by the same methods required under current law.
  4. Provides that the official date of notarization of a notarial act performed using videoconferencing technology is the date and time when the Notary witnesses the signature via videoconference.
  5. Requires all documents to be returned to the Notary for certification and execution.
  6. Provides that any notarizations previously performed under the previous March 26, 2020, proclamation are valid.
Analysis

Alabama Governor Kay Ivey has signed an executive order allowing the use of videoconferencing technology to perform notarial acts during the COVID-19 crisis. This particular order applies only to Alabama attorneys who are Notaries or Notaries who work under the supervision of an Alabama attorney. The order assumes the document will be executed on paper and "returned" to the Notary, who then will presumably complete the required notarial certificate on the document with the actual date the Notary and signatory or witness appeared before each other using videoconferencing technology. As we have said in analyzing other similar executive orders issued during the past month, the NNA does not endorse these methods and prefers the use of remote online notarization platforms to perform notarial acts remotely. At least this Alabama order requires the Notary to be an attorney or to work under the supervision of an attorney, placing these notarizations under the oversight of the courts.

This order is the fourth supplemental executive order issued by the Governor in response to the COVID-19 pandemic. It will remain in full force and effect for the duration of the public health emergency unless rescinded or extended by proclamation.

Read the Fourth Supplemental Proclamation.

The Fifth Supplemental Proclamation broadens the authorization to perform videoconference notarizations so that now any Alabama Notary may perform them. Under the Fourth Supplemental Proclamation, only Notaries who are licensed attorneys or under the supervision of licensed attorneys could perform these acts. This new proclamation requires the Notary to keep an audiovisual recording of the notarization for a period of five years.

Read the Fifth Supplemental Proclamation.

The temporary authorization is in effect for the duration of the public health emergency unless extended or rescinded by proclamation. Subsequent proclamations are listed below: 

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