One of the key duties of an Alabama notary public is to administer oaths and affirmations. Notaries cannot draft legal documents or provide legal advice unless they are licensed attorneys, and they certainly do not have judicial powers.
Notaries in Alabama are prohibited from notarizing documents in which they have a personal or financial interest, as this would create a conflict of interest. They are allowed to witness signatures, charge fees within legal limits, and administer oaths.
Notaries cannot sign on behalf of a principal (the person signing the document). Their role is limited to witnessing signatures, administering oaths, and performing other notarial acts. Signing on behalf of someone else is beyond their authority.
A notary should verify that the document is complete (i.e., not missing any pages or information) and that the signer understands what they are signing. Notaries do not check for spelling errors or ensure that documents are filed with specific agencies.
A fundamental duty of a notary is to ensure that the person signing the document appears in person and has been properly identified. This prevents fraud and ensures the validity of the notarization. Notaries do not review documents for legal accuracy or set mandatory fees beyond legal limits.
