Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-6-1 - CERTIFICATION › Section 820-6-1-.02 - Appointment, Revocation, Voluntary Resignation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon completion of each examination
			 session and after the examinations are scored, the testing authority shall
			 promptly forward the examination results to the Office of the Secretary of
			 State. The Office of the Secretary of State shall then notify the applicants of
			 their respective test scores and shall appoint those persons with satisfactory
			 scores of 70% as Alabama Civil-law Notaries.
(2) Upon accepting appointment as an Alabama
			 Civil-law Notary, the applicant shall file within 90 days after appointment
			 with the Office of the Secretary of State a Form ACLN-2 prescribed by the
			 Secretary of State titled "Appointment of Protocol Custodian and Seal Filing,"
			 which form is set forth in the Appendix to this Division. The applicant shall
			 identify an Alabama Civil-law Notary in good standing with the Office of the
			 Secretary of State and the Alabama Bar who has agreed to take custody of the
			 applicant's protocol in the event that the applicant's appointment is ever
			 suspended or revoked, or if the applicant dies or becomes incapacitated. If for
			 any reason an Alabama Civil-law Notary chooses to change secondary custodial
			 notaries, the Alabama Civil-law Notary shall promptly notify the Office of the
			 Secretary of State in writing and shall make the appropriate change in the
			 Civil-law notary's annual report.
(3) Unless suspended or revoked in accordance
			 with this rule or Rule
			 820-6-1-.03,
			 an appointment as an Alabama Civil-law Notary shall continue in force for so
			 long as the applicant is a member in good standing of the Alabama Bar, subject
			 to the requirement that the applicant must file an annual report with the
			 Office of the Secretary of State at the address noted above on a Form ACLN-3
			 prescribed by the Secretary of State entitled "Alabama Civil-law Notary Annual
			 Report," which form is set forth in the Appendix to this Division. The annual
			 report shall include the civil-law notary's current business address and
			 telephone number and the identity and signature of another Alabama Civil-law
			 Notary who has agreed to take custody of the civil-law notary's protocol upon
			 the suspension, revocation, incapacitation or death of the civil-law notary. A
			 processing fee payable to the Office of the Secretary of State in the amount of
			 one hundred dollars shall accompany the annual report. The annual report shall
			 be filed and received by the Office of the Secretary of State no later than the
			 last business day of January. Failure to file an annual report with the Office
			 of the Secretary of State by the last business day of January shall result in a
			 late fee of ten dollars per calendar day late through the last business day of
			 February with a maximum late fee of two hundred fifty dollars. If the annual
			 report is not filed and received by the Secretary of State by the last business
			 day of February the Civil-law notary's appointment shall be revoked. A
			 Civil-law notary whose appointment has been revoked due to the failure to file
			 an annual report in accordance with this rule shall be eligible to file a new
			 application, along with a certificate of good standing from the Supreme Court
			 of Alabama that also states that the applicant has been a member of the Alabama
			 Bar for at least five years, issued within 90 days of the date of application,
			 and application processing fee of one hundred dollars, in accordance with Rule
			 820-6-1-.01(2),
			 supra. If said application, certificate, and processing fee are filed with the
			 Secretary of State within one year of the date the Secretary of State notified
			 the Civil-law notary of the revocation of appointment due to failure to file an
			 annual report in accordance with this rule, the applicant will not be required
			 to complete a new examination process. A Civil-law notary whose appointment has
			 been revoked pursuant to this rule who seeks to resume service as a Civil-law
			 notary after one year of the date the Secretary of State notified the Civil-law
			 notary of the revocation of the appointment due to failure to file an annual
			 report must, in addition to the above-stated requirements, successfully
			 complete a new examination process in compliance with Rules (1),
			 820-6-2-.01,
			 and
			 820-6-2-.02.
Formerly 820-X-12-.04, as per certification filed January 10,
				  2001; effective February 14, 2001.
Author:
Charles E. Grainger, Jr.
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-20-50,
				  et seq.