On March 26, 2020, Gov. Kay Ivey issued a supplemental proclamation providing procedures that allow for certain documents to be witnessed and notarized through video conferencing. The purpose of this emergency proclamation is to promote the safety and protection of the citizens of Alabama caused by the increased risk of transmission of COVID-19 through person-to-person contact. A complete copy of the recent proclamation can be read here.

In Alabama, certain legal documents require the attestation of one or more witnesses and/or the verification and acknowledgment of a notary public. A few examples include powers of attorneys, wills, trusts, deeds, mortgages, as well as certain pleadings and filings necessary for court proceedings. The witness and notary requirements for execution of documents vary depending on the type of document.

In general, a witness is a third party that subscribes to a document and attests that it was signed by a particular person. In the absence of the person executing the document, or a dispute concerning execution, a witness may be called to provide testimony to prove the authenticity of the document.

A notary public is a public officer appointed and commissioned for a four-year term by the judge of probate of the county where the notary resides. A notary is required to give a bond in the sum of $25,000 payable to the State of Alabama which is conditioned upon the faithful discharge of the notary’s duties. A notary has certain powers including the authority to administer oaths to take the acknowledgment or proof of instruments of writing and to certify those documents.

The recent proclamation allows notaries in Alabama who are licensed attorneys, or notaries operating under the supervision of licensed attorneys, to notarize signatures through video conferencing programs and to confirm the signatures of witnesses who participate virtually through video conferencing, as if they were physically present at the signing.

The proclamation also allows witnesses to be considered an “in person” witness, provided that the presence and identify of such witnesses are validated by the notary at the time of signing by the same identifications required by law.

Essentially, the signature of a witness that participates via video conference is required to be notarized by a notary. The notary may participate by video conference, provided they are a licensed attorney or supervised by a licensed attorney, and follow the appropriate procedures for verifying the signatures of the person signing the document and the witnesses.

After the document is executed and witnessed on the video conference, the originals are required to be returned to the notary for certification and execution. Under the proclamation, the official date and time of the notarization is deemed to be the date and time when the notary witnesses the signature via video conference, as opposed to when the notary receives and certifies the originals.

This recent proclamation is an important step that allows attorneys to provide much needed services to clients in Alabama, during the midst of the COVID-19 crisis, including estate planning and probate attorneys. Hamer Law Group has limited in person meetings to only those necessary or required to serve the immediate needs of our clients, as have most law firms in Alabama. The recent proclamation allows us to further serve our clients using video conferencing technology, which provides added protection for both our staff and our clients during this unprecedented time.