Georgia - U.S. Notary Reference

Last Update: May 28, 2025

Notary Jurisdiction

Statewide (OCGA 45-17-9).

Notary Term Length

Four years (OCGA 45-17-5[a]).

Notary Bond

Not required.

Notary Seal

Required (OCGA 45-17-6[a]).

Notary Journal

Required for certain notarial acts (OCGA 45-17-8[g][2]).

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Commissioning Official

While Georgia’s superior court clerks appoint and commission the state’s Notaries, clerks must forward each Notary’s name, address, signature, age, sex and term of appointment to the Georgia Superior Court Clerks’ Cooperative Authority (GSCCCA) (OCGA 45-17-4), and Notaries are required to report changes in their official status to the Authority. In 1997, the Georgia Secretary of State surrendered the role of keeping the statewide central database of Notaries to the GSCCCA. In addition to maintaining this database, the GSCCCA sends out commission renewal notifications, and, since 1998, has issued authentications/apostilles for notarial acts.

Contact Information

1. Address: Georgia Superior Court Clerks’ Cooperative Authority
   Notary Division
   1875 Century Blvd., Suite 100
   Atlanta, GA 30345

2. Phone: 404-327-6023

3. Website: www.gsccca.org/notary-and-apostilles

Laws, Rules and Guidelines

1. Laws

   1. Official Code of Georgia Annotated: Most Notary statutes are in the Official Code of Georgia Annotated (OCGA), Title 45, Chapter 17 (“Notaries Public”).

   2. Citations: Citations to the Code in this chapter follow this convention: OCGA, title, chapter, section, and any subsection or paragraph within the section, if applicable, in brackets. Example: OCGA 45-18-34-8[d].

2. Rules

   1. The Georgia Superior Court Clerks' Cooperative Authority Notary Public Educational Rules for the State of Georgia: Rules related to the mandatory educational course for Notaries Public may be found in The Georgia Superior Court Clerks' Cooperative Authority Notary Public Educational Rules for the State of Georgia (NPER).

   2. Citations: Citations to the Rules in this chapter follow this convention: NPER, section. Example: NPER, Sec. 5.

3. Guidelines: Other guidelines for Notaries are in the “Georgia Notary Handbook” (GNH) (13th Edition, 2023) issued through the Georgia Superior Court Clerks’ Cooperative Authority.

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In Georgia, the clerks of the county superior courts appoint and commission Notaries (OCGA 45-17-1.1). “The clerk shall … keep a record of the names, addresses, signatures, ages, sex, and the terms of all notaries public whom he appoints” (OCGA 45-17-5). Upon appointing a Notary, a superior court clerk sends to the Georgia Superior Court Clerks’ Cooperative Authority a copy of the certificate of appointment.

Commission Process

1. Qualifications: An applicant for a commission as a Georgia Notary Public must (OCGA 45-17-2):
   (a) be at least 18 years old,
   (b) be a U.S. citizen or a legal resident of the United States,
   (c) have and provide at the time of application the applicant’s operating telephone number,
   (d) be able to read and write the English language and
   (e) be a legal resident of the Georgia county in which the application is made or, if living out of state, be a resident of a state bordering Georgia and regularly employed or carrying out a business or profession in the Georgia county in which application is made.

2. Proof of Residency: To prove county residency, the applicant must submit one of the following to the superior court (OCGA 45-17-2.1): a valid Georgia driver’s license, U.S. passport, voter identification card, or other ID issued by a local or state or the U.S. government.

3. Commission Denial: A Georgia Notary commission may be denied by the clerk of the superior court due to:
   (a) the applicant’s criminal history;
   (b) revocation, suspension or restriction of any Notary commission or professional license in any state;
   (c) commission of any of the prohibited acts listed in OCGA 45-17-15(a); or
   (d) a finding by the Georgia Bar or any court that the applicant engaged in the unauthorized practice of law (GNH).

4. Course: Required. “A notary public shall complete an educational training class relating to the duties of notaries public as provided for in this chapter. Such training shall be completed prior to the initial appointment and within 30 days prior to each subsequent renewal appointment” (OCGA 45-17-8[h][1]).
   “Upon successful completion of the course, the notary applicant will be provided a certificate of completion” (NPER, Rule 2).
   “The notary applicant seeking an initial or renewal appointment will include a certificate of completion, along with the notary application, to the Clerk of Superior Court” (NPER, Rule 3).

5. Exam: Not required.

6. Application

   1. Online or Paper: The application form for first-time or renewing Notaries may be filled out online by residents of most Georgia counties (at https://www.gsccca.org/notary-and-apostilles/notaries/notary-public-application). This web-based process allows the Notary electronically to submit the application directly to the county.
      If the applicant’s county of residence does not participate in this online process, the applicant should obtain an application from the office of the county superior court clerk and submit the completed form in person at the court clerk’s office.

   2. Printed After Completion: After completing the application online, the applicant must print out the application packet so that necessary endorsing signatures may be gathered and the signed application is then brought to the county superior court clerk’s office for final processing and payment.

   3. Endorsers: The application must be signed by two endorsers, who must be 18 years of age or older, residents of the county from which application is made, unrelated to the applicant, and these endorsers must have known the applicant for more than 30 days (OCGA 45-17-2.1[b]).
      For an online submission, the downloaded application must be signed by the applicant and the two endorsers and presented in person at the clerk’s office for processing, including administration of the oath of office.

   4. Certificate of Completion: An applicant for an initial or renewal commission must include a certificate of completion for the required educational training course with the application (NPER, Rule 3).

   5. Fee: The application filing fee payable to the superior court clerk is $37.

   6. Public Record: Information in the application is a matter of public record (OCGA 45-17-2.2).

   7. Oath of Office: “Before entering on the duties of his office, each notary public shall take and subscribe before the clerk of the superior court the following oath, which shall be entered on his minutes: “I, ______________________, do solemnly swear or affirm that I will well and truly perform the duties of a notary public to the best of my ability; and I further swear or affirm that I am not the holder of any public money belonging to the state and unaccounted for, so help me God” (OCGA 45-17-3).

   8. Certificate of Appointment: “At the time the clerk of the superior court issues a certificate of appointment … said officer shall also issue to the appointee a duplicate original of such certificate. The presentation of such duplicate original, either by mail or in person, to the supplier of a notary public seal shall be necessary to authorize such supplier to make up a notary public seal and deliver it to the appointee” (OCGA 45-17-5[b]).
      “Some counties allow notaries to renew by mail. Contact your Clerk of Superior Court’s office for specific details” (website, “General Information About and for Notaries”).

7. Background Screening: Not required.

8. Non-Residents: Legal residents of bordering states (Alabama, Florida, North Carolina, South Carolina and Tennessee) who regularly work or carry on a business or profession in Georgia may be commissioned as Notaries by the superior court clerk of the county in which they regularly work or conduct business (OCGA 45-17-7).

9. Reappointment: “Renewal of a notary public commission may be done in person or by mail at the discretion of the clerk of superior court” (OCGA 45-17-5[a]).
   Typically, a Notary may submit a renewal application no more than 30 days prior to commission expiration; for requesting Notaries who provide the GSCCCA with an email address, a renewal notification will be sent out 30 days prior to expiration. (Separate forms may be downloaded from the website for submitting or correcting the Notary’s email address.)

Jurisdiction

“Notarial acts may be exercised in any county in the state” (OCGA 45-17-9).

Term Length

“Each notary public shall hold office for four years, subject to revocation at any time by the clerk of the superior court, at the end of which time, on petition, his commission may be renewed by order of the clerk for a like term” (OCGA 45-17-5[a]).

Bond

Not required.

Online Search

Through the “Notary Index” (https://search.gsccca.org/notary/search.asp ), the roster of current Notaries may be searched by name, county, city, postal code, range of date of appointment or expiration, and email address. (Notaries have the option of withholding the email address.)

Changes of Status

1. Address Change: Notaries who change their business or residence address (whichever was used for the purpose of appointment) within the state must notify the appointing superior court clerk in writing within 30 days of the change, with a copy to the GSCCCA (OCGA 45-17-13[a]). The notification must be signed, and both old and new addresses must be provided. A “Notary Public Contact Information Change Form” may be downloaded from the website. Any change in the Notary’s telephone number also requires notification. Notaries ceasing to reside or work in the state are subject to having their commission revoked by the superior court clerk (OCGA 45-17-15[a]).
   “If the change of address causes the Notary to leave the county of appointment, the Notary continues to act under the existing commission. The Notary also continues to use his/her/their existing stamp reflecting the current commission until that commission expires. When the notary’s commission comes up for renewal, the notary will apply to the new county of residence. The Notary is not required to purchase a new stamp until the Notary’s commission is renewed in the new county of residence” (GNH).

2. Name Change: Notaries who change their name must notify the appointing superior court clerk in writing, including the new signature and any new address, within 30 days of the change, with a copy to the GSCCCA (OCGA 45-17-13[b]). A “Notary Public Contact Information Change Form” may be downloaded from the website. Both old and new names must be provided. Upon receiving a confirmation from the clerk and obtaining a new seal, the Notary may again begin notarizing with the new name. “Many counties require personal appearance to complete changes to the notary’s commission” (website, “Notary Public FAQ”).

3. Revocation: Notaries whose commissions are revoked must destroy their official seal and deliver all appointment papers to the appointing clerk within 10 days of receiving notice of revocation from this clerk (OCGA 45-17-16), a copy of which is sent to the GSCCCA.

4. Resignation: Notaries who resign their commission must send a signed letter of resignation to the appointing superior court clerk (with a copy to the GSCCCA) along with the appointment papers (OCGA 45-17-17). They must also destroy their official seal.

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Authorized Acts

Georgia Notaries are authorized to perform the following notarial acts (OCGA 45-17-8):

1. Take acknowledgments;

2. Administer oaths and affirmations;

3. Witness affidavits and take verifications upon oath or affirmation (jurats);

4. Witness or attest signatures;

5. Make “certified copies”;

6. Perform “such other acts as they are authorized to perform by other laws of this state.”

Acknowledgments

1. Definition: “The acknowledgment is an act in which a document signer personally appears before a notary, is positively identified, and verbally admits to signing a document freely for the purposes stated therein. The notary certifies in a notarial certificate that these actions were completed” (GNH).

2. Requirements: “To take an acknowledgment, the notary must ask the signer a question in substantially the following form: ‘Do you acknowledge and declare that this is your signature, that you understand this document, and that you willingly signed the document for the purposes stated in it’…. As with an oath or affirmation, the notarial act is technically not complete if the ceremony is not verbalized. An acknowledgment differs from an oath in that the document does not have to be signed in the Notary’s presence. The document could have been signed at some point earlier than the date the signer appears before the Notary to acknowledge the signing and execution of the document” (GNH).

Oaths and Affirmations

1. Definition

   1. Oath: “‘Oath’ includes affirmation” (OCGA 1-3-3[12]).
      An oath is “any form of attestation or pledge by which a person signifies that he/she/they are bound in conscience and out of a sense of responsibility to a Supreme Being to the truthfulness of some statement” (GNH).

   2. Affirmation: An affirmation is “a solemn statement of truth made under penalty of perjury … without religious significance or reference to a Supreme Being” (GNH).
      “An affirmation is the legal equivalent of an oath. Georgia law allows an affirmation to be made in lieu of an oath by persons who prefer to be bound by their own conscience instead of invoking a Supreme Being” (GNH).

2. Requirements

   1. Ceremony: “When administering an oath, the notary must perform a verbal ceremony; that is, the notary makes a verbal statement that the oath-taker repeats verbatim, or asks a question in which the oath-taker makes a verbal response. Oaths and affirmations must be given in person.
      “If the signer is unable to speak, the signer may nod or use some other gesture to indicate agreement or write a response” (GNH).

   2. Form of Oath: “The best way to administer an oath … is for the notary to simply ask the oath taker … ‘Do you solemnly swear under the penalties of perjury that the information contained in this document or statement is the truth, so help you God?” (GNH).

   3. Form of Affirmation: The form of the affirmation is: “Do you solemnly affirm under the penalties of perjury that the information contained in this document or statement is the truth?” (GNH).

   4. Credible Witness Oath: When swearing in a credible witness (see “Identification,” below), the form of the oath would be as follows: “Do you solemnly swear or affirm, under penalties of perjury, that the following are true:
      ● That you personally know this person as (name of person whose signature is to be notarized;
      ● That it is your reasonable belief that this person does not possess any identification required for a notarization;
      ● That it is your reasonable belief that it would be difficult or impossible for this person to obtain such identification; and
      ● That you are not a party to the transaction and have no financial interest in the transaction taking place?” (website, “Credible Witness Affidavit,” downloaded under “Notary Files & Forms”).

   5. Oaths of Office: “Notaries may administer any oath required by state law, including an Oath of Office to public officials. If preferred, the notary may ask the signer to raise his/her right hand in a pledging gesture. Such a ceremony impresses upon the signer the solemnity of the oath taken.

Signature Witnessing and Attesting

1. Definition: “‘Attesting’ and ‘attestation’ are synonymous and mean the notarial act of witnessing or attesting a signature or execution of a deed or other written instrument, where such notarial act does not involve the taking of an acknowledgment, the administering of an oath or affirmation, the taking of a verification, or the certification of a copy” (OCGA 45-17-1).

2. Requirements: In witnessing a signature, the Notary certifies that (a) the signer personally appeared before the Notary at the time of notarization, (b) the signer was positively identified by the Notary and (c) the signer affixed the signature in the presence of the Notary (GNH).

Copy Certifications

1. Definitions

   1. Attested Copy: An attested copy is “a copy of an original document that was made by the Notary, or that the Notary witnessed someone else make. (Georgia law identifies such copies as 'certified copies.') (GNH).

   2. Certified Copy: A certified copy is “a copy of a document or record, signed and certified as a true copy by the public official who has custody of the original record. The term “certified copy” is sometimes used interchangeably with ‘attested copy’ … depending on the state.

2. Requirements: Georgia Notaries may make “certified copies” “provided that the document presented for copying is an original document and is neither a public record nor a publicly recorded document, certified copies of which are available from an official source other than a notary, and provided that the document was photocopied under supervision of the notary” (OCGA 45-17-8[a][6]).

3. Acceptable Documents: Documents which may be copied and certified as a true copy by a Georgia notary public include: business transactions, school diplomas, personal letters, insurance policies, accounting statements, contracts, lease agreements, invoices or bills of sale, student permission forms, consent to give medical treatment forms, living wills, and consent to travel forms; U.S. passport book, and an entry or page from the Notary’s recordbook (GNH).

4. Publicly Recordable Documents: A Georgia notary public is prohibited from making certified copies of publicly recordable documents which include: deeds, mortgages, and other instruments dealing with real estate, vital records, birth certificates, marriage records, divorce records, powers of attorney, probated wills, student records or transcripts from public schools, colleges or universities, military discharges, certain Uniform Commercial Code documents, court pleadings, and documents marked “filed” or “recorded” (GNH).

5. Other Prohibited Documents: Notaries are not authorized to certify the authenticity of a photograph, certificate of naturalization, certificate of citizenship, and permanent resident card (GNH).

6. U.S. Passports: “A Georgia notary public may make a certified copy of a U.S. Passport using the passport holder's affidavit and certified copy guidelines provided by the GSCCCA” (website, “Apostille FAQ” under “General Apostille Information”).
   See “Certificate of Notarial Act,” below for a sample passport affidavit for the latter procedure.

7. School Diplomas: “A Georgia notary public may make a certified copy of the original diploma. The notary must state that this is a ‘true and exact copy of the original’” (website, “Apostille FAQ” under “General Apostille Information”).
   For certifying a copy of an original school diploma, the forms shown under “Certificate of Notarial Act,” (below) for copy certifications by a Notary or by a document custodian may be used.

8. Knowledge of Document: “[N]or is a certification by a notary public that a document is a certified or true copy of an original document evidence to show that such notary public had knowledge of the contents of the document so certified” (OCGA 45-17-8[f]).

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Personal Appearance

“The first step in performing a notarial act is to require the personal appearance of the document signer at the time of notarization. This is absolutely mandatory. In addition to being required by law, personal appearance is essential to the integrity of the transaction” (GNH).

Identification

1. Requirement: “In performing any notarial act, a notary public shall confirm the identity of the document signer, oath taker, or affirmant based on personal knowledge or on satisfactory evidence” (OCGA 45-17-8[e]).

2. Personal Knowledge: “You personally know someone when you have interacted with that person over a substantial period of time. This time period should be long enough for you to feel confident that the person is who he says he is. A friend of long standing, a coworker who you have known for a significant period of time, or a neighbor who has lived near you long enough for you to reasonably know the person are examples of personally knowing. On the other hand, someone you were told about, or someone you met for the first time the day before are examples of people you do not personally know” (GNH).

3. Satisfactory Evidence

   1. Written Identification: “In performing any notarial act, a notary public shall confirm the identity of the document signer, oath taker, or affirmant by verification of a government issued photo identification document, including without limitation a valid driver’s license, personal identification card authorized under Code Sections 40-5-100 through 40-5-104, or a military identification card such as a Veterans Health Identification Card issued by the United States Department of Veterans Affairs….” (OCGA 45-17-8[e]).

   2. Other Documentary Evidence: The “Georgia Notary Handbook” cites the following ID documents as examples of satisfactory evidence:
      (a) a Georgia driver’s license or non-driver’s ID;
      (b) a U.S. passport;
      (c) a foreign passport stamped by the U.S. Bureau of Citizenship and Immigration Services;
      (d) a driver’s license or non-driver’s ID issued by another state, a U.S. territory, Canada or Mexico;
      (e) an ID card issued by any branch of the U.S. military for active duty personnel, retirees, or dependents;
      (f) a permanent resident or “green card” issued by the USCIS.

Refusal of Services

Georgia law explicitly states a Notary is not obligated to notarize under certain circumstances.

1. Illegal or False Transaction: “No notary shall be obligated to perform a notarial act if he or she feels such act is … [f]or a transaction which the notary knows or suspects is illegal, false, or deceptive …” (OCGA 45-17-8[b][1]);

2. Coercion: “No notary shall be obligated to perform a notarial act if he or she feels such act is … [f]or a person who is being coerced …” (OCGA 45-17-8[b][2]).

3. Awareness: “No notary shall be obligated to perform a notarial act if he or she feels such act is … [f]or a person whose demeanor causes compelling doubts about whether the person knows the consequences of the transaction requiring the notarial act…” (OCGA 45-17-8[b][3]).

4. Disqualifying Interest: “No notary shall be obligated to perform a notarial act if he or she feels such act is … [i]n situations which impugn and compromise the notary’s impartiality …” (OCGA 45-17-8[b][4]).
   “May a notary refuse to witness a document? — A notary may, and should, refuse to witness a signature whenever any question exists as to the identity of the signer, the sanity of the signer, or the voluntariness of the signature” (website, “Notary Public FAQ”).

Translator and Notary

“The destination country is requesting apostilles on translations. Are there any special rules? — A translator must sign an affidavit stating that they know English and the language the document is translated into, and that this is a true and complete translation. They must sign this affidavit in the presence of a Georgia notary. The notary cannot act as the translator and the notary for a translated document” (website, “Apostille FAQ”).

Blanks or Missing Pages

“Make sure the document brought to your for the performance of a notarial act is complete. Notaries must never perform any notarial act for a blank or incomplete document” (GNH).

Signature by Mark

“‘Signature’ or ‘subscription’ includes the mark of an illiterate or infirm person (OCGA 1-3-3[19]).
“For a person who cannot make a traditional signature, a mark is acceptable as his legal signature if that person made or adopts the mark as his signature…The signer may NOT be assisted by someone placing the pen in the signer’s had and then physically guiding the signer’s hand to make the mark” (GNH).

Notary as Witness

To enable recording of a deed or real estate document in Georgia, a witness in addition to the Notary is required on documents affecting real property. This raises the question, may a Notary serve as a witness and Notary to one of these documents?

“Can I sign as a witness in addition to acting as a notary on a document? — No. A notary is disqualified from performing a notarial act when he or she is also a party to the document for which notarization is required” (website, “Notary Public FAQs”).

OCGA 45-17-8(c) (see “Disqualifying Interest,” below) prohibits the Notary from notarizing when “the notary is a signer of the document which is to be notarized.” Signing the document as a witness qualifies as a breach of this statute just as much were the Notary to sign the document as the principal and then notarize the signature.

Disqualifying Interest

1. Personal: “A notary shall be disqualified from performing a notarial act in the following situations which impugn and compromise the notary’s impartiality:
   “(1) When the notary is a signer of the document which is to be notarized; or
   “(2) When the notary is a party to the document or transaction for which the notarial act is required” (OCGA 45-17-8[c]).

2. Election Petitions Signed as Elector: A Notary may not notarize nomination and recall petitions, nor petitions for paupers’ affidavits, which the Notary has circulated and signed as an elector: “No notary public may sign the petition as an elector or serve as a circulator of any petition which he or she notarized. Any and all sheets of a petition that have the circulator’s affidavit notarized by a notary public who also served as a circulator of one or more sheets of the petition or who signed one of the sheets of the petition as an elector shall be disqualified and rejected” (OCGA 21-2-132; see also OCGA 21-2-170, 21-4-5 and 21-4-8).

3. Bank/Corporate Notary: A Notary who is a stockholder, director, officer or employee of a bank or other corporation may notarize for bank or corporate transactions, except that such a Notary may not notarize his or her own signature (OCGA 45-17-12).

4. Relatives: “Can a notary notarize documents for relatives? — Georgia law does not specifically address performing notarial acts for relatives. However, the role of a notary public is to be a disinterested witness. Requests to perform notarial acts for any family member may create serious problems and should be avoided” (website, “Notary Public FAQ”).

Unauthorized Practice of Law

1. Prohibition: “A notary who is not an attorney licensed to practice law in this state is prohibited from rendering any service that constitutes the unauthorized practice of law” (OCGA 45-17-8.2[d]).

2. Misrepresentation: A Georgia Notary may not “make claims to have or imply he has powers, qualifications, rights, or privileges that the office of notary does not authorize, including the powers to counsel on immigration matters and to give legal advice” (OCGA 45-17-8.2[a]).

3. Representation as “Legal Consultant”: A Notary who is a non-attorney, may not represent or advertise that the Notary is a “legal consultant” or an expert on legal matters (OCGA 45-17-8.2[c]).

Advertisements

1. Prescribed Notice: “A notary who is not an attorney licensed to practice law in this state who advertises the person’s services as a notary public in English or any other language, by radio, television, signs, pamphlets, newspapers, other written communication, or in any other manner, shall post or otherwise include with the advertisement the notice set forth in this subsection in English and in every other language used for the advertisement. The notice shall be of a conspicuous size, if in writing, and shall state: ‘I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF GEORGIA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.’ If the advertisement is made by radio or television, the statement may be modified but must include substantially the same message” (OCGA 45-17-8.2[b]).

2. Fee Schedule: “A notary required to comply with the provisions of subsection (b) [above] of this Code section shall prominently post at the notary public’s place of business a schedule of fees established by law which a notary may charge. The fee schedule shall be written in English and in any non-English language in which the notary services were solicited and shall contain the notice required in subsection (b) of this Code section, unless the notice is otherwise prominently posted at the notary public’s place of business” (OCGA 45-17-8.2[e]).

Limitations of Notarization

“The signature of a notary public documenting a notarial act shall not be evidence to show that such notary public had knowledge of the contents of the document so signed, other than those specific contents which constitute the signature, execution, acknowledgment, oath, affirmation, affidavit, verification, or other act which the signature of that notary public documents…” (OCGA 45-17-8[f]).

Attachments and Garnishments, Summons

A Notary may not issue attachments or garnishments nor approve bonds for that purpose, nor issue a summons in a dispossessory case, though attesting an affidavit in such cases is allowed (OCGA 45-17-10).

Intent to Deceive

A Notary may not “execute a notarial certificate containing a statement known by the notary to be false nor perform any action with an intent to deceive or defraud” upon penalty of misdemeanor (OCGA 45-17-8[d] and 45-17-20).

Marriage Ceremonies

“In Georgia, can a notary public perform marriage ceremonies? — No. Georgia has not granted notaries public the authority to perform marriage ceremonies” (website, “Notary Public FAQ”).

Immigration Assistance Providers

Georgia’s Registration of Immigration Assistance Act (OCGA 43-20A-1 through 43-20A-21) prescribes special rules for providers of non-legal “immigration assistance” (OCGA 43-20A-2[7]) that impact certain activities of Notaries.

Improper Representation and Advertising: The Act prohibits a non-attorney from representing or advertising, “in conjunction with immigration assistance, other titles or credentials, including but not limited to ‘notary public’ or ‘immigration consultant,’ that could cause a client to believe that the person possesses special professional skills or is authorized to provide advice on an immigration matter; provided, however, that a certified notary public may use the term ‘notary public’ if, the use is accompanied by the statement that the person is not an attorney and the term ‘notary public’ is not translated to another language” (OCGA 43-20A-6[e][2]).

In-Person Electronic Notarial Acts

1. Applicable Law

   1. Uniform Electronic Transactions Act: Georgia has enacted the Uniform Electronic Transactions Act (OCGA 10-12-1 through 10-12-20), including the provision on notarization and acknowledgment: “If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, such requirement shall be satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (OCGA 10-12-11).

   2. Uniform Real Property Electronic Recording Act: Georgia has enacted the Uniform Real Property Electronic Recording Act (OCGA 44-2-35 through 44-2-39.2), including the provision on notarization: “A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included by other applicable law, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (OCGA 44-2-37[c]).

2. Signature “By Hand in Ink”: “Except as otherwise provided in this Code section, in documenting a notarial act , a notary public shall sign on the notarial certification, by hand in ink…” (OCGA 45-17-8.1[a]).

Remote Notarial Acts

The state of Georgia has not enacted permanent statutory provisions or published rules explicitly authorizing Notaries Public to perform remote notarial acts.

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Sufficiency of Certificate

“In the taking of acknowledgments and the performing of other notarial acts requiring certification, a certificate endorsed upon or attached to the instrument or document, which certificate shows the date of the notarial act and which states, in substance, that the person appearing before the officer acknowledged the instrument as his act or made or signed the instrument or document under oath, shall be sufficient for all intents and purposes. The instrument or document shall not be rendered invalid by the failure to state the place of execution or acknowledgment” (OCGA 45-17-33).

Certificate Forms

Georgia’s Notary statutes do not prescribe certificate language for acknowledgments and other acts. The following format is common on deeds and other documents affecting real property that are recorded:

Because Georgia statute does not prescribe certificates for the various notarial acts, the GSCCA recommends use of the following forms for Notaries, when needed:

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Seal Requirement

1. Notarial Acts: Required.
   “For the authentication of his notarial acts each notary public must provide a seal of office” (OCGA 45-17-6[a][1]).

2. Electronic Real Property Records: Not required.
   “A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (OCGA 44-2-37[c]).

Seal Format

Notarial Acts

1. Inked Stamp or Embosser: “The embossment of notarial certificates by the notary’s seal shall be authorized but not necessary, and the use of a rubber or other type stamp shall be sufficient for imprinting the notary’s seal. A scrawl shall not be a sufficient notary seal. An official act must be documented by the notary’s seal” (OCGA 45-17-6[a][1]).

2. Shape/Size: Not specified by statute.

3. Components:

   1. Name of Notary, as it appears on commission certificate;

   2. “Notary Public”;

   3. “Georgia” or “GA”;

   4. Name of county where Notary was commissioned.

   5. OPTIONAL: “Georgia law does not require the notary’s expiration date (on the seal), but we strongly recommend that you include this information on your notary stamp” (GNH).

Examples

The below typical, actual-size examples of traditional official seals which are allowed by Georgia law. Formats other than these may also be permitted.

Open

Traditional Seals

Obtaining a Seal

1. Duplicate Original Commission Certificate Required: “It shall be unlawful for any person, firm, or corporation to supply a notary public seal to any person unless the person has presented the duplicate original of the certificate commissioning the person as a notary public.
   “Each notary will be issued a duplicate original of their Certificate of Appointment for presentment to a supplier of notary seals. The presentment of such a duplicate to a supplier is necessary to obtain a notary seal” (website, “Georgia Notary Law”).

2. Duly Commissioned Notary Only: It shall be unlawful for any person to order or obtain a notary public seal unless such person is commissioned as a notary public” (OCGA 45-17-6[b]).