Georgia - U.S. Notary Reference

Last Update: February 29, 2024

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

Not required.

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Commissioning Official

While Georgia’s superior court clerks appoint and commission the state’s Notaries, these 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 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: Most Notary statutes are in the Official Code of Georgia Annotated (OCGA), Title 45, Chapter 17 (“Notaries Public”).

2. Guidelines: Other guidelines for Notaries are in the “Georgia Notary Handbook” (GNH) (8th Edition, 2016) 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. The GSCCCA keeps a record of each Notary’s name, address, signature, age, sex and term of appointment (OCGA 45-17-4).

Commission Process

1. Qualifications: An applicant for a commission as a Georgia Notary Public must:
   (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 (OCGA 45-17-2). 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.
   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).

2. Course: Not required.

3. Exam: Not required.

4. Application: 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, after which the application packet is printed out by the applicant 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. 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.
   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. The application filing fee payable to the superior court clerk is $37. Information in the application is a matter of public record (OCGA 45-17-2.2).
   “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”).

5. Background Screening: Not required.

6. 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).

7. 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 Georgia Superior Court Clerks’ Cooperative Authority (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 notary moves to another county within the State of Georgia…[t]here is no need for the notary to resign his or her commission in the old county of residence. When the notary’s commission comes up for renewal, the notary will apply to the new county of residence for the new commission. Nor does the notary have to purchase a new stamp until his or her 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 Georgia Superior Court Clerks’ Cooperative Authority (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 Georgia Superior Court Clerks’ Cooperative Authority.

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 Georgia Superior Court Clerks’ Cooperative Authority) along with the appointment papers (OCGA 45-17-17). They must also destroy their official seal.
   It would be wise for a Notary to resign the commission before it is revoked by the clerk of the superior court in cases where the Notary (a) moves out of state or, for a non-resident Notary, no longer works in the state, or (b) can no longer, for whatever reason, read or write the English language (GNH).

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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. Certify 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 therein stated. 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 herein?’…. As with an oath or affirmation, the notarial act is not complete and is not valid 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: “‘Oath’ includes affirmation” (OCGA 1-3-3[12]).
   “An affirmation is the legal equivalent of an oath. Georgia law allows an affirmation 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: “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.
   “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.
   “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?… If the signer is unable to speak, the signer may nod or use some other gesture to indicate agreement or write a response….
   “For an 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).
   “When swearing in a credible witness — see “Identifying Signers” below — the oath (or affirmation) should 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”).

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. 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]).

2. Acceptable Documents: Documents which can be copied and certified by a Georgia notary public include: business transactions, school diplomas, personal letters, a social security card, 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 (GNH).

3. 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 decrees, powers of attorney, probated wills, student records or transcripts from public schools, colleges or universities, military discharges, certain Uniform Commercial Code documents, court pleadings, documents marked “filed” or “recorded” (GNH).

4. 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.

5. School Transcripts, Diplomas: “School transcripts/grades … must be signed by an issuing official of the school in the presence of a notary public…. The simplest method is for a school official (principal, guidance counselor, registrar, etc.) to write a simple letter stating that the attached are the official school documents for this student (website, “Apostille FAQ” under “General Apostille Information”).
   “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”).
   See “Signature Witnessing for School Official’s Letter” under “Notary Certificates,” below for a sample certificate for notarizing the signature of a school official’s letter. For certifying a copy of an original school diploma, the forms shown under “Notary Certificates” (below) for copy certifications by a Notary or by a document custodian may be used.
   “(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

“(T)he signer MUST be present before the notary, no exceptions” (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. Veterans Health ID: “(e) In performing any notarial act, a notary public shall confirm the identity of the document signer, oath taker, or affirmant based on …. on satisfactory evidence. Such satisfactory evidence shall include, but not be limited to, a valid 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 USCIS;
      (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.

4. Credible Witnesses: “There are some people who have no form of identification…. In such cases, there are two forms of credible witness statements that may be used” (GNH).
   “One witness is sufficient if the witness personally knows both the notary and the document signer. Use two witnesses if neither witness is personally known to the notary. Both witnesses must personally know the document signer and be able to produce acceptable identification to the notary. The witness or witnesses must also swear or affirm before the notary that the signer named in the document has no identification and is unable to obtain any, and that the witness is not a party to and has no financial interest in the transaction. Be certain to attach the credible witness affidavit securely to the document being executed to prove your method of identification of the signer” (website, “Credible Witness Affidavit,” downloaded from “Notary Files & Forms”).
   According to the “Georgia Notary Handbook,” each credible witness must make an oath or affirmation — see wording above under “Oaths and Affirmations” — and a written statement that all of the following are true:
   (a) the credible witness personally knows the signer named in the document;
   (b) the signer does not possess acceptable documentary identification;
   (c) the signer has no reasonable way to obtain satisfactory identification; and
   (d) the witness has no financial interest in the transaction, nor is a party to it. A sample “Affidavit of Identity by One or Two Credible Witnesses” is printed below under “Certificate of Notarial Act.”
   “The credible witness affidavit must be used only for signers who have no identification. It must not be used as a convenience for someone who has no identification simply because the person has lost the identification card or left it somewhere else. That person will have to obtain a new identification card or retrieve the one he has” (GNH).
   The “Handbook” states that the Notary must make a journal entry for each witness, in addition to the entry for the notarization.

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 feels such act is … [f]or a transaction which the notary knows or suspects is illegal, false, or deceptive …” (OCGA 45-17-8[b]);

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

3. Awareness: “No notary shall be obligated to perform a notarial act if he 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]).

4. Disqualifying Interest: “No notary shall be obligated to perform a notarial act if he feels such act is … [i]n situations which impugn and compromise the notary’s impartiality …” (OCGA 45-17-8[b]).
   “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

“(T)he signer must present the notary with a complete document, not just the signature page. The notary must be assured there are no blanks in the document that should be filled in at the time of notarization” (GNH).

Signature by Mark

“‘Signature’ or ‘subscription’ includes the mark of an illiterate or infirm person (OCGA 1-3-3[19]).

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), reprinted below under “Disqualifying Interest,” 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 (OCGA 21-2-132, 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: “Notary News,” published by the Georgia Superior Court Clerks’ Cooperative Authority, stated: “Although the statutes do not forbid notarizing the signature of relatives, it is not a good idea. If the notarized document is ever challenged in court, it might be determined that you were not acting as an impartial witness when the document was notarized.”
   “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

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]).

Furthermore, 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

“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]).

“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.

1. Permissible Services: The Act defines certain immigration-related duties that may only be performed by a licensed “immigration assistance provider” (OCGA 43-20A-2[8]). Among the services an immigration assistance provider licensee may perform is “[n]otarizing signatures on government agency forms, provided that the person performing the service is a notary public commissioned in the State of Georgia and is lawfully present in the United States” (OCGA 43-20A-5[a][5]).

2. Posted Signs: Any non-attorney offering immigration assistance — including notarization of immigration documents — “shall post signs at his or her place of business setting forth information in English and in every other language in which the person provides or offers to provide immigration assistance. Each language shall be on a separate sign. Signs shall be posted in a location where the signs will be visible to clients. Each sign shall be at least 12 inches by 17 inches and shall contain the following statement: ‘I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE’” (OCGA 43-20A-6[b]). In addition, any non-attorney who advertises immigration assistance in a language other than English must include the above statement in a conspicuous position in the ad, both in English and in the language of the ad (OCGA 43-20A-6[c]).

3. 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]).
   For violations of the Act, the Secretary of State may assess civil penalties of $1,000 to $50,000 (OCGA 43-20A-7).

In-Person Electronic Notarial Acts

1. Applicable Law

   1. Uniform Electronic Transactions Act: Georgia has enacted the Uniform Electronic Transaction 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: “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. All Notary Laws Apply: “The fact that notarial acts may be performed electronically does not affect the requirements of the notary law or a notary’s responsibilities. The same steps are followed for an electronic notarization as for a standard paper and ink notarization” (GNH).
   According to the “Georgia Notary Handbook,” Notaries performing electronic notarial acts must still: (a) require the personal physical appearance of the signer at the time of the notarial act, (b) positively identify the signer, (c) ascertain the signer’s free will to sign, and (d) determine that the signer appears to understand the import of the transaction. All other elements of the paper-based notarial act — including making a journal entry, completing a notarial certificate and administering any required oath to the signer — must also be performed according to current rules.

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 Georgia Superior Court Clerks’ Cooperative Authority 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).

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 official Notary stamping devices and electronic Notary seals which are allowed by Georgia law. Formats other than these may also be permitted.

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Manufacturing Seal Without Authorization

“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. 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]).

“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”).

Lost or Stolen Seal

“Within ten days of the loss or theft of an official notarial seal, the notary public shall send to the appointing clerk of superior court, with a copy to the Georgia Superior Court Clerks’ Cooperative Authority, a written notice of the loss or theft” (OCGA 45-17-14). “The GSCCCA recommends altering the way the notary is commissioned to distinguish between the old seal and new seal” (website, “Notary Public FAQs”).

“Do not allow others to have access to your notary seal or any other tools or papers related to your official duties. Keep your seal locked in a secure location at all times” (GNH).

Destruction of Seal

“A notary public whose commission expires and who does not apply for renewal of such commission or whose application for renewal of a commission is denied shall destroy the official notary seal” (OCGA 45-17-18). Revocation or resignation of a commission also requires the Notary to destroy the seal (OCGA 45-17-16 and 45-17-17).

Seal Belongs to Notary

“Even though an employer may pay for a notary’s commission…(w)hen you leave your place of employment, your commission and supplies go with you. Your employer may not require you to leave your stamp or seal, commission certificate, or recordbook behind…. [T]he notary’s stamp and other materials may be used only by the notary” (GNH).

Validation of Documents without Seal

“No document executed prior to July 1, 1986, which would otherwise be eligible for recording in the real property records maintained by any clerk of superior court or constitute record notice or actual notice of any matter to any person shall be ineligible for recording or fail to constitute such notice because of noncompliance with the requirement that the document contain a notary seal” (OCGA 45-17-6[a][2]).

Notary Signature

A Georgia Notary Public is required to sign on the notarial certificate, by hand in ink, only and exactly the name indicated on the Notary’s commission (OCGA 45-17-8.1[a]).

Commission Expiration Date

Georgia county recording officials require that the Notary’s commission expiration date appear on deeds and other documents presented for recording in the state. This date need not appear within the Notary’s seal.

“A document is generally valid if the expiration date is mistakenly left out. The wise Notary will always include the expiration date. If no stamp is handy, the expiration date may be handwritten” (website, “Notary Public FAQs”).

Date of Notarization on Deeds

“(a) Except as otherwise provided in this Code section, in documenting a notarial act, a notary public shall sign on the notarial certificate, by hand in ink, only and exactly the name indicated on the notary’s commission and shall record on the notarial certification the exact date of the notarial act.
“(b) The requirement of subsection (a) of this Code section for recording of the date of the notarial act shall not apply to an attestation of deeds or any other instruments pertaining to real property” (OCGA 45-17-8.1).

“In documenting a notarial act, a Notary shall sign the notarial certification in ink exactly as the name appears on the notary commission and shall also record the exact date of the notarial act. However, in connection with attestation of deeds or other instruments pertaining to real property, the date of the notarial act shall not be required” (website, “Georgia Notary Law”).

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Records Requirement

Journal

1. Notarial Acts: Not required.

2. In-Person Electronic Notarial Acts: Not required.

Recordbook Recommendation

“Although Georgia does not require use of a recordbook…. GSCCCA recommend(s) that every notary use a notary recordbook to minimize liability and to keep track of every notarial service performed. Some notaries prefer to keep copies of all the documents over which they have performed a notarial act. This is not a good idea … because of privacy issues” (GNH).

Recordbook Format

“Every time you perform any notarial duty, you should record certain facts about the notarial act in a recordbook. For your protection, your recordbook should be securely bound with numbered pages. The entries should be consecutively numbered as well. All this is designed to prevent someone from tampering with your book or altering it in some way” (GNH).

Recordbook Entries

According to the “Georgia Notary Handbook,” the Notary’s journal or recordbook should contain:

1. Information about the signer, such as name, address and phone number. (“The single most important piece of information you will record in the recordbook is the signer’s original signature in ink. That signature substantiates your certification that the signer personally appeared for the notarization.”)

2. Identification information, such as the specific type of ID presented, a partial ID number, and the ID expiration date.

3. Information about the document, including its title or type and its date.

4. Information about the notarial act, including the type of act, and date and time of day it was performed.

5. The fee for the notarization. (“Also note any fees for additional services or expenses that you pass along to your customers.”)

6. Any pertinent additional information, such as comments about special circumstances.

7. A signer thumbprint is optional. (“Remember that a Georgia notary cannot decline to notarize solely because a signer refuses to provide a thumbprint, since Georgia law does not require a thumbprint to be obtained.”)

Security of Recordbook

“Do not share recordbooks, and keep your recordbook locked up with your notary seal. Do not give access to your notarial records. If you have to go to court to testify about a notarization, you need to be able to put your hands on the recordbook in an instant and be assured that no one has tampered with your book” (GNH).

Property of Notary

“Even though an employer may pay for a notary’s commission…(w)hen you leave your place of employment, your commission and supplies go with you. Your employer may not require you to leave your stamp or seal, commission certificate, or recordbook behind” (GNH).

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Maximum Fees

The maximum fees that a Georgia Notary may charge for a notarial act are (OCGA 45-17-11):

1. Taking an acknowledgment: $2;

2. Administering an oath or affirmation: $2;

3. Any other certificate: $2.

Authenticating Certificate

“The notary may, upon request of the person asking for notary service, charge an additional $2.00 for providing a certificate from the Clerk of Superior Court of the effectiveness of the notary commission” (website, “Georgia Notary Law”).

“It shall not be lawful for any notary public to charge a greater sum than $4.00 for each service performed. Said sum shall include a fee of $2.00 for performing the notarial act and a fee of $2.00 for an attendance to make proof as a notary public and certifying to same if such certification, which shall be issued by the clerk of superior court of the county in which the notary public was appointed or the Georgia Superior Court Clerks’ Cooperative Authority, is required. Registering shall be paid for by the party who has the service performed. The fee for all official acts which the notary may perform shall be the same as those prescribed for other officers who are likewise permitted to perform them” (OCGA 45-17-11[b]).

Announcing Fees

Prior to performing a notarization, the Notary must inform the person requesting the act of the fee (OCGA 45-17-11[d]).

Fees Optional

A Notary is not obligated to charge fees for notarial acts (OCGA 45-17-11[c]).

Travel Fees

“The law does not address travel fees for notarial acts. In the absence of any statutory rule, notaries are allowed to charge a fee for travel as long as the signer is aware that a travel fee is charged and that the travel fee is billed separately from any fee for notary service, and carefully detailed regarding the additional charges” (GNH).

Fee Schedule

Notaries who advertise their services must “prominently post” in their offices a statutory fee schedule in both English and any other language used in the ads (OCGA 45-17-8.2[e]). The following statement must also appear in every language used in the ads: “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” (OCGA 45-17-8.2[b]).

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Notary Signing Agents

1. Attorney-Only: The state of Georgia has traditionally been an “attorney-closing state,” meaning that only licensed attorneys may conduct the settlement at which closing documents are signed. Indeed, in an opinion released November 10, 2003, the Georgia Supreme Court issued UPL Advisory Opinion 2003-2 and thereby dictated that only licensed attorneys — and not laymen such as Notary Signing Agents — may handle closings of home loans and other real estate transactions. “(W)e have consistently held that it is the unauthorized practice of law for someone other than a duly-licensed Georgia attorney to close a real estate transaction or to prepare or facilitate the execution of such deed(s) for the benefit of a seller, borrower, or lender,” the opinion stated.

2. 2012 Law Restrictions: The Georgia Supreme Court’s endorsement of UPL Advisory Opinion 2003-2 did not stop some non-attorney Notary Signing Agents from trying to perform witness-only closings “under the radar.” Neither did it prevent certain Georgia attorneys who were not the attorneys of record for a given real estate transaction from doing what Notary Signing Agents do when they conduct witness-only closings — i.e., attend only the appointment at which loan and real estate conveyance documents are signed. While the companies dispatching these attorneys argued that they thereby met the legal requirement of having an attorney present for the closing, real estate attorneys across the state contended it was the law of Georgia that a single “settlement agent” must handle all parts of a real estate transaction — from abstracting the title and rendering a title opinion to overseeing the signing of documents and disbursing of funds.
   As a result of this dispute, effective July 1, 2012, Georgia Senate Bill 365 was signed into law as Act No. 744 to clarify that only a lender or a licensed Georgia attorney may conduct settlements and disburse closing funds “involving purchase money loans made by a lender, or refinance loans made by the current or new lender, which loans will be secured by deeds to secure debt or mortgages on real estate within the State of Georgia containing not more than four residential dwelling units, whether or not such deeds to secure debt or mortgages have a first-priority status” (OCGA 14-14-13[b]); and the law further prohibits anyone other than the settlement agent (a lender or an active member of the Georgia State Bar) for the entire transaction from overseeing the closing session (OCGA 44-14-13[a][10]).
   “Any individual, corporation, partnership, or other entity conducting the settlement and disbursement of loan funds, when he, she, or it is not the settlement agent, shall be guilty of a misdemeanor” (OCGA 44-14-13[10][f]).
   “Nothing contained in this Code section shall prevent a real estate broker or real estate salesperson from exercising the rights and providing the duties and services specified in Chapter 40 of Title 43” (OCGA 44-14-13[10][g]).

Recording Requirements

“(a) Except for documents electronically filed as provided for in Chapter 12 of Title 10, and in other Code sections in this part, before any deed to realty or personalty or any mortgage, bond for title, or other recordable instrument executed in this state may be recorded, it shall be an original instrument and shall be attested or acknowledged as provided by law. However, nothing in this Code section shall dispense with another witness where an additional witness is required. This Code section shall not apply to transactions covered by Article 9 of Title 11.
“(b) No affidavit prepared under Code Section 44-2-20 and no instrument by which the title to real property or any interest therein is conveyed, created, assigned, encumbered, disposed of, or otherwise affected shall be entitled to recordation unless the name and mailing address of the natural person to whom the affidavit or instrument is to be returned is legibly printed, typewritten, or stamped upon such affidavit or instrument at the top of the first page thereof.
“(c) If an instrument or affidavit is titled or recorded without compliance with subsection (b) of this Code section, such noncompliance does not alone impair the validity of the filing of recordation or of the constructive notice imparted by filing or recordation.
“(d) Subsection (b) of this Code section does not apply to the following:
“(1) An affidavit or instrument executed before July 1, 1994;
“(2) A decree, order, judgment, or writ of any court;
“(3) A will; or
“(4) Any plat” (OCGA 44-2-14).

1. Acknowledgment: “If subsequent to its execution a recordable instrument is acknowledged in the presence of any of the officers referred to in Code Section 44-2-15, that fact, certified on the deed by such officer, shall entitle it to be recorded” (OCGA 44-2-16).

2. Document Size and Margins: “All liens or conveyances presented to the clerk for filing shall be on 8½ inch by 11 inch or 8½ inch by 14 inch paper or the digital equivalent and shall have a three-inch margin at the top to allow space for the clerk's notation required by this paragraph. The clerk shall not record any instrument or document conveying real or personal property, including liens, that is not prepared as required by this paragraph and without receiving all required fees and taxes that are due in connection with such filing. The notation required by this paragraph may be made by the clerk or the clerk’s deputy or employee by written signature, facsimile signature, mechanical printing, or electronic signature or stamp.…” (OCGA 15-6-61).

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Notarial Acts in Georgia

“Any of the instruments enumerated in Code Section 44-2-14 may be attested by a judge of a court of record, including a judge of a municipal court, or by a magistrate, a notary public, or a clerk or deputy clerk of a superior court or of a city court created by special Act of the General Assembly. With the exception of notaries public and judges of courts of record, such officers may attest such instruments only in the county in which they respectively hold their offices” (OCGA 44-2-15).

Court Reporters: Certified court reporters who are officially designated to take testimony have authority to administer oaths to deponents (OCGA 9-11-28).

Notarial Acts Outside Georgia

“To authorize the recording of a deed to realty or personalty executed outside this state, the deed must be attested by or acknowledged before:
“(1) A consul or vice-consul of the United States, whose certificate under his official seal shall be evidence of the fact;
“(2) A judge of a court of record in the state or county where executed, with a certificate of the clerk under the seal of such court of the genuineness of the signature of such judge;
“(3) A clerk of a court of record under the seal of the court; or
“(4) A notary public or justice of the peace of the county or city of the state or the state and the county, city, or country where executed, with his seal of office attached; if such notary public or justice of the peace has no seal, then his official character shall be certified by a clerk of any court of record in the county, city, or country of the residence of such notary or justice of the peace” (OCGA 44-2-21).

U.S. Military Officers

“All commissioned officers of all branches of the armed services of the United States of America are constituted ex officio notaries public of this state and as such are authorized, within and outside this state and within and outside the United States of America, to administer oaths, take acknowledgments, and attest instruments conveying or affecting property in Georgia…A statement of his rank following the signature of any such officer shall be evidence of the fact of his rank and no seal shall be necessary” (OCGA 45-17-30).

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Hague Convention Nations

Since May 1, 1998, the Georgia Superior Court Clerks’ Cooperative Authority has been authorized to affix apostilles on notarized documents sent to other Hague Convention-subscribing nations (OCGA 45-17-19[a][2]) and to affix “certificates of authority” — also called “certifications of Notary Public” — as necessary on notarized documents sent to other U.S. jurisdictions (i.e., states, territories, embassies of the United States).

1. Fees: $2 per document for a “domestic certification” (i.e., certification of Notary Public) for documents sent within the United States; $3 per document for an apostille. Check or money order payable to “GSCCCA.” For walk-in requests, a credit card may be used for payment. An authentication pre-payment voucher process is available on the website. A 3.5% credit card processing fee is charged for the service.

2. Address:
   GSCCCA
   Notary Division
   1875 Century Blvd., Suite 100
   Atlanta, GA 30345

3. Phone:
   404-327-6023
   800-304-5175

4. Website: www.gsccca.org/Projects/apost.asp

5. Procedure: The original notarized document may be mailed or presented in person, along with the fee. The country of destination should be indicated. If mailed, “(i)nclude a cover/request letter or instructional note specifying the destination country and providing contact information” (website, “Apostilles”). An “Apostille Request Form” example is available for download in the “Notary Files & Forms” section of the website. Include a pre-paid, self-addressed envelope or airbill for return. For mail-ins, the normal processing time is one to two business days.

Non-Hague Convention Nations

An authenticating certificate for a document notarized in Georgia that will be sent abroad to a country not subscribing to the Hague Convention on authentication must be obtained from the clerk of the county superior court that has commissioned the Notary (OCGA 45-17-19) at a fee of $3. (See “Extra Fee for Authenticating Certificate,” above, under “Notary’s Fees.”)

Then, another certificate — a “Great Seal Certification” — authenticating that of the county clerk and bearing the state’s Great Seal must be obtained from the Georgia Secretary of State.

1. Fees: $10 per document, payable by check or money order to the “Secretary of State.”

2. Address:
   Office of Secretary of State
   Elections Division--Authentication
   2 Martin Luther King Jr. Drive, SE
   West Tower, Suite 802
   Atlanta, GA 30334-1530

3. Phone: 1-404-657-2871

4. Website: http://sos.ga.gov/index.php/Elections/great_seal

5. Procedure: The document must be notarized and the Notary’s signature must first be certified by the clerk of the superior court in the county where the Notary was commissioned. The signature from the county clerk’s office must be an original pen-and-ink signature. The county certification must be attached to each document prior to authentication. Documents may be mailed or presented in person to the Secretary of State’s office, along with the fee. If mailed, a cover letter must state the country of destination and a contact telephone number. An addressed, stamped 9” by 12” or larger envelope must be included for return of the document, along with any pre-paid air bill. For documents returned by a courier service, a prepaid airbill must be included.
   “To obtain a Great Seal Authentication for university and college transcripts and diplomas, the document(s) must first be certified by the registrar with an original pen and signature or must be notarized in Georgia and certified by the Clerk of Superior Court in the county where the notary is commissioned. Elementary through High School records must be signed by a member of the School Administrative Staff, then notarized and certified by the Clerk of Court in the county where the notary is commissioned” (http://sos.ga.gov/index.php/Elections/great_seal/, “Great Seal FAQs”).

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