Definition & Disclaimer
Legal disclaimer:
In Georgia, a notary public is not an attorney nor are they licensed or authorized to practice law in any state. They may not give legal advice or accept fees for legal advice.
Georgia Notary Disclaimers & Responsibilities:
Role Limitation: Notaries only verify identities, ensure the signer is acting willingly, and properly complete notarization; they do not provide counsel.
Unauthorized Practice of Law (UPL): Notaries must avoid choosing documents, giving advice on filling them out, or answering legal questions.
Real Estate Closings: In Georgia, an attorney must conduct real estate closings.
2025 Law Update: Effective January 1, 2025, notaries must maintain a journal for "self-filer" documents like deeds, mortgages, and liens.
General
Georgia Notary Law is located in Title 45 Article 17 of the Official Code of Georgia Annotated (O.C.G.A.). Access the online version of the O.C.G.A. through the Georgia General Assembly website located at http://www.legis.ga.gov/.
The Office of the Clerk of Superior Court approves and issues commissions of notary public. Each commission is for a term of four years and may be renewed prior to the expiration of the notary's term of office.
It is unlawful for any person to hold himself or herself out as a notary or exercise the powers of a notary without an effective notary commission. A notary shall not make claims to have or imply he or she has powers, qualifications, rights or privileges that a notary does not possess by law.
Powers and Duties
Notaries Public have authority anywhere within the State of Georgia to:
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Witness or attest signature or execution of deeds and other written instruments;
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Take acknowledgments;
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Administer oaths and affirmations in all matters incidental to their duties as commercial officers and all other oaths and affirmations which are not by law required to be administered by a particular officer;
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Witness affidavits upon oath or affirmation;
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Take verifications upon oath or affirmation;
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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; and
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Perform such other acts as notaries are authorized to perform by the laws of the State of Georgia.
A "notarial act" means any act that a notary is authorized to perform and includes, without limitation, attestation, the taking of an acknowledgment, the administration of an oath or affirmation, the taking of a verification upon an oath or affirmation, and the certification of a copy.
"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.
"Notarial certificate" means the notary's documentation of a notarial act.
Seal of Office & Notarial Certificates
Each notary must provide a seal of office for the authentication of notarial acts. Such seal shall have the notary's name, the words "Notary Public", the county of appointment, and the name of the state.
Embossment of notarial certificate by such seal is authorized but not necessary, and the use of a rubber or other type stamp shall be sufficient for imprinting the notary's seal.
All Notarial Acts Must be Accompanied by the Seal
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.
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.
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