Title 45 — Title 45

As used in this article, the term: (1) ‘‘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, t…

The power to appoint notaries public is vested in the clerks of the superior courts and may be exercised by them at any time. (Orig. Code 1863, § 1446; Ga. L. 1868, p. 130, § 1; Code 1868, § 1503; Code 1873, § 1497; Code 1882, § 1497; Civil Code 1895, § 498; Civil Code 1910, § 61…

(a) The fees of notaries public shall be as follows: (1) Administering an oath in any case ....................... $ 2.00 (2) Each attendance on any person to make proof as a notary public and certifying to same ................. 2.00 (3) Every other certificate .................…

(a) Every notary public shall notify in writing the appointing clerk of superior court and provide a copy of such notice to the Georgia Superior Court Clerks’ Cooperative Authority of any change in the notary’s residence or business address, whichever was used for the purpose of …

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. (Code 1981, § 45-17-14, enact…

(a) The appointing clerk of superior court may by letter, with a copy to the Georgia Superior Court Clerks’ Cooperative Authority, revoke the commission or deny the reappointment of any notary public who: (1) Violates any provision of this chapter; (2) Performs any notarial act i…

Within ten days after receiving notice from the appointing clerk of superior court that a notarial commission has been revoked, an individual shall send or deliver to the appointing clerk of superior court all papers of appointment. Such individual shall also destroy the official…

A person who wishes to resign a notarial commission shall send a signed letter of resignation to the appointing clerk of superior court, with a copy to the Georgia Superior Court Clerks’ Cooperative Authority, and all papers of appointment. The resigning notary public shall destr…

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. (Code 1981, § 45-17-18, enacted by Ga. L. 1984, p. 1105, § 1.) 45-17-19. Authenticity …

(a) Any individual applying for appointment to be a notary public shall: (1) Be at least 18 years old; (2) Be a United States citizen or be a legal resident of the United States; (3) Be a legal resident of the county from which such individual is appointed; (4) Have, and provide …

(a)(1) Any individual desiring to be a notary public shall submit application to the clerk of superior court of the county in which the individual resides or, when applying under the provisions of Code Section 45-17-7, to the clerk of superior court of the county in which the ind…

The information in the application for appointment and commissioning as a notary public shall be a matter of public record. (Code 1981, § 45-17-2.2, enacted by Ga. L. 1984, p. 1105, § 1; Ga. L. 1985, p. 1469, § 4.) 45-17-2.3. Grant or denial of commission or recommission; grounds…

(a) Any person who violates subsection (d) of Code Section 45-17-8 shall be guilty of a misdemeanor. 494 45-17-30 (b) Any person who performs any notarial service without complying with the provisions of this article shall, upon the first or second conviction, be guilty of a misd…

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 …

45-17-32. Validity and effect of notarial acts. 45-17-33. Sufficiency of certification generally; effect of failure to state place of execution or acknowledgment. 45-17-34. Signature, rank, and branch of officer as proof of authority; action by officer as prima-facie evidence. 47…

The notarial acts authorized by Code Section 45-17-31 are declared legal, valid, and binding; and instruments, documents, oaths, affirmations, depositions, and affidavits acknowledged, authenticated, or sworn to shall be admissible in evidence and eligible to record in this state…

(a)(1) For the authentication of his notarial acts each notary public must provide a seal of office, which seal shall have for its impression his name, the words ‘‘Notary Public,’’ the name of the state, and the county of his residence; or it shall have for its impression his nam…

(a) Notaries public shall have authority to: (1) Witness or attest signature or execution of deeds and other written instruments; (2) Take acknowledgments; (3) Administer oaths and affirmations in all matters incidental to their duties as commercial officers and all other oaths a…

(a) 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, only and exactly the name indicated on the notary’s commission and shall record on the notarial certification the exact …

Notarial acts may be exercised in any county in the state. (Orig. Code 1863, § 1450; Code 1868, § 1507; Code 1873, § 1501; Code 1882, § 1501; Civil Code 1895, § 502; Civil Code 1910, § 620; Code 1933, § 71-106; Ga. L. 1947, p. 1108, § 1; Ga. L. 1984, p. 1105, § 1.)