Georgia Senate Bill SB265

Georgia 2023-2024 Regular Session

• Introduced: 2/27/23
• Refer: 2/28/23

Caption

Notaries Public; electronic notarization of certain notarial acts using real time audio-video communication technology; provide

Impact

The implications of SB265 extend to amending existing laws regarding notaries public, as it introduces electronic seals of office and delineates the powers and responsibilities of notaries when conducting electronic notarizations. This change is expected to enhance the efficiency of notarization processes, particularly in real estate transactions, and could potentially reduce logistical barriers for individuals needing notarization services in a digital age.

Summary

Senate Bill 265 seeks to modernize the practice of notarization in Georgia by allowing electronic notarization using real-time audio-video communication technology. The bill outlines specific provisions that must be met for electronic notarizations, including the requirement that the notary public is physically located within Georgia. It establishes a framework for what constitutes 'in the presence of' for notarial acts, expanding it to include interactions conducted over secure audiovisual communication.

Contention

The bill also sets forth stringent penalties and liabilities for notaries who fail to comply with the established regulations, thereby introducing a system of criminal penalties for mismanagement of notarization acts. This includes classifying certain violations as felonies upon repeated offenses, which has raised concerns among stakeholders about the potential for overreach and the impact on notaries and their responsibilities. Critics may argue that the penalties are severe, while supporters contend that they ensure integrity and accountability within the notarization process.