| 1 | 1 | | 25 LC 48 1369 |
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| 2 | 2 | | House Bill 189 |
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| 3 | 3 | | By: Representatives Lim of the 98 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Carpenter of the 4 |
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| 6 | 6 | | th |
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| 7 | 7 | | , and Lupton of the 83 |
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| 8 | 8 | | rd |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | To amend Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to |
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| 13 | 13 | | 1 |
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| 14 | 14 | | notaries public, so as to provide for limitations regarding certain notarial acts; to provide for2 |
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| 15 | 15 | | related matters; to repeal conflicting laws; and for other purposes.3 |
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| 16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:4 |
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| 17 | 17 | | SECTION 1.5 |
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| 18 | 18 | | Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public,6 |
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| 19 | 19 | | is amended by adding a new Code section to read as follows:7 |
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| 20 | 20 | | "45-17-21. |
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| 21 | 21 | | 8 |
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| 22 | 22 | | (a) A commission as a notary public shall not authorize an individual to:9 |
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| 23 | 23 | | (1) Assist persons in drafting legal documents, give legal advice, or otherwise practice10 |
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| 24 | 24 | | law;11 |
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| 25 | 25 | | (2) Act as an immigration consultant or an expert on immigration matters;12 |
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| 26 | 26 | | (3) Represent an individual in a judicial or administrative proceeding relating to13 |
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| 27 | 27 | | immigration to the United States, United States citizenship, or related matters;14 |
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| 28 | 28 | | (4) Receive compensation for performing any of the activities listed in this subsection;15 |
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| 29 | 29 | | or16 |
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| 30 | 30 | | H. B. 189 |
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| 31 | 31 | | - 1 - 25 LC 48 1369 |
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| 32 | 32 | | (5) Make certified copies of documents which are either a public record or a publicly17 |
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| 33 | 33 | | recorded document.18 |
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| 34 | 34 | | (b) A notary public shall not engage in false or deceptive advertising.19 |
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| 35 | 35 | | (c) A notary public shall not execute a notarial certificate containing a statement known20 |
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| 36 | 36 | | by the notary public to be false nor perform any action with an intent to deceive or defraud.21 |
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| 37 | 37 | | (d) A notary public, other than an attorney licensed to practice law in this state, shall not22 |
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| 38 | 38 | | use the term 'notario' or 'notario publico.'23 |
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| 39 | 39 | | (e) A notary public, other than an attorney licensed to practice law in this state, shall not24 |
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| 40 | 40 | | advertise or represent that the notary public may assist persons in drafting legal documents,25 |
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| 41 | 41 | | give legal advice, or otherwise practice law.26 |
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| 42 | 42 | | (f) A notary public shall not withhold access to or possession of an original record27 |
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| 43 | 43 | | provided by a person who seeks performance of a notarial act by the notary public.28 |
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| 44 | 44 | | (g) A notary public required to comply with the provisions of subsection (e) of this Code29 |
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| 45 | 45 | | section shall prominently post at the notary public's place of business a schedule of fees30 |
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| 46 | 46 | | established in Code Section 45-17-11. The fee schedule shall be written in English and in31 |
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| 47 | 47 | | any other language in which the notary public's services were solicited and shall contain32 |
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| 48 | 48 | | the notice required in subsection (e) of this Code section, unless the notice is otherwise33 |
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| 49 | 49 | | prominently posted at the notary public's place of business.34 |
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| 50 | 50 | | (h) The Attorney General or prosecuting attorney may seek injunctive relief against any35 |
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| 51 | 51 | | notary public who violates the provisions of this Code section. Nothing in this Code36 |
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| 52 | 52 | | section shall diminish the authority of the State Bar of Georgia.37 |
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| 53 | 53 | | (i) A violation of subsection (d) or (e) of this Code section shall constitute a deceptive38 |
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| 54 | 54 | | trade practice under Code Section 10-1-427 in addition to any other penalties provided by39 |
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| 55 | 55 | | law."40 |
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| 56 | 56 | | SECTION 2.41 |
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| 57 | 57 | | All laws and parts of laws in conflict with this Act are repealed.42 |
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| 58 | 58 | | H. B. 189 |
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| 59 | 59 | | - 2 - |
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