25 LC 48 1422
House Bill 289
By: Representatives Gullett of the 19
th
, Efstration of the 104
th
, Williamson of the 112
th
, Jones
of the 25
th
, Holcomb of the 101
st
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 6 of Title 15 and Article 1 of Chapter 17 of Title 45 of the
1
Official Code of Georgia Annotated, relating to clerks of superior courts and general2
provisions regarding notaries public, respectively, so as to provide for remote online notaries3
public and remote online notarizations; to revise and provide for definitions; to revise the4
powers of the Georgia Superior Court Clerks' Cooperative Authority; to provide for5
requirements for remote online notaries public and remote online notarization; to provide that6
the Georgia Superior Court Clerks' Cooperative Authority may adopt certain standards for7
remote online notarization; to provide for application and appointment as a remote online8
notary public; to provide requirements for electronic journaling; to amend Part 2 of Article9
15 of Chapter 1 of Title 10, Part 1 of Article 1 of Chapter 2 of Title 44 and Article 4 of10
Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the "Fair11
Business Practices Act of 1975," recording of deeds and other real property transactions and12
inspection of public records, respectively, so as to provide for an unfair or deceptive practice13
in consumer transactions in the recording of certain residential real estate documents; to14
revise recordation standards for deeds and other real property transactions requiring an15
official and an unofficial witness; to provide for the electronic execution of instruments,16
documents, deeds, and real estate documents; to provide that certain records of remote online17
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notarization processes shall not be subject to public disclosure; to provide for related matters;
18
to provide an effective date; to repeal conflicting laws; and for other purposes.19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:20
PART I21
SECTION 1-1.22
Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to23
clerks of superior courts, is amended by revising paragraphs (8) and (9) and by adding a new24
paragraph to subsection (d) of Code Section 15-6-94, relating to the Georgia Superior Court25
Clerks' Cooperative Authority, to read as follows:26
"(8) To exercise any power granted by the laws of this state to public or private27
corporations which is not in conflict with the public purpose of the authority; and
28
(9) To issue technical standards for remote online notarization pursuant to Article 1 of29
Chapter 17 of Title 45; and30
(9)(10) To do all things necessary or convenient to carry out the powers conferred by this31
Code section and to carry out such duties and activities as are specifically imposed upon32
the authority by law."33
SECTION 1-2.34
Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to35
general provisions regarding notaries public, is amended by revising Code Section 45-17-1,36
relating to definitions, as follows:37
"45-17-1.38
As used in this article, the term:39
(1) 'Appear', 'personally appear', and 'in the presence of' mean:40
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(A) Being in the same physical location as another individual and close enough to see,41
hear, communicate with, and exchange tangible identification credentials with such42
individual; or43
(B) Interacting with another individual by means of communication technology that44
complies with the provisions of this article.45
(2) 'Attesting', and 'attestation', and 'attested' are synonymous and mean the notarial act46
of witnessing or attesting a signature or execution of a deed or other written instrument,47
where such notarial act does not involve the taking of an acknowledgment, the48
administering of an oath or affirmation, the taking of a verification, or the certification49
of a copy.50
(3) 'Communication technology' means an electronic device or process that allows a51
remote online notary public physically located in this state and a remotely located52
individual to communicate with each other simultaneously by sight and sound and which,53
as necessary, makes reasonable accommodations for individuals with vision, hearing, or54
speech impediments.55
(4) 'Credential analysis' means a process or service operating according to the standards56
through which a third-party business entity affirms the validity of a government issued57
identification credential through review of public or proprietary data sources.58
(5) 'Digital signature' means an electronic signature that embeds registered personal key59
infrastructure technology into the signing process and provides for the authentication of60
the identity of a remote online notary public, confirmation of the signed document's61
contents, and for the nonrepudiation of the notary's electronic signature. The digital62
signature shall be made pursuant to and associated with a digital certificate issued by a63
trusted service provider which is attached to or logically associated with an electronic64
document and adopted by a notary public with the intent to sign an electronic document65
in the official capacity as a notary. Such term means an electronic signature that is, and66
shall be, made in compliance with the standards adopted pursuant to this article by the67
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Georgia Superior Court Clerks' Cooperative Authority based on the Digital Signature68
Standard (DSS) of the National Institute of Standards and Technology (NIST).69
(6) 'Electronic' means relating to technology having electrical, digital, magnetic,70
wireless, optical, electromagnetic, or similar capabilities.71
(7) 'Electronic document' and 'electronic record' mean information created, generated,72
sent, communicated, received, or stored by electronic means.73
(8) 'Electronic in-person notarization' means the notarization of an electronic record74
when the signer or signers of the record are in the physical presence of the notary public75
and that include the notary's electronic notarial certificate, the notary's digital signature,76
and electronic signatures of each signer.77
(9) 'Electronic journal' means a record kept by the remote online notary public to track78
and document each notarial act performed, as provided by subsection (a) of Code Section79
45-17-8.5.80
(10) 'Electronic notarial certificate' means the electronic form of an acknowledgment,81
jurat, verification by oath or affirmation, or verification of witness or attestation that is82
completed by a notary performing an electronic in-person notarization and:83
(A) Contains the notary public's digital signature, electronic seal, title, and commission84
expiration date; or85
(B) Otherwise conforms to the requirements for an acknowledgment, jurat, verification86
by oath or affirmation, or verification of witness or attestation under the laws of this87
state.88
(11) 'Electronic seal' means information within a notarized electronic document that89
confirms the remote online notary public's, or electronic in-person notary public's, name,90
jurisdiction, commission expiration date, commission number, and otherwise generally91
corresponds to information in notary public seals used on paper documents.92
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(12) 'Electronic signature' means an electronic sound, symbol, or process attached to or93
logically associated with an electronic record and executed or adopted by an individual94
with the intent to sign the electronic document or record.95
(13) 'Identity proofing' means a process or service operating pursuant to the standards96
through which credential analysis and authentication confirms the identity of an97
individual.98
(2)(14) 'Notarial act' means any act that a notary public is authorized by law to perform99
and includes, without limitation, attestation, the taking of an acknowledgment, the100
administration of an oath or affirmation, the taking of a verification upon an oath or101
affirmation, and the certification of a copy.102
(3)(15) 'Notarial certificate' means the notary's documentation of a notarial act.103
(16) 'Notary' and 'notary public' mean a person who has been granted a commission by104
a clerk of superior court pursuant to Code Section 45-17-2.3.105
(17) 'Original appointment' means a notary public appointment other than a remote106
online notary public appointment.107
(18) 'Real estate document' means any instrument, document, or deed entitled to108
recordation in the real property records or lien indices or recording records maintained109
by the clerk of superior court, and any instrument or document executed in connection110
with the conveyance of land whether recorded or not.111
(19) 'Remote online notarial certificate' is the electronic form of an acknowledgment,112
jurat, verification by oath or affirmation, or verification of witness or attestation that is113
completed by a remote online notary public performing a remote online notarization and:114
(A) Contains the remote online notary public's digital signature, electronic seal, title,115
and commission expiration date;116
(B) Contains the date and location address of the signer or signers and the location117
address of the remote online notary public;118
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(C) Contains a statement that the signer or signers executing the electronic document119
or making the acknowledgment, jurat, oath, affirmation, verification, or attestation120
appeared remotely online;121
(D) Otherwise conforms to the requirements for an acknowledgment, jurat, verification122
by oath or affirmation, or verification of witness or attestation under the laws of this123
state; and124
(E) Contains a statement that the signer or signers affirmatively agreed to electronic125
execution and remote online notarization.126
(20) 'Remote online notarization' or 'remote online notarial act' means a notarial act127
performed by a remote online notary public by means of communication technology128
according to the provisions of this article.129
(21) 'Remote online notary public' means a notary public who has been commissioned130
as a remote online notary public to perform online notarizations under this article.131
(22) 'Remote presentation' means transmission to the remote online notary public132
through communication technology of an image of a government issued identification133
credential that is of sufficient quality to enable the remote online notary public to:134
(A) Identify the individual seeking the remote online notary public's services; and135
(B) Perform credential analysis.136
(23) 'Remotely located individual' means an individual who is not in the physical137
presence of the remote online notary public.138
(24) 'Repository' means a third-party business entity authorized to transact business in139
this state that is in the business of retaining electronic journals and copies of audiovisual140
recordings of remote online notarizations according to Code Section 45-17-8.5.141
(25) 'Signer' means an individual whose electronic signature is notarized in an electronic142
in-person notarization or a remote online notarization or is making an oath or affirmation143
or an acknowledgment, other than in the capacity of a witness, for a document which is144
to be notarized by an electronic in-person notarization or a remote online notarization.145
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(26) 'Standards' means the remote online notary standards as shall be adopted by the146
Georgia Superior Court Clerks' Cooperative Authority."147
SECTION 1-3.148
Said article is further amended by revising Code Section 45-17-6, relating to seal of office,149
as follows:150
"45-17-6.151
(a)(1) For the authentication of his or her notarial acts, each notary public must provide152
a seal of office, which seal shall have for its impression his the notary's name, the words153
'Notary Public,' the name of the state, and the county of his residence the notary's154
appointment; or it shall have for its impression his the notary's name and the words155
'Notary Public, Georgia, State at Large.' Notaries commissioned or renewing their156
commission after July 1, 1985, shall provide a seal of office which shall have for its157
impression the notary's name, the words 'Notary Public,' the name of the state, and the158
county of his the notary's appointment. The embossment of notarial certificates by the159
notary's seal shall be authorized but not necessary, and the use of a rubber or other type160
stamp shall be sufficient for imprinting the notary's seal on paper notarial certificates. A161
scrawl shall not be a sufficient notary seal. An official notarial act must be documented162
by the notary's seal. An electronic seal shall be used for purposes of any electronic163
in-person notarization or remote online notarization.164
(2) No document executed prior to July 1, 1986, which would otherwise be eligible for165
recording in the real property records maintained by any clerk of superior court or166
constitute record notice or actual notice of any matter to any person shall be ineligible for167
recording or fail to constitute such notice because of noncompliance with the requirement168
that the document contain a notary seal.169
(b) It shall be unlawful for any person, firm, or corporation to supply a notary public seal170
to any person unless the person has presented the duplicate original of the certificate171
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commissioning the person as a notary public. It shall be unlawful for any person to order
172
or obtain a notary public seal unless such person is commissioned as a notary public."173
SECTION 1-4.174
Said article is further amended by revising subsection (a) of Code Section 45-17-8.1, relating175
to signature and date of notarial act, as follows:176
"(a) Except as otherwise provided in this Code section, in documenting a notarial act, a177
notary public shall sign on the notarial certification, digitally in the case of electronic
178
in-person notarization or remote online notarization or by hand in ink in all other cases,179
only and exactly the name indicated on the notary's commission and shall record on the180
notarial certification the exact date of the notarial act."181
SECTION 1-5.182
Said article is further amended by adding new Code sections to read as follows:183
"45-17-8.3.184
(a) Prior to January 1, 2026, the Georgia Superior Court Clerks' Cooperative Authority185
shall adopt standards for remote online notarization in accordance with this article.186
(b) The Georgia Superior Court Clerks' Cooperative Authority may confer with any187
appropriate state agency on matters relating to equipment, security, and technological188
aspects of the remote online notarization standards.189
(c) In the adoption of any standards it may adopt pursuant to this article, the Georgia190
Superior Court Clerks' Cooperative Authority shall consider the most recent standards191
established by relevant national bodies, including, but not limited to, the Mortgage Industry192
Standards Maintenance Organization (MISMO) and the National Association of Secretaries193
of State (NASS).194
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45-17-8.4.195
(a) Appointment as a notary public in this state shall be a requirement and condition196
precedent for appointment as a remote online notary public.197
(b) Before each application for appointment as a remote online notary public, an individual198
shall complete a course of instruction provided by the Georgia Superior Court Clerks'199
Cooperative Authority and pass an examination based on such course. The content of the200
course shall include notarial standards and procedures, the standards, and ethical201
obligations pertaining to electronic in-person notarization and remote online notarization202
in this article or in any other law. Such course may be taken in conjunction with any203
course required by the clerk of superior court for an original appointment. The standards204
for such course shall be developed and maintained and administered by the Georgia205
Superior Court Clerks' Cooperative Authority.206
(c) Except for a remote online notary public as commissioned under subsection (h) of this207
Code section, effective January 1, 2026, an individual who meets the qualifications for208
becoming a notary public of this state desiring to be appointed as a remote online notary209
public shall submit an application to the clerk of superior court of the county of the210
applicant's current residence. In the event that such applicant is the holder of an unexpired211
notary commission issued from a county other than the county of the applicant's current212
residence, such applicant shall officially resign the unexpired commission and make new213
application to the clerk of superior court for the county of current residence for both a214
notary commission and appointment as a remote online notary public. An application may215
request both an original appointment or renewal and a remote online notary public216
appointment. The application for a remote online notary public appointment shall set forth217
the declaration that the notary meets the qualifications for remote online notarization as218
provided by this article. Such application shall include, but shall not be limited to:219
(1) The applicant's legal name to be used in acting as a notary public;220
(2) Email address of the applicant;221
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(3) Telephone number of the applicant;222
(4) Proof of successful completion by the applicant of the course and examination223
required by subsection (b) of this Code section;224
(5) A physical residential address of the applicant in this state if a resident of this state;225
(6) The business address of the applicant in this state if the applicant is a resident of a226
state bordering this state who maintains a business or profession in the State of Georgia227
or who is regularly employed in this state.228
(7) Evidence that the notary surety bond prescribed by this article for the performance229
or remote online notarial acts has been issued;230
(8) The identity of the technology provider the remote online notary public intends to use231
for remote online notarization and the repository to be used by such notary for232
maintenance of his or her electronic journal and audiovisual recordings. The technology233
provider, communication technology, and repository selected by the remote online notary234
public must conform to standards;235
(9) A certification that the applicant will comply with this article and the standards;236
(10) Disclosure of any and all license or commission revocations or other governmental237
disciplinary actions against the applicant; and238
(11) Any other information, evidence, or declaration requested by the clerk of superior239
court.240
(d) The fee for submitting an application for appointment as a remote online notary shall241
be the same fee as for an application for an original appointment pursuant to Code Section242
45-17-4. One fee shall be collected for each of the following:243
(1) An application for an appointment as a remote online notary public;244
(2) An application for a notary commission renewal and an appointment as a remote245
online notary public; or246
(3) An application for an original or new notary commission and appointment as a247
remote online notary public.248
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(e) Upon the applicant's fulfillment of the requirements for commission or appointment249
under this chapter, the clerk of superior court may approve or deny the commission or250
appointment based on Code Section 45-17-2.3 and the provisions of this article, and upon251
approval shall issue to the applicant an appointment as a remote online notary public and252
a unique remote online notary public commission number.253
(f) Unless terminated pursuant to this article, the term of commission to perform remote254
online notarization shall coincide with the term of the original appointment or any renewal255
thereof.256
(g) Upon approval of the application to be appointed a remote online notary public by the257
clerk of superior court, such notary shall:258
(1) Be authorized to perform remote online notarization pursuant to this article;259
(2) Maintain a notary surety bond in the amount of $2,000.00;260
(3) Except for a remote online notary public as appointed under subsection (h) of this261
Code section, maintain a residential domicile and physical presence in this state; and262
(4) Promptly notify the appointing clerk of superior court, with a copy to the Georgia 263
Superior Court Clerks' Cooperative Authority, of any change in the information provided 264
in the remote online notary public application, including, but not limited to, legal name,265
email address, telephone number, physical residential address, any change in the266
technology or repository provider used by such online notary public, and the name and267
address of the repository used by such remote online notary public for maintenance of his268
or her electronic journal.269
(h)(1) Any person who is a resident of a state bordering this state and who carries on a270
business or profession in the State of Georgia or who is regularly employed in this state271
may be appointed as a remote online notary public by the clerk of the superior court of272
the county in which the person carries on said profession, business, or employment.273
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(2) Such person wishing to be appointed as a remote online notary public shall meet all274
the requirements of Code Section 45-17-2 as to an original appointment and this article275
as to a remote online notary public appointment.276
(3) In addition to the submission requirements for an original appointment under Code277
Section 45-17-2.1, such individual shall submit the application for a remote online notary278
public as required in this article to the clerk of superior court in the county in which such279
individual carries on such profession, business, or employment. The clerk of superior280
court shall approve or deny such application based on the provisions of this article and281
Code Section 45-17-2.3. Upon approval and payment of the usual fees to the clerk, the282
applicant shall be issued a unique remote online notary public commission number and283
shall be authorized to perform all duties and exercise all of the powers and authorities284
relating to remote online notary publics who are residents of this state.285
45-17-8.5.286
(a) Each remote online notary public shall keep a secure, permanent, tamper-evident287
electronic journal in accordance with the provisions of this article and the standards with288
entries for each remote online notarization. A journal entry shall at a minimum include the:289
(1) Date and time of the remote online notarization;290
(2) Type of remote online notarial act;291
(3) Type, title, or description of the electronic document or proceeding;292
(4) Name and address of each signer involved in the transaction or proceeding notarized293
by such notary;294
(5) Confirmation of identify based on evidence of identity presented for each signer295
involved in the transaction or proceeding in the form of:296
(A) Notation of the type of identification document provided to the remote online297
notary public pursuant to the credential analysis; and298
(B) A description and results of each identity proofing performed;299
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(6) Physical location of the signer or signers of the document at the time of notarization;300
(7) Physical location of the remote online notary public at the time of remote online301
notarization; and302
(8) The fee, if any, charged for the remote online notarization.303
(b) The electronic journal shall be retained and maintained for at least ten years after the304
date of the last remote online notarial transaction performed.305
(c) Each remote online notary public shall cause an electronic copy of each electronic306
journal entry to be promptly transmitted to and retained by a repository for retention. Each307
repository receiving any journal or journal entry shall securely retain and maintain such308
electronic journal for a minimum of ten years following the last submission of an electronic309
journal entry by a remote online notary public.310
(d) Each remote online notary public shall create an audiovisual recording of the311
performance of the remote online notarial act as evidence of participant identity, type of312
participant identification presented, and the validity of the notarial act.313
(e) Each remote online notary public shall cause an electronic copy of each audiovisual314
recording to be immediately transmitted to and retained by a repository. Each repository315
receiving any audiovisual recording shall securely retain and maintain such audiovisual316
recording for a minimum of ten years following submission of the last audiovisual317
recording submitted by a remote online notary public.318
(f)(1) In the adoption of any standards regarding remote online notarization, the Georgia319
Superior Court Clerks' Cooperative Authority shall consider the most recent guidance or320
model standards proposed by relevant organizations recognized in such field of practice,321
including, but not limited to, the Mortgage Industry Standards Maintenance Organization322
(MISMO) and the National Association of Secretaries of State (NASS).323
(2) In the adoption of any standards regarding digital signatures, the Georgia Superior324
Court Clerks' Cooperative Authority shall consider the most recent guidance or model325
standards proposed by relevant organizations recognized in such field of practice,326
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including, but not limited to, the Digital Signature Standard (DSS) of the National327
Institute of Standards and Technology (NIST).328
(g) A remote online notary public shall take reasonable steps to:329
(1) Ensure the integrity, security, and authenticity of each remote online notarization;330
(2) Maintain a backup of each electronic journal required by subsection (a) of this Code331
section and the recording required by subsection (d) of this Code section; and332
(3) Protect the backup record from unauthorized use.333
45-17-8.6.334
(a) A notary public physically located in this state may perform electronic in-person335
notarization in accordance with this article and the standards for an individual who is in the336
physical presence of the notary public.337
(b) A remote online notary public physically located in this state may perform remote338
online notarization using communication technology in accordance with this article and the339
standards for a remotely located individual who is physically located:340
(1) In this state;341
(2) Outside this state but within the United States; or342
(3) Outside the United States if:343
(A) The remote online notary public has no actual knowledge that the act of making344
the statement or signing the electronic record is prohibited in the jurisdiction in which345
the person is located; and346
(B) The signer placing his or her electronic signature on the electronic record confirms347
to the remote online notary public that the requested remote online notarial act and the348
electronic record:349
(i) Are part of or pertain to a matter that is to be filed with or is currently before a350
court, governmental entity, or other entity in the United States;351
(ii) Relate to property located in the United States; or352
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(iii) Relate to a transaction that is substantively connected to the United States.353
45-17-8.7.354
(a) A notary public and a remote online notary public shall take reasonable steps to ensure355
that any registered device or digital certificate used to create an electronic signature or the356
notary's or remote online notary public's digital signature is current, valid, and has not been357
revoked or terminated by the device's or certificate's issuing or registering authority.358
(b) The duties of the notary public and the remote online notary public, in addition to the359
duties provided for in Code Section 45-17-8, are to:360
(1) Keep his or her electronic record, electronic signature, and electronic seal secure and361
under his or her exclusive control;362
(2) Not allow another person to use his or her electronic record, digital signature, or363
electronic seal. A remote online notary public may use such remote online notary364
public's digital signature only for performing electronic in-person notarization or remote365
online notarization and a notary public may use such notary public's digital signature only366
for performing electronic in-person notarization;367
(3) Attach his or her digital signature and seal to the remote online notarial certificate of368
an electronic document in a manner that is conducive to independent verification and369
renders evident any subsequent change or modification to the electronic document; and370
(4) Immediately notify an appropriate law enforcement agency and appointing clerk of371
superior court, with a copy to the Georgia Superior Court Clerks' Cooperative Authority,372
of the theft or vandalism of such notary's or remote online notary public's electronic373
record, digital signature, or electronic seal. A notary public or a remote online notary374
public shall immediately notify the appointing clerk of superior court, with a copy to the375
Georgia Superior Court Clerks' Cooperative Authority, if his or her electronic record,376
digital signature, or electronic seal has been lost or used by another person.377
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45-17-8.8.378
(a) In performing a remote online notarization, a remote online notary public shall verify379
the identity of a signer creating an electronic signature at the time that the signature is taken380
by using secure communication technology that meets the requirements of this article and381
any standards adopted under this article; provided, however, that a failure to provide an382
accommodation shall not invalidate an otherwise valid notarial act. Identity shall be383
verified by each of the following:384
(1) Remote presentation by the person creating the electronic signature of a valid385
government issued identification credential, including a passport or driver's license, that386
contains the signature and a photograph of such person;387
(2) Credential analysis; and388
(3) Successful verified identity proofing.389
(b) The remote online notary public's communication technology provider and repository390
shall take reasonable steps to ensure that the communication technology used for a remote391
online notarization is secure from unauthorized interception. Each provider of392
communication technology products or services for remote online notarization in this state393
shall cause such products or services to comply with all provisions of this article and the394
standards relating to remote online notarization. Prior to providing remote online notary395
public products or services, a communication technology provider shall present a certificate396
of compliance to the remote online notary public affirming that such products and services397
comply with the provisions of this article and the standards pursuant to this article.398
(c) A remote online notary public shall require his or her communication technology399
provider used to comply with the provisions of this article and the standards.400
(d) A remote online notarial act meeting the provisions of this Code section shall satisfy401
the requirement of any law of this state relating to a notarial act that requires a signer to402
appear or personally appear before a notary or that the notarial act be performed in the403
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presence of a notary, except for a notarial act pursuant to a law governing the creation and404
execution of wills, codicils, or testamentary trusts.405
(e) An electronic document executed by a signer and notarized under this article by a406
remote online notary public shall be deemed to be executed in this state.407
45-17-8.9.408
(a) A remote online notary public or the remote online notary public's employer may409
charge a fee for performance of remote online notarization in an amount not to exceed410
$25.00 per remote online notarization.411
(b) A notary public or a remote online notary public whose commission terminates shall412
destroy or delete the coding, disk, certificate, card, software, hardware, or password that413
enables the electronic affixation of the notary public's or remote online notary public's414
official digital signature and electronic seal.415
(c) Any person that, without authorization, knowingly obtains, conceals, damages,416
destroys, or deletes the coding, disk, certificate, card, software, hardware, or password417
enabling a notary public or a remote online notary public to affix a digital signature or418
electronic seal shall, upon conviction thereof, be guilty of a misdemeanor and punished419
pursuant to Code Section 45-17-20.420
45-17-8.10.421
(a) Nothing in this article shall be construed to alter or supersede any provision of law as422
set forth under Article 3 of Chapter 19 of Title 15 or any opinion or ruling by the Supreme423
Court of Georgia pertaining to the unauthorized practice of law in this state, including, but424
not limited to, the requirement that a licensed Georgia attorney shall supervise a real estate425
closing for real property located in this state.426
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(b) A remote online notary public who is not a licensed Georgia attorney shall be427
prohibited from rendering services or advice that constitutes the practice of law in this428
state.429
45-17-8.11.430
(a) Any public official in this state, including all public officials of county and municipal431
government entities, shall be authorized to accept as an original a reproduction of any432
document executed using electronic signatures or electronic signatures and remote online433
notarization.434
(b) Any requirement that an instrument, document, deed, or real estate document be435
attested or acknowledged by a notary public and the requirement of confirmation of436
identity of the document signer, oath taker, or affirmant contained in 45-17-8 is satisfied437
by a remote online notarial act or an electronic in-person notarial act meeting the438
requirements of this article.439
(c) A remote online notarial act performed by a remote online notary public commissioned440
or registered in another state shall have the same effect under the laws of this state as if441
performed by a notary public appointed in this state.442
(d) A notary public or a remote online notary public shall not perform any notarial act by443
electronic in-person notarization or remote online notarial act by remote online notarization444
if the notarial act or remote online notarial act is pursuant to a law governing the creation445
and execution of any will, codicil or testamentary trust.446
SECTION 1-6.447
Said article is further amended by revising Code Section 45-17-9, relating to where notarial448
acts may be exercised, as follows:449
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"45-17-9.
450
Notarial acts or remote online notarial acts
may be exercised in or from any county in the451
this state."452
SECTION 1-7.453
Said article is further amended by revising Code Section 45-17-17, relating to resignation of454
commission, return of papers, and destruction of seal, as follows:455
"45-17-17.456
A person who wishes to resign a notarial commission or remote online notarial457
appointment shall send a signed letter of resignation to the appointing clerk of superior458
court, with a copy to the Georgia Superior Court Clerks' Cooperative Authority, and all459
papers of commission or appointment. The resigning notary public or remote online notary460
public shall destroy or delete the official notarial seal."461
SECTION 1-8.462
Said article is further amended by revising Code Section 45-17-18, relating to destruction of463
seal upon expiration or denial of renewal of commission, as follows:464
"45-17-18.465
A notary public or remote online notary public whose commission or appointment expires466
and who does not apply for renewal of such commission or appointment or whose467
application for renewal of a commission or appointment is denied shall destroy or delete468
the official notary seal."469
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PART II
470
SECTION 2-1.471
Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated,472
relating to the "Fair Business Practices Act of 1975," is amended by revising paragraphs (33),473
(34), and 35 of and by adding a new paragraph to subsection (b) of Code Section 10-1-393,474
relating to unfair or deceptive practices in consumer transactions unlawful and examples, to475
read as follows:476
"(33)(A) For any person, firm, partnership, association, or corporation to issue a gift477
certificate, store gift card, or general use gift card without:478
(i) Including the terms of the gift certificate, store gift card, or general use gift card479
in the packaging which accompanies the certificate or card at the time of purchase,480
as well as making such terms available upon request; and481
(ii) Conspicuously printing the expiration date, if applicable, on the certificate or card482
and conspicuously printing the amount of any dormancy or nonuse fees on:483
(I) The certificate or card; or484
(II) A sticker affixed to the certificate or card.485
A gift certificate, store gift card, or general use gift card shall be valid in accordance486
with its terms in exchange for merchandise or services.487
(B) As used in this paragraph, the term:488
(i) 'General use gift card' means a plastic card or other electronic payment device489
which is usable at multiple, unaffiliated merchants or service providers; is issued in490
an amount which amount may or may not be, at the option of the issuer, increased in491
value or reloaded if requested by the holder; is purchased or loaded on a prepaid basis492
by a consumer; and is honored upon presentation by merchants for goods or services.493
(ii) 'Gift certificate' means a written promise that is usable at a single merchant or an494
affiliated group of merchants that share the same name, mark, or logo; is issued in a495
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specified amount and cannot be increased in value on the face thereof; is purchased
496
on a prepaid basis by a consumer in exchange for payment; and is honored upon497
presentation for goods or services by such single merchant or affiliated group of498
merchants that share the same name, mark, or logo.499
(iii) 'Store gift card' means a plastic card or other electronic payment device which500
is usable at a single merchant or an affiliated group of merchants that share the same501
name, mark, or logo; is issued in a specified amount and may or may not be increased502
in value or reloaded; is purchased on a prepaid basis by a consumer in exchange for503
payment; and is honored upon presentation for goods or services by such single504
merchant or affiliated group of merchants that share the same name, mark, or logo; 505
(34) For any person, firm, partnership, business, association, or corporation to willfully506
and knowingly accept or use an individual taxpayer identification number issued by the507
Internal Revenue Service for fraudulent purposes and in violation of federal law; and
508
(35) Knowingly presenting for recording a one-to-four family residential real estate509
document to the clerk of superior court that the presenter knew at the time of presentation510
resulted from actions that constitute the unauthorized practice of law in violation of511
paragraph (2) or (4) of Code Section 15-19-50 or any advisory opinions issued by the512
Supreme Court of Georgia related to either such paragraph; and513
(35) (36) Failure to comply with the provisions of Code Section 10-6A-9 or 10-6A-10514
regarding brokerage engagements and options to enter into brokerage engagements."515
SECTION 2-2.516
Part 1 of Article 1 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated,517
relating to recording of deeds and other real property transactions, is amended by adding a518
new subsection to Code Section 44-2-14, relating to requirements for recordation, to read as519
follows:520
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"(e) Any instrument presented to the clerk of superior court for recordation that requires521
an official and an unofficial witness may be admitted to record if the authorized signatures522
of both witnesses and any required seals are present on or in such document. The clerk523
shall have no further duty to examine the circumstances of the witnessing, or witnesses,524
method or location of same."525
SECTION 2-3.526
Said part is further amended by adding a new Code section to read as follows:527
"44-2-31.528
(a) Any requirement that a real estate document be witnessed, attested, or acknowledged529
by an unofficial witness is satisfied if:530
(1) The witness is physically present with the signer, personally sees the signer execute531
such real estate document by hand in ink; or532
(2) The witness is physically present with the signer, personally sees the signer533
electronically execute the real estate document, or is physically present in this state and534
sees the signer electronically execute such real estate document by the use of535
communication technology in accordance with Chapter 17 of Title 45, and electronically536
executes the real estate document by the use of communication technology in accordance537
with Chapter 17 of Title 45.538
(b) Terms used in this Code Section shall have the same meanings set forth in Code539
Section 45-17-1."540
SECTION 2-4.541
Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to542
inspection of public records, is amended by revising paragraphs (51) and (52) of and by543
adding a new paragraph to subsection (a) of Code Section 50-18-72, relating to when public544
disclosure not required, to read as follows:545
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"(51) Reports submitted to the Department of Revenue, the Atlanta-region Transit Link
546
'ATL' Authority, or the Department of Transportation by a for-hire ground transport547
service provider as required pursuant to Code Section 48-13-143; or
548
(52) Any information, including, but not limited to, data and records, prohibited from549
disclosure pursuant to Code Section 50-18-160. ; or550
(53) Records consisting of any audiovisual recording of the performance of a remote551
online notarization process as provided for by Code Section 45-17-8.5."552
PART III553
SECTION 3-1.554
This Act shall become effective upon its approval by the Governor or upon its becoming law555
without such approval.556
SECTION 3-2.557
All laws and parts of laws in conflict with this Act are repealed.558
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