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Senate Bill 373
By: Senators Kennedy of the 18th, Gooch of the 51st, Still of the 48th, Dolezal of the 27th
and Watson of the 1st
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated,
1
relating to general provisions regarding notaries public, so as to provide for notarial acts to2
be performed using electronic means when certain requirements are satisfied; to provide for3
definitions; to provide for related matters; to provide for an effective date; to repeal4
conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to8
general provisions regarding notaries public, is amended by revising Code Section 45-17-1,9
relating to definitions, as follows:10
"45-17-1.11
As used in this article, the term:12
(1) 'Attesting' and 'attestation' are synonymous and mean the notarial act of witnessing13
or attesting a signature or execution of a deed or other written instrument, where such14
notarial act does not involve the taking of an acknowledgment, the administering of an15
oath or affirmation, the taking of a verification, or the certification of a copy.16
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(2) 'Electronic notarial certificate' means the part of or attachment to an electronic record17
that is completed by a notary public, that bears the notary's electronic signature and18
electronic seal, and that states the facts attested to by the notary relative to a notarial act.19
(3) 'Electronic seal of office' or 'electronic seal' means information within a notarized20
electronic record which includes all of the information required under Code21
Section 45-17-6 for such seal of office.22
(4) 'Electronic signature' means an electronic symbol or process attached to or logically23
associated with an electronic record that is executed or adopted by an individual with the24
intent to affix his or her signature to such electronic record.25
(2)(5) 'Notarial act' means any act that a notary public is authorized by law to perform26
and includes, without limitation, attestation, the taking of an acknowledgment, the27
administration of an oath or affirmation, the taking of a verification upon an oath or28
affirmation, and the certification of a copy.29
(3)(6) 'Notarial certificate' means the notary's documentation of a notarial act. Such term30
includes an electronic notarial certificate."31
SECTION 2.32
Said article is further amended in Code Section 45-17-6, relating to seal of office, by revising33
subsection (a) as follows:34
"(a)(1) For the authentication of his or her notarial acts, each notary public must shall35
provide a seal of office, which seal shall have for its impression his name, the words36
'Notary Public,' the name of the state, and the county of his residence; or it shall have for37
its impression his name and the words 'Notary Public, Georgia, State at Large.' Notaries38
commissioned or renewing their commission after July 1, 1985, shall provide a seal of39
office which shall:40
(A) Shall have for its impression the notary's name, the words 'Notary Public,' the41
name of the state, and the county of his the notary's appointment.;42
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(B) Shall be an electronic seal of office in an appropriate file format which includes the43
notary's name, commission number, commission expiration date, and the words 'Notary44
Public, Georgia, Electronic Seal'; or45
(C) For notaries commissioned or renewing their commissions on or before46
July 1, 1985, shall have for its impression:47
(i) The notary's name, the words 'Notary Public,' the name of the state, and the county48
of the notary's residence; or49
(ii) The notary's name and the words 'Notary Public, Georgia, State at Large.'50
(2) The embossment of notarial certificates by the notary's seal shall be authorized but51
not necessary, and the use of a notary's electronic seal or a rubber or other type stamp52
shall be sufficient for imprinting the notary's seal. A scrawl or initials shall not be a53
sufficient notary seal. An official notarial act must shall be documented by the notary's54
seal.55
(2)(3) No document executed prior to July 1, 1986, which would otherwise be eligible56
for recording in the real property records maintained by any clerk of superior court or57
constitute record notice or actual notice of any matter to any person shall be ineligible for58
recording or fail to constitute such notice because of noncompliance with the requirement59
that the document contain a notary seal."60
SECTION 3.61
Said article is further amended by revising Code Section 45-17-8.1, relating to the signature62
and date of notarial act, as follows:63
"45-17-8.1.64
(a) Except as otherwise provided in this Code section, in documenting a notarial act, a65
notary public shall sign:66
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(1) Sign on the notarial certification certificate, by hand in ink, only and exactly the67
name indicated on the notary's commission and shall record on the notarial certification68
certificate the exact date of the notarial act; or69
(2) Affix on the electronic notarial certificate the notary's electronic signature only and70
exactly as indicated on the notary's commission and shall record on the electronic notarial71
certificate the exact date of the notarial act.72
(b) The requirement of subsection (a) of this Code section for recording of the date of the73
notarial act shall not apply to an attestation of deeds or any other instruments pertaining to74
real property.75
(c) No document executed prior to July 1, 1986, which would otherwise be eligible for76
recording in the real property records maintained by any clerk of superior court or77
constitute record notice or actual notice of any matter to any person shall be ineligible for78
recording or fail to constitute such notice because of noncompliance with the present or any79
prior requirements of this Code section."80
SECTION 4.81
This Act shall become effective upon its approval by the Governor or upon its becoming law82
without such approval.83
SECTION 5.84
All laws and parts of laws in conflict with this Act are repealed.85
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