| 1 | 1 | | 25 LC 49 2375 |
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| 2 | 2 | | Senate Bill 373 |
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| 3 | 3 | | By: Senators Kennedy of the 18th, Gooch of the 51st, Still of the 48th, Dolezal of the 27th |
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| 4 | 4 | | and Watson of the 1st |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | To amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, |
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| 8 | 8 | | 1 |
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| 9 | 9 | | relating to general provisions regarding notaries public, so as to provide for notarial acts to2 |
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| 10 | 10 | | be performed using electronic means when certain requirements are satisfied; to provide for3 |
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| 11 | 11 | | definitions; to provide for related matters; to provide for an effective date; to repeal4 |
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| 12 | 12 | | conflicting laws; and for other purposes.5 |
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| 13 | 13 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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| 14 | 14 | | SECTION 1.7 |
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| 15 | 15 | | Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to8 |
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| 16 | 16 | | general provisions regarding notaries public, is amended by revising Code Section 45-17-1,9 |
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| 17 | 17 | | relating to definitions, as follows:10 |
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| 18 | 18 | | "45-17-1.11 |
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| 19 | 19 | | As used in this article, the term:12 |
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| 20 | 20 | | (1) 'Attesting' and 'attestation' are synonymous and mean the notarial act of witnessing13 |
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| 21 | 21 | | or attesting a signature or execution of a deed or other written instrument, where such14 |
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| 22 | 22 | | notarial act does not involve the taking of an acknowledgment, the administering of an15 |
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| 23 | 23 | | oath or affirmation, the taking of a verification, or the certification of a copy.16 |
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| 24 | 24 | | S. B. 373 |
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| 25 | 25 | | - 1 - 25 LC 49 2375 |
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| 26 | 26 | | (2) 'Electronic notarial certificate' means the part of or attachment to an electronic record17 |
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| 27 | 27 | | that is completed by a notary public, that bears the notary's electronic signature and18 |
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| 28 | 28 | | electronic seal, and that states the facts attested to by the notary relative to a notarial act.19 |
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| 29 | 29 | | (3) 'Electronic seal of office' or 'electronic seal' means information within a notarized20 |
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| 30 | 30 | | electronic record which includes all of the information required under Code21 |
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| 31 | 31 | | Section 45-17-6 for such seal of office.22 |
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| 32 | 32 | | (4) 'Electronic signature' means an electronic symbol or process attached to or logically23 |
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| 33 | 33 | | associated with an electronic record that is executed or adopted by an individual with the24 |
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| 34 | 34 | | intent to affix his or her signature to such electronic record.25 |
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| 35 | 35 | | (2)(5) 'Notarial act' means any act that a notary public is authorized by law to perform26 |
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| 36 | 36 | | and includes, without limitation, attestation, the taking of an acknowledgment, the27 |
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| 37 | 37 | | administration of an oath or affirmation, the taking of a verification upon an oath or28 |
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| 38 | 38 | | affirmation, and the certification of a copy.29 |
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| 39 | 39 | | (3)(6) 'Notarial certificate' means the notary's documentation of a notarial act. Such term30 |
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| 40 | 40 | | includes an electronic notarial certificate."31 |
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| 41 | 41 | | SECTION 2.32 |
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| 42 | 42 | | Said article is further amended in Code Section 45-17-6, relating to seal of office, by revising33 |
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| 43 | 43 | | subsection (a) as follows:34 |
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| 44 | 44 | | "(a)(1) For the authentication of his or her notarial acts, each notary public must shall35 |
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| 45 | 45 | | provide a seal of office, which seal shall have for its impression his name, the words36 |
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| 46 | 46 | | 'Notary Public,' the name of the state, and the county of his residence; or it shall have for37 |
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| 47 | 47 | | its impression his name and the words 'Notary Public, Georgia, State at Large.' Notaries38 |
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| 48 | 48 | | commissioned or renewing their commission after July 1, 1985, shall provide a seal of39 |
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| 49 | 49 | | office which shall:40 |
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| 50 | 50 | | (A) Shall have for its impression the notary's name, the words 'Notary Public,' the41 |
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| 51 | 51 | | name of the state, and the county of his the notary's appointment.;42 |
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| 52 | 52 | | S. B. 373 |
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| 53 | 53 | | - 2 - 25 LC 49 2375 |
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| 54 | 54 | | (B) Shall be an electronic seal of office in an appropriate file format which includes the43 |
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| 55 | 55 | | notary's name, commission number, commission expiration date, and the words 'Notary44 |
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| 56 | 56 | | Public, Georgia, Electronic Seal'; or45 |
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| 57 | 57 | | (C) For notaries commissioned or renewing their commissions on or before46 |
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| 58 | 58 | | July 1, 1985, shall have for its impression:47 |
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| 59 | 59 | | (i) The notary's name, the words 'Notary Public,' the name of the state, and the county48 |
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| 60 | 60 | | of the notary's residence; or49 |
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| 61 | 61 | | (ii) The notary's name and the words 'Notary Public, Georgia, State at Large.'50 |
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| 62 | 62 | | (2) The embossment of notarial certificates by the notary's seal shall be authorized but51 |
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| 63 | 63 | | not necessary, and the use of a notary's electronic seal or a rubber or other type stamp52 |
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| 64 | 64 | | shall be sufficient for imprinting the notary's seal. A scrawl or initials shall not be a53 |
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| 65 | 65 | | sufficient notary seal. An official notarial act must shall be documented by the notary's54 |
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| 66 | 66 | | seal.55 |
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| 67 | 67 | | (2)(3) No document executed prior to July 1, 1986, which would otherwise be eligible56 |
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| 68 | 68 | | for recording in the real property records maintained by any clerk of superior court or57 |
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| 69 | 69 | | constitute record notice or actual notice of any matter to any person shall be ineligible for58 |
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| 70 | 70 | | recording or fail to constitute such notice because of noncompliance with the requirement59 |
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| 71 | 71 | | that the document contain a notary seal."60 |
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| 72 | 72 | | SECTION 3.61 |
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| 73 | 73 | | Said article is further amended by revising Code Section 45-17-8.1, relating to the signature62 |
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| 74 | 74 | | and date of notarial act, as follows:63 |
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| 75 | 75 | | "45-17-8.1.64 |
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| 76 | 76 | | (a) Except as otherwise provided in this Code section, in documenting a notarial act, a65 |
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| 77 | 77 | | notary public shall sign:66 |
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| 78 | 78 | | S. B. 373 |
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| 79 | 79 | | - 3 - 25 LC 49 2375 |
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| 80 | 80 | | (1) Sign on the notarial certification certificate, by hand in ink, only and exactly the67 |
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| 81 | 81 | | name indicated on the notary's commission and shall record on the notarial certification68 |
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| 82 | 82 | | certificate the exact date of the notarial act; or69 |
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| 83 | 83 | | (2) Affix on the electronic notarial certificate the notary's electronic signature only and70 |
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| 84 | 84 | | exactly as indicated on the notary's commission and shall record on the electronic notarial71 |
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| 85 | 85 | | certificate the exact date of the notarial act.72 |
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| 86 | 86 | | (b) The requirement of subsection (a) of this Code section for recording of the date of the73 |
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| 87 | 87 | | notarial act shall not apply to an attestation of deeds or any other instruments pertaining to74 |
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| 88 | 88 | | real property.75 |
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| 89 | 89 | | (c) No document executed prior to July 1, 1986, which would otherwise be eligible for76 |
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| 90 | 90 | | recording in the real property records maintained by any clerk of superior court or77 |
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| 91 | 91 | | constitute record notice or actual notice of any matter to any person shall be ineligible for78 |
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| 92 | 92 | | recording or fail to constitute such notice because of noncompliance with the present or any79 |
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| 93 | 93 | | prior requirements of this Code section."80 |
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| 94 | 94 | | SECTION 4.81 |
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| 95 | 95 | | This Act shall become effective upon its approval by the Governor or upon its becoming law82 |
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| 96 | 96 | | without such approval.83 |
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| 97 | 97 | | SECTION 5.84 |
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| 98 | 98 | | All laws and parts of laws in conflict with this Act are repealed.85 |
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| 99 | 99 | | S. B. 373 |
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| 100 | 100 | | - 4 - |
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