As used in this article, the term: “Attesting” and “attestation” are synonymous and mean the notarial act of witnessing or attesting a signature or execution of a deed or other written instrument, where such notarial act does not involve the taking of an acknowledgment, the administering of an oath or affirmation, the taking of a […]
The power to appoint notaries public is vested in the clerks of the superior courts and may be exercised by them at any time. History. Orig. Code 1863, § 1446; Ga. L. 1868, p. 130, § 1; Code 1868, § 1503; Code 1873, § 1497; Code 1882, § 1497; Civil Code 1895, § 498; Civil […]
It shall not be lawful for notaries public to issue attachments or garnishments, to approve bonds for the purpose of issuing attachments or garnishments, or to issue a summons in a dispossessory case; but a notary may attest an affidavit in an attachment, garnishment, or dispossessory action; provided, however, no writ or summons in said […]
The fees of notaries public shall be as follows: Administering an oath in any case $ 2.00 (2) Each attendance on any person to make proof as a notary public and certifying to same 2.00 (3) Every other certificate 2.00 Click to view It shall not be lawful for any notary public to charge a […]
As used in this Code section, the term: “Bank” or “other corporation” means a bank or other corporation organized under the laws of this or any other state or the United States. “Written instrument,” without limiting the generality of meaning of such words, means deeds, mortgages, bills of sale to secure debt, deeds to secure […]
Every notary public shall notify in writing the appointing clerk of superior court and provide a copy of such notice to the Georgia Superior Court Clerks’ Cooperative Authority of any change in the notary’s residence or business address, whichever was used for the purpose of appointment, and of any change in the notary’s telephone number. […]
Within ten days of the loss or theft of an official notarial seal, the notary public shall send to the appointing clerk of superior court, with a copy to the Georgia Superior Court Clerks’ Cooperative Authority, a written notice of the loss or theft. History. Code 1981, § 45-17-14 , enacted by Ga. L. 1984, […]
The appointing clerk of superior court may by letter, with a copy to the Georgia Superior Court Clerks’ Cooperative Authority, revoke the commission or deny the reappointment of any notary public who: Violates any provision of this chapter; Performs any notarial act in violation of Code Section 45-17-8; Is found to have submitted an application […]
Within ten days after receiving notice from the appointing clerk of superior court that a notarial commission has been revoked, an individual shall send or deliver to the appointing clerk of superior court all papers of appointment. Such individual shall also destroy the official notarial seal. History. Code 1981, § 45-17-16 , enacted by Ga. […]
A person who wishes to resign a notarial commission shall send a signed letter of resignation to the appointing clerk of superior court, with a copy to the Georgia Superior Court Clerks’ Cooperative Authority, and all papers of appointment. The resigning notary public shall destroy the official notarial seal. History. Code 1981, § 45-17-17 , […]
A notary public whose commission expires and who does not apply for renewal of such commission or whose application for renewal of a commission is denied shall destroy the official notary seal. History. Code 1981, § 45-17-18 , enacted by Ga. L. 1984, p. 1105, § 1.
The authenticity of the official signature and term of office of a notary public may be evidenced by: A certificate of authority from the appointing clerk of superior court or the Georgia Superior Court Clerks’ Cooperative Authority; or An apostille in the exact form prescribed by the Hague Convention from the Secretary of State, provided […]
Any individual applying for appointment to be a notary public shall: Be at least 18 years old; Be a United States citizen or be a legal resident of the United States; Be a legal resident of the county from which such individual is appointed; Have, and provide at the time of the application, the applicant’s […]
Any individual desiring to be a notary public shall submit application to the clerk of superior court of the county in which the individual resides or, when applying under the provisions of Code Section 45-17-7, to the clerk of superior court of the county in which the individual works or has a business. Except for […]
The information in the application for appointment and commissioning as a notary public shall be a matter of public record. History. Code 1981, § 45-17-2.2 , enacted by Ga. L. 1984, p. 1105, § 1; Ga. L. 1985, p. 1469, § 4.
After an applicant submits to the clerk of superior court of the county the application, endorsements, and declaration of applicant as required in Code Section 45-17-2.1, the clerk of superior court shall either grant or deny a commission or recommission as a notary public within ten days following the applicant’s submission of the necessary documents. […]
Any person who violates subsection (d) of Code Section 45-17-8 shall be guilty of a misdemeanor. Any person who performs any notarial service without complying with the provisions of this article shall, upon the first or second conviction, be guilty of a misdemeanor and upon a third or subsequent conviction be guilty of a felony, […]
Before entering on the duties of his office, each notary public shall take and subscribe before the clerk of the superior court the following oath, which shall be entered on his minutes: “I, _______________ , do solemnly swear or affirm that I will well and truly perform the duties of a notary public to the […]
Before a certificate shall be issued to a notary public, he or she shall pay to the clerk of the superior court the sum prescribed by Code Section 15-6-77, relating to fees of clerks of the superior courts, from which amount the clerk shall be entitled to cover his or her services in issuing the […]
Each notary public shall hold office for four years, subject to revocation at any time by the clerk of the superior court, at the end of which time, on petition, his commission may be renewed by order of the clerk for a like term. Renewal of a notary public commission may be done in person […]
