2016NotaryDAWSON.pptx

Notary Public or “Near” Notary, Here’s

What You Need To Know

(well…some of it)

Clarkesville, GA · June 16, 2016

David Wall

Habersham County Clerk of Superior Court

It’s N-O-T-A-R-Y (pause) P-U-B-L-I-C

In the beginning…

A notary’s primary responsibility is…

To Prevent

Notary Journal?

While Georgia law does not require a notary to keep a

journal, which documents each notarial act in detail, it is

strongly recommended that a journal be maintained.

•  The journal serves as an archive of each notarial act

•  Elements of the act, including name of signer, signer’s

address, signer’s signature, signer’s telephone number,

date and time of notarization, type of ID presented by

signer, elements of the ID, date of document, type of

document presented for notarization, and a comment

section are essential to maintaining a journal.

Sample Jornal Entries

How much do you

know about notary

public procedures and

law?

1. _____ A notary public is commissioned by

the notary applicant’s state senator.

1. _____ A notary public is commissioned by

the notary applicant’s state senator.

FALSE - A Georgia notary public is

appointed and commissioned by the Clerk of

Superior Court in the county where the

notary resides.

2. _____ A Georgia notary public may perform

official acts anywhere in the lower 48 states of

the US.

FALSE - Georgia notaries may only perform notarial

acts within the geographical boundaries of this state.

In other words, they have statewide jurisdiction and

may perform their official duties in any county in

Georgia.

2. _____ A Georgia notary public may perform

official acts anywhere in the lower 48 states of

the US.

3. _____ A notary’s primary function is to

explain legal documents, witness signatures

and verify the validity of the document.

3. _____ A notary’s primary function is to

explain legal documents, witness signatures

and verify the validity of the document.

FALSE - While notaries do witness signatures, their

primary function is to prevent and deter fraud. They

do this by always requiring the personal appearance

of the signer, identifying the signer, and performing

the notarial act requested for the execution of the

document. Unless the notary is an attorney licensed

to practice law in Georgia, the notary may not explain

the contents or the effects of a document or give any

legal advice.

4. _____ When the document signer is not

physically present, the notary is permitted to

perform a notarial act if the notary verifies the

signer’s identity via electronic/video

technology, such as FaceTime or Skype.

4. _____ When the document signer is not

physically present, the notary is permitted to

perform a notarial act if the notary verifies the

signer’s identity via electronic/video

technology, such as FaceTime or Skype.

FALSE - A notary may never notarize when the signer

is not physically present before the notary, face-to-

face in the same room at the same time, even if the

notary personally knows the signer and recognizes

his/her signature. There are no exceptions!

5. _____ A notary may not certify a photocopy

of a birth certificate or a deed.

5. _____ A notary may not certify a photocopy

of a birth certificate or a deed.

TRUE - Georgia law prohibits a notary from

making a certified copy of any public record or

publicly recordable documents. Birth

certificates and deeds are just two examples

of documents in these categories.

6. _____ A Social Security card, library card

and debit card are not acceptable forms of

identification for a notarization.

6. _____ A Social Security card, library card

and debit card are not acceptable forms of

identification for a notarization.

TRUE - Georgia law specifies that a notary

must rely on personal knowledge or

satisfactory evidence to identify a signer. A

Social Security card, library card or debit card

would not be reliable because they don’t

contain a photo to assist in determining

positive identification.

7. _____ When performing a notarial act, the

notary should indicate in the notarial certificate

the state and county of the notary’s residence

(State of Georgia, County of ____).

7. _____ When performing a notarial act, the

notary should indicate in the notarial certificate

the state and county of the notary’s residence

(State of Georgia, County of ____).

FALSE - The notation in the notarial certificate

that indicates “State of Georgia, County of

___” is called the venue, which is the location

where the notarization actually takes place,

not the county in which the notary is

commissioned.

8. _____ A person may act as the notary for

his/her sister involving a power of attorney

giving him/her (the notary) the authority to

care for the sister’s minor child.

8. _____ A person may act as the notary for

his/her sister involving a power of attorney

giving him/her (the notary) the authority to

care for the sister’s minor child.

FALSE - The notary would be a party to the power of

attorney, therefore, is forbidden by Georgia law from

performing the notarial act. [O.C.G.A. 45-17-8(c)(2)]

9._____ Georgia law allows notaries to

charge any amount for a notarial act as long

as it is agreed upon by all parties prior to the

notarial act.

9._____ Georgia law allows notaries to

charge any amount for a notarial act as long

as it is agreed upon by all parties prior to the

notarial act.

FALSE - The law allows a maximum fee of $2

per notarial act. (O.C.G.A. 45-17-11)

10._____ A notary may perform a notarial act

for someone who is signing by mark when that

person cannot make a “normal” signature.

10._____ A notary may perform a notarial act

for someone who is signing by mark when that

person cannot make a “normal” signature.

TRUE - A mark is considered a legal signature if the

person making that mark designates the mark as his/

her signature. Georgia law does not provide a specific

procedure for notarizing the mark of a person, but the

notary should exercise caution when performing this

special notarization.

11._____ If the document signer is visually

impaired, the notary should offer to read the

document to the signer prior to notarization.

11._____ If the document signer is visually

impaired, the notary should offer to read the

document to the signer prior to notarization.

TRUE - The notary, as an impartial officer, should

offer to read the entire document to the signer who is

not able to do so before notarization. This

recommendation is designed to protect the person

with a sight disability by ensuring that the signer

knows exactly what he/she is signing. However, the

non-attorney notary may not explain the contents or

effects of the document to the signer.

12._____ The law allows notaries to keep

copies of the documents they notarize in order

to protect themselves in the event a complaint

of misconduct is filed against them.

12._____ The law allows notaries to keep

copies of the documents they notarize in order

to protect themselves in the event a complaint

of misconduct is filed against them.

FALSE - Nothing in Georgia law authorizes notaries

to keep copies of the documents they notarize, and

doing so may be a violation of a person’s privacy. If

the transaction is related to the notary’s employment,

the employer may keep a copy of the transaction

documents for the business file. If a notary wants

personal protection, he/she should carefully

document each notarial act in a permanently bound

recordbook especially designed for this purpose.

13._____ A notary public may be held

personally liable for any financial loss caused

by the notary’s failure to properly perform his/

her official duties.

13._____ A notary public may be held

personally liable for any financial loss caused

by the notary’s failure to properly perform his/

her official duties.

TRUE - A notary has unlimited personal

liability for any loss caused by official

misconduct. The notary could be sued, which

may result in a court judgment against the

notary for the amount of the loss.

Signature or short hand?

Give it some thought

Easy to read !

Multiple Signers

!  As the notary, you are ONLY concerned with

the signer(s) before you

!  If document has places for multiple signers

and all are not present, that’s OK!

!  The journal entry will be the proof of who or

whom signed before you

!  You can only prevent fraud that’s in front of

you. Altered documents after the fact are not

your responsibility. Keep journal!

Multiple Signers

! Imprint seal in close proximity

! If multiple signers are present, notary

must sign and imprint seal for each

notarial act

Seal Over Signature Isn’t “More Official”

The Proper Way To Affix Seal

§45-17-2!!Qualifications of notaries

(a) Any individual applying for appointment to be a notary public shall:

(1) Be at least 18 years old;

(2) Be a United States citizen or be a legal resident of the United States;

(3) Be a legal resident of the county from which such individual is appointed;

(4) Have, and provide at the time of the application, the applicant's operating

telephone number; and

(5) Be able to read and write the English language.

(b) The qualification of paragraph (3) of subsection (a) of this Code section shall not

apply to any nonresident individual applying for appointment as a notary public under

the provisions of Code Section 45-17-7.

§45-17-7.!!Commissioning of nonresidents as

notaries; powers and duties

!!!(a)!Any person who is a resident of a state bordering

on the State of Georgia and who carries on a business

or profession in the State of Georgia or who is regularly

employed in the State of Georgia may be commissioned

as a notary public by the clerk of the superior court of

the county in which the person carries on said

profession, business, or employment.

(b)!Such person wishing to be commissioned as a

notary public must meet all the requirements of Code

Section 45-17-2, as it applies to this Code section.

§ 45-17-2.3.!!Grant or denial of commission or recommission; grounds;

unauthorized practice of law

(a)!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.

§ 45-17-2.3.!!Grant or denial of commission or

recommission; grounds; unauthorized practice of law

b)!The clerk of superior court may in his or her discretion

deny a commission or recommission to an applicant

based on any of the following grounds:

!!!(1)!The applicant's criminal history;

!!!(2)!Revocation, suspension, or restriction of any notary

commission or professional license issued to the

applicant by this or any other state;

!!!(3)!The commission in this or any state of any act

enumerated in subsection (a) of Code Section 45-17-15,

whether or not criminal penalties or commission

suspension or revocation resulted; or

!

§ 45-17-2.3.!!Grant or denial of commission or recommission;

grounds; unauthorized practice of law

(4)!The applicant is found by the State Bar of Georgia, a

court of this state, or a court of any other state to have

engaged in the unauthorized practice of law.

(c)!Any applicant who is denied a notarial commission or

recommission by the clerk of superior court shall upon

demand be allowed a hearing and adjudication before

the superior court clerk with a right of de novo appeal to

the superior court, such appeal to be determined by the

court without the intervention of a jury.

§ 45-17-8!!Powers and duties generally

(a)!Notaries public shall have authority to:

!!!(1)!Witness or attest signature or execution of deeds

and other written instruments;

!!!(2)!Take acknowledgments;

!!!(3)!Administer oaths and affirmations in all matters

incidental to their duties as commercial officers and all

other oaths and affirmations which are not by law

required to be administered by a particular officer;

!!!(4)!Witness affidavits upon oath or affirmation;

!!!(5)!Take verifications upon oath or affirmation;

§ 45-17-8.!(con’t.)!Powers and duties generally

6)!Make certified copies, provided that the

document presented for copying is an original

document and is neither a public record nor a

publicly recorded document certified copies of

which are available from an official source other

than a notary and provided that the document was

photocopied under supervision of the notary; and

!(7)!Perform such other acts as they are authorized

to perform by other laws of this state.

§ 45-17-8.!(con’t.)!Powers and duties generally

b)!No notary shall be obligated to perform a notarial act

if he feels such act is:

!!!(1)!For a transaction which the notary knows or

suspects is illegal, false, or deceptive;

!!!(2)!For a person who is being coerced;

!!!(3)!For a person whose demeanor causes compelling

doubts about whether the person knows the

consequences of the transaction requiring the notarial

act; or

!!!(4)!In situations which impugn and compromise the

notary's impartiality, as specified in subsection (c) of this

Code section.

§ 45-17-8.!(con’t.)!Powers and duties generally

(c)!A notary shall be disqualified from performing a notarial

act in the following situations which impugn and compromise

the notary's impartiality:

!!!(1)!When the notary is a signer of the document which is to

be notarized; or

!!!(2)!When the notary is a party to the document or

transaction for which the notarial act is required.

(d)!A notary public shall not execute a notarial certificate

containing a statement known by the notary to be false nor

perform any action with an intent to deceive or defraud.

(e)!In performing any notarial act, a notary public shall

confirm the identity of the document signer, oath taker, or

affirmant based on personal knowledge or on satisfactory

evidence.

§ 45-17-8.!(con’t.)!Powers and duties generally

(f)!The signature of a notary public documenting a

notarial act shall not be evidence to show that such

notary public had knowledge of the contents of the

document so signed, other than those specific contents

which constitute the signature, execution,

acknowledgment, oath, affirmation, affidavit, verification,

or other act which the signature of that notary public

documents, nor is a certification by a notary public that a

document is a certified or true copy of an original

document evidence to show that such notary public had

knowledge of the contents of the document so certified.

§ 45-17-8.1.!!Signature and date of notarial act

(a)!Except as otherwise provided in this Code section, in

documenting a notarial act, a notary public shall sign on the

notarial certification, by hand in ink, only and exactly the name

indicated on the notary's commission and shall record on the

notarial certification the exact date of the notarial act.

(b)!The requirement of subsection (a) of this Code section for

recording of the date of the notarial act shall not apply to an

attestation of deeds or any other instruments pertaining to real

property.

•  Free online

notary public

training course

available to

everyone

•  Optional exam

$10

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Let’s Review

•  The signer MUST ALWAYS be present

•  Government issued ID with photo ONLY

•  Georgia notaries may notarize in any of the 159 counties of Georgia (the

physical boundaries)

•  Notaries are commissioned by the Clerk of Superior Court of the county in

which they reside

•  Notary commissions are effective for four years

•  Changes of name and changes of address must be communicated in writing to

the commissioning Clerk of Superior Court, with a copy to the Clerks’ Authority,

within 30 days

•  Loss or theft of seal must be communicated in writing to the commissioning

Clerk of Superior Court, with a copy to the Clerks’ Authority, within 10 days of

discovery

•  Recommended to keep a journal

•  Four elements of the seal: name as commissioned, “State of Georgia, “Notary

Public,” county name where commissioned

•  Blue or black ink ONLY for notary’s signature and seal

•  Contact https://www.gsccca.org/clerks

Georgia Superior Court Clerks’ Cooperative Authority

[email protected] (404) 327-9753

[email protected] (404) 327-7322

Help Desk (800) 304-5174

www.gsccca.org

THANK YOU !