SB373: SB373 Notaries Public; notarial acts to be performed using electronic means when certain requirements are satisfied; provide

Georgia law currently defines notarial acts and requires notaries to sign paper documents by hand and use a physical seal. This bill amends Georgia's notary statutes (O.C.G.A. Title 45, Chapter 17) to formally recognize electronic notarizations. It adds definitions for an electronic notarial certificate, electronic seal, and electronic signature. It allows a notary's seal of office to be an electronic file containing the notary's name, commission number, expiration date, and the phrase 'Notary Public, Georgia, Electronic Seal,' as an alternative to a physical impression or stamp. It also updates the rules on signing and dating notarial acts so a notary can either sign a paper certificate by hand or affix an electronic signature to an electronic notarial certificate, recording the date either way. The bill would take effect immediately upon the Governor's signature or becoming law without it.

• Adds legal definitions for 'electronic notarial certificate,' 'electronic seal of office,' and 'electronic signature' to Georgia's notary law (O.C.G.A. § 45-17-1).
• Allows a notary's official seal to be an electronic file format instead of only a physical stamp or impression, as long as it includes specific required information (O.C.G.A. § 45-17-6).
• Updates the rules on documenting notarial acts so notaries can either sign paper certificates by hand or affix an electronic signature to electronic certificates (O.C.G.A. § 45-17-8.1).
• Keeps the existing rule that a scrawl or initials is not a valid notary seal, applying it to both physical and electronic seals.
• Sets the effective date as immediately upon the Governor's signature or upon becoming law without signature.

Notaries public across Georgia, who would gain the option to use electronic signatures and seals, and anyone who relies on notarized documents, including people signing real estate paperwork, legal contracts, affidavits, and other instruments that require notarization.

If enacted, Georgians could get documents notarized electronically rather than needing an in-person paper signature and physical stamp in every case, which could speed up transactions like real estate closings and legal filings while keeping the same underlying notarization requirements.

• Section 1 revises O.C.G.A. § 45-17-1 to define 'electronic notarial certificate,' 'electronic seal of office,' and 'electronic signature,' and clarifies that 'notarial certificate' includes electronic versions.
• Section 2 revises O.C.G.A. § 45-17-6 to let a notary's seal of office be an electronic seal containing the notary's name, commission number, expiration date, and the words 'Notary Public, Georgia, Electronic Seal.'
• Section 2 also preserves the rule that a scrawl or initials cannot serve as a valid notary seal, whether physical or electronic.
• Section 3 revises O.C.G.A. § 45-17-8.1 to allow a notary to either sign a paper certificate by hand or affix an electronic signature to an electronic notarial certificate, recording the date of the act either way.
• Section 4 sets the effective date as immediately upon the Governor's approval or upon the bill becoming law without approval.
• Section 5 repeals all conflicting laws.

1. 2025-04-04Senate Read and Referred (Senate)
2. 2025-04-04Senate Hopper (Senate)

• John Kennedy (R, SD-018)Primary sponsor
• Steve Gooch (R, SD-051)
• Shawn Still (R, SD-048)
• Greg Dolezal (R, SD-027)
• Ben Watson (R, SD-001)

• notaries public
• electronic signatures
• real estate documents
• legal documents
• Georgia notary law