House Bill 1437
By: Representatives Gaines of the 120th, Leverett of the 123rd, Efstration of the 104th, Silcox
of the 53rd, and Reeves of the 99th
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated,
relating to general provisions regarding notaries public, so as to provide for notarial acts to
be performed using electronic means when certain requirements are satisfied; to provide for
definitions; to provide for related matters; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to
general provisions regarding notaries public, is amended by revising Code Section 45-17-1,
relating to definitions, as follows:
"45-17-1.
As used in this article, the term:
(1) '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 verification, or the certification of a copy.
<ins>(2) 'Electronic notarial certificate' means the part of or attachment to an electronic record
that is completed by a notary public, that bears the notary's electronic signature and
electronic seal, and that states the facts attested to by the notary relative to a notarial act.
(3) 'Electronic seal of office' or 'electronic seal' means information within a notarized
electronic record which includes all of the information required under Code
Section 45-17-6 for such seal of office.
(4) 'Electronic signature' means an electronic symbol or process attached to or logically
associated with an electronic record that is executed or adopted by an individual with the
intent to affix his or her signature to such electronic record.
</ins> <del>(2)(5)</del> 'Notarial act' means any act that a notary public is authorized by law to perform
and includes, without limitation, attestation, the taking of an acknowledgment, the
administration of an oath or affirmation, the taking of a verification upon an oath or
affirmation, and the certification of a copy.
<del>(3)(6)</del> 'Notarial certificate' means the notary's documentation of a notarial act. <ins>Such term
includes an electronic notarial certificate."
</ins> SECTION 2.
Said article is further amended in Code Section 45-17-6, relating to seal of office, by revising
subsection (a) as follows:
"(a)(1) For the authentication of his <ins>or her</ins> notarial acts, each notary public <del>must</del> <ins>shall
</ins> provide a seal of office, which seal <del>shall have for its impression his name, the words
'Notary Public,' the name of the state, and the county of his residence; or it shall have for
its impression his name and the words 'Notary Public, Georgia, State at Large.' Notaries
commissioned or renewing their commission after July 1, 1985, shall provide a seal of
office which shall:
</del> <ins>(A) Shall</ins> have for its impression the notary's name, the words 'Notary Public,' the
name of the state, and the county of <del>his</del> <ins>the notary's</ins> appointment.;
<ins>(B) Shall be an electronic seal of office in an appropriate file format which includes the
notary's name, commission number, commission expiration date, and the words 'Notary
Public, Georgia, Electronic Seal'; or
(C) For notaries commissioned or renewing their commissions on or before
July 1, 1985, shall have for its impression:
(i) The notary's name, the words 'Notary Public,' the name of the state, and the county
of the notary's residence; or
(ii) The notary's name and the words 'Notary Public, Georgia, State at Large.'
(2)</ins> The embossment of notarial certificates by the notary's seal shall be authorized but
not necessary, and the use of <ins>a notary's electronic seal or</ins> a rubber or other type stamp
shall be sufficient for imprinting the notary's seal. A scrawl <ins>or initials</ins> shall not be a
sufficient notary seal. An official notarial act <del>must</del> <ins>shall</ins> be documented by the notary's
seal.
<del>(2)(3)</del> No document executed prior to July 1, 1986, which would otherwise be eligible
for recording in the real property records maintained by any clerk of superior court or
constitute record notice or actual notice of any matter to any person shall be ineligible for
recording or fail to constitute such notice because of noncompliance with the requirement
that the document contain a notary seal."
SECTION 3.
Said article is further amended by revising Code Section 45-17-8.1, relating to the signature
and date of notarial act, as follows:
"45-17-8.1.
(a) Except as otherwise provided in this Code section, in documenting a notarial act, a
notary public shall <del>sign:
</del>
<ins>(1) Sign</ins> on the notarial <del>certification</del> <ins>certificate,</ins> by hand in ink, only and exactly the
name indicated on the notary's commission and shall record on the notarial <del>certification
</del> <ins>certificate</ins> the exact date of the notarial act; <ins>or
(2) Affix on the electronic notarial certificate the notary's electronic signature only and
exactly as indicated on the notary's commission and shall record on the electronic notarial
certificate the exact date of the notarial act.
</ins> (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.
(c) No document executed prior to July 1, 1986, which would otherwise be eligible for
recording in the real property records maintained by any clerk of superior court or
constitute record notice or actual notice of any matter to any person shall be ineligible for
recording or fail to constitute such notice because of noncompliance with the present or any
prior requirements of this Code section."
SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.