HB 189: Notaries public; limitations regarding certain notarial acts; provide

Under current Georgia law, notaries public are authorized to witness signatures and perform certain official acts, but there is no specific statute addressing notaries who overstep into legal or immigration advice. This bill adds a new Code section (O.C.G.A. § 45-17-21) to Georgia's notary law that spells out things a notary commission does not allow, such as drafting legal documents, giving legal advice, acting as an immigration expert, or representing someone in an immigration proceeding. The bill also bans false advertising, knowingly false notarial certificates, and use of the terms 'notario' or 'notario publico' by anyone who isn't a licensed Georgia attorney. Notaries who advertise services in a language other than English must post a fee schedule and required notice in that language too. The Attorney General or a local prosecutor could seek a court injunction against violators, and violations of the advertising or 'notario' rules would also count as a deceptive trade practice under existing consumer protection law (O.C.G.A. § 10-1-427).

• Prohibits notaries public from drafting legal documents, giving legal advice, or otherwise practicing law under their notary commission.
• Bars notaries from acting as immigration consultants or representing people in immigration-related judicial or administrative proceedings.
• Bans non-attorney notaries from using the terms 'notario' or 'notario publico' or advertising that they can give legal advice.
• Requires notaries who solicit business in a language other than English to post a bilingual fee schedule and required consumer notice.
• Allows the Attorney General or a prosecuting attorney to seek a court injunction against notaries who violate these rules.
• Makes certain violations count as a deceptive trade practice under Georgia's consumer protection law, on top of other penalties.

Georgia notaries public, especially those who serve immigrant communities or advertise in languages other than English; immigrants seeking help with immigration paperwork; the Attorney General and local prosecutors, who gain enforcement power; and the State Bar of Georgia, whose authority over legal practice is explicitly preserved.

People seeking help with immigration paperwork sometimes turn to notaries assuming they can give legal advice, a mistake rooted partly in other countries where 'notario' implies a lawyer. This bill would create clear legal limits and enforcement tools, potentially reducing unauthorized legal or immigration practice by notaries in Georgia.

• New Code Section 45-17-21(a) lists five things a notary commission does not authorize, including practicing law, immigration consulting, and charging for these activities.
• Subsection (b) and (c) prohibit false or deceptive advertising and knowingly false notarial certificates or acts intended to deceive or defraud.
• Subsection (d) bars non-attorney notaries from using 'notario' or 'notario publico.'
• Subsection (e) bars non-attorney notaries from advertising or claiming they can give legal advice or draft legal documents.
• Subsection (f) prohibits notaries from withholding an original record from the person who requested the notarial act.
• Subsection (g) requires notaries covered by subsection (e) to post a bilingual fee schedule and notice at their place of business.
• Subsection (h) authorizes the Attorney General or a prosecuting attorney to seek injunctive relief and preserves the State Bar of Georgia's authority.
• Subsection (i) makes violations of subsections (d) or (e) a deceptive trade practice under O.C.G.A. § 10-1-427, in addition to other penalties.

1. 2025-02-03House Second Readers (House)
2. 2025-01-30House First Readers (House)
3. 2025-01-29House Hopper (House)

• Marvin Lim (D, HD-098)Primary sponsor
• Kasey Carpenter (R, HD-004)
• Karen Lupton (D, HD-083)

• notaries public
• immigration consultants
• consumer protection
• legal advice regulation
• unauthorized practice of law