---
title: HB 189. Notaries public; limitations regarding certain notarial acts; provide
collection: bills
id: 2025-2026/hb189
cite_as: HB 189, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb189
md_url: https://georgiacommons.org/bills/2025-2026/hb189.md
text_url: https://georgiacommons.org/bills/2025-2026/hb189/text
source_url: https://www.legis.ga.gov/legislation/69669
date: 2025-02-03
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb189.md?full=1
bill_number: HB 189
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-01-29
last_action: House Second Readers
sponsors:
- Marvin Lim
- Kasey Carpenter
- Karen Lupton
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB189/2025
upstream_id: 1947536
summaries_model: claude-sonnet-5
topic_tags:
- notaries public
- immigration consultants
- consumer protection
- legal advice regulation
- unauthorized practice of law
---
# HB 189. Notaries public; limitations regarding certain notarial acts; provide
## Text
House Bill 189
By: Representatives Lim of the 98th, Carpenter of the 4th, and Lupton of the 83rd
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to
notaries public, so as to provide for limitations regarding certain notarial acts; to provide for
related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public,
is amended by adding a new Code section to read as follows:
"45-17-21.
(a) A commission as a notary public shall not authorize an individual to:
(1) Assist persons in drafting legal documents, give legal advice, or otherwise practice
law;
(2) Act as an immigration consultant or an expert on immigration matters;
(3) Represent an individual in a judicial or administrative proceeding relating to
immigration to the United States, United States citizenship, or related matters;
(4) Receive compensation for performing any of the activities listed in this subsection;
or
(5) Make certified copies of documents which are either a public record or a publicly
recorded document.
(b) A notary public shall not engage in false or deceptive advertising.
(c) A notary public shall not execute a notarial certificate containing a statement known
by the notary public to be false nor perform any action with an intent to deceive or defraud.
(d) A notary public, other than an attorney licensed to practice law in this state, shall not
use the term 'notario' or 'notario publico.'
(e) A notary public, other than an attorney licensed to practice law in this state, shall not
advertise or represent that the notary public may assist persons in drafting legal documents,
give legal advice, or otherwise practice law.
(f) A notary public shall not withhold access to or possession of an original record
provided by a person who seeks performance of a notarial act by the notary public.
(g) A notary public required to comply with the provisions of subsection (e) of this Code
section shall prominently post at the notary public's place of business a schedule of fees
established in Code Section 45-17-11. The fee schedule shall be written in English and in
any other language in which the notary public's services were solicited and shall contain
the notice required in subsection (e) of this Code section, unless the notice is otherwise
prominently posted at the notary public's place of business.
(h) The Attorney General or prosecuting attorney may seek injunctive relief against any
notary public who violates the provisions of this Code section. Nothing in this Code
section shall diminish the authority of the State Bar of Georgia.
(i) A violation of subsection (d) or (e) of this Code section shall constitute a deceptive
trade practice under Code Section 10-1-427 in addition to any other penalties provided by
law."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A Georgia House bill would bar notaries public from giving legal advice, acting as immigration consultants, or using titles like 'notario' unless they are licensed attorneys, aiming to curb unauthorized legal and immigration practice.
### Plain-language summary
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).
### What it does
- 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.
### Who it affects
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.
### Why it matters
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.
### Key provisions
- 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.
## Status
- Status: Introduced (2025-01-29)
- Last action: House Second Readers (2025-02-03)
- Sponsors: Marvin Lim, Kasey Carpenter, Karen Lupton
- Official page: https://www.legis.ga.gov/legislation/69669
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb189.md?full=1