The House Committee on Judiciary offers the following substitute to HB 289:
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 6 of Title 15 and Article 1 of Chapter 17 of Title 45 of the
Official Code of Georgia Annotated, relating to clerks of superior courts and general
provisions regarding notaries public, respectively, so as to provide for remote online notaries
public and remote online notarizations; to revise and provide for definitions; to revise the
powers of the Georgia Superior Court Clerks' Cooperative Authority; to provide for
requirements for remote online notaries public and remote online notarization; to provide that
the Georgia Superior Court Clerks' Cooperative Authority may adopt certain standards for
remote online notarization; to provide for application and appointment as a remote online
notary public; to provide requirements for electronic journaling; to amend Part 2 of Article
15 of Chapter 1 of Title 10, Part 1 of Article 1 of Chapter 2 of Title 44 and Article 4 of
Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the "Fair
Business Practices Act of 1975," recording of deeds and other real property transactions and
inspection of public records, respectively, so as to provide for an unfair or deceptive practice
in consumer transactions in the recording of certain residential real estate documents; to
revise recordation standards for deeds and other real property transactions requiring an
official and an unofficial witness; to provide for the electronic execution of instruments,
documents, deeds, and real estate documents; to provide that certain records of remote online
notarization processes shall not be subject to public disclosure; to provide for related matters;
to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I
SECTION 1-1.
Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to
clerks of superior courts, is amended by revising paragraphs (8) and (9) and by adding a new
paragraph to subsection (d) of Code Section 15-6-94, relating to the Georgia Superior Court
Clerks' Cooperative Authority, to read as follows:
"(8) To exercise any power granted by the laws of this state to public or private
corporations which is not in conflict with the public purpose of the authority; <del>and
</del> <ins>(9) To issue technical standards for remote online notarization pursuant to Article 1 of
Chapter 17 of Title 45; and
(9)(10)</ins> To do all things necessary or convenient to carry out the powers conferred by this
Code section and to carry out such duties and activities as are specifically imposed upon
the authority by law."
SECTION 1-2.
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) <ins>'Appear', 'personally appear', and 'in the presence of' mean:
</ins>
<ins>(A) Being in the same physical location as another individual and close enough to see,
hear, communicate with, and exchange tangible identification credentials with such
individual; or
(B) Interacting with another individual by means of communication technology that
complies with the provisions of this article.
(2)</ins> 'Attesting', <del>and</del> 'attestation', <ins>and 'attested'</ins> 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>(3) 'Communication technology' means an electronic device or process that allows a
remote online notary public physically located in this state and a remotely located
individual to communicate with each other simultaneously by sight and sound and which,
as necessary, makes reasonable accommodations for individuals with vision, hearing, or
speech impediments.
(4) 'Credential analysis' means a process or service operating according to the standards
through which a third-party business entity affirms the validity of a government issued
identification credential through review of public or proprietary data sources.
(5) 'Digital signature' means an electronic signature that embeds registered personal key
infrastructure technology into the signing process and provides for the authentication of
the identity of a remote online notary public, confirmation of the signed document's
contents, and for the nonrepudiation of the notary's electronic signature. The digital
signature shall be made pursuant to and associated with a digital certificate issued by a
trusted service provider which is attached to or logically associated with an electronic
document and adopted by a notary public with the intent to sign an electronic document
in the official capacity as a notary. Such term means an electronic signature that is, and
shall be, made in compliance with the standards adopted pursuant to this article by the
</ins>
<ins>Georgia Superior Court Clerks' Cooperative Authority based on the Digital Signature
Standard (DSS) of the National Institute of Standards and Technology (NIST).
(6) 'Electronic' means relating to technology having electrical, digital, magnetic,
wireless, optical, electromagnetic, or similar capabilities.
(7) 'Electronic document' and 'electronic record' mean information created, generated,
sent, communicated, received, or stored by electronic means.
(8) 'Electronic in-person notarization' means the notarization of an electronic record
when the signer or signers of the record are in the physical presence of the notary public
and that include the notary's electronic notarial certificate, the notary's digital signature,
and electronic signatures of each signer.
(9) 'Electronic journal' means a record kept by the remote online notary public to track
and document each notarial act performed, as provided by subsection (a) of Code Section
45-17-8.5.
(10) 'Electronic notarial certificate' means the electronic form of an acknowledgment,
jurat, verification by oath or affirmation, or verification of witness or attestation that is
completed by a notary performing an electronic in-person notarization and:
(A) Contains the notary public's digital signature, electronic seal, title, and commission
expiration date; or
(B) Otherwise conforms to the requirements for an acknowledgment, jurat, verification
by oath or affirmation, or verification of witness or attestation under the laws of this
state.
(11) 'Electronic seal' means information within a notarized electronic document that
confirms the remote online notary public's, or electronic in-person notary public's, name,
jurisdiction, commission expiration date, commission number, and otherwise generally
corresponds to information in notary public seals used on paper documents.
</ins>
<ins>(12) 'Electronic signature' means an electronic sound, symbol, or process attached to or
logically associated with an electronic record and executed or adopted by an individual
with the intent to sign the electronic document or record.
(13) 'Identity proofing' means a process or service operating pursuant to the standards
through which credential analysis and authentication confirms the identity of an
individual.
(2)(14)</ins> '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.
<ins>(3)(15)</ins> 'Notarial certificate' means the notary's documentation of a notarial act.
<ins>(16) 'Notary' and 'notary public' mean a person who has been granted a commission by
a clerk of superior court pursuant to Code Section 45-17-2.3.
(17) 'Original appointment' means a notary public appointment other than a remote
online notary public appointment.
(18) 'Real estate document' means any instrument, document, or deed entitled to
recordation in the real property records or lien indices or recording records maintained
by the clerk of superior court, and any instrument or document executed in connection
with the conveyance of land whether recorded or not.
(19) 'Remote online notarial certificate' is the electronic form of an acknowledgment,
jurat, verification by oath or affirmation, or verification of witness or attestation that is
completed by a remote online notary public performing a remote online notarization and:
(A) Contains the remote online notary public's digital signature, electronic seal, title,
and commission expiration date;
(B) Contains the date and location address of the signer or signers and the location
address of the remote online notary public;
</ins>
<ins>(C) Contains a statement that the signer or signers executing the electronic document
or making the acknowledgment, jurat, oath, affirmation, verification, or attestation
appeared remotely online;
(D) Otherwise conforms to the requirements for an acknowledgment, jurat, verification
by oath or affirmation, or verification of witness or attestation under the laws of this
state; and
(E) Contains a statement that the signer or signers affirmatively agreed to electronic
execution and remote online notarization.
(20) 'Remote online notarization' or 'remote online notarial act' means a notarial act
performed by a remote online notary public by means of communication technology
according to the provisions of this article.
(21) 'Remote online notary public' means a notary public who has been commissioned
as a remote online notary public to perform online notarizations under this article.
(22) 'Remote presentation' means transmission to the remote online notary public
through communication technology of an image of a government issued identification
credential that is of sufficient quality to enable the remote online notary public to:
(A) Identify the individual seeking the remote online notary public's services; and
(B) Perform credential analysis.
(23) 'Remotely located individual' means an individual who is not in the physical
presence of the remote online notary public.
(24) 'Repository' means a third-party business entity authorized to transact business in
this state that is in the business of retaining electronic journals and copies of audiovisual
recordings of remote online notarizations according to Code Section 45-17-8.5.
(25) 'Signer' means an individual whose electronic signature is notarized in an electronic
in-person notarization or a remote online notarization or is making an oath or affirmation
or an acknowledgment, other than in the capacity of a witness, for a document which is
to be notarized by an electronic in-person notarization or a remote online notarization.
</ins>
<ins>(26) 'Standards' means the remote online notary standards as shall be adopted by the
Georgia Superior Court Clerks' Cooperative Authority."
</ins> SECTION 1-3.
Said article is further amended by revising Code Section 45-17-6, relating to seal of office,
as follows:
"45-17-6.
(a)(1) For the authentication of his <ins>or her</ins> notarial acts, each notary public must provide
a seal of office, which seal shall have for its impression <del>his</del> <ins>the notary's</ins> name, the words
'Notary Public,' the name of the state, and the county of his residence <ins>the notary's
appointment;</ins> or it shall have for its impression <del>his</del> <ins>the notary's</ins> 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 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. The embossment of notarial certificates by the
notary's seal shall be authorized but not necessary, and the use of a rubber or other type
stamp shall be sufficient for imprinting the notary's seal <ins>on paper notarial certificates.</ins> A
scrawl shall not be a sufficient notary seal. An official notarial act must be documented
by the notary's seal. <ins>An electronic seal shall be used for purposes of any electronic
in-person notarization or remote online notarization.
</ins> (2) 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.
(b) It shall be unlawful for any person, firm, or corporation to supply a notary public seal
to any person unless the person has presented the duplicate original of the certificate
commissioning the person as a notary public. It shall be unlawful for any person to order
or obtain a notary public seal unless such person is commissioned as a notary public."
SECTION 1-4.
Said article is further amended by revising subsection (a) of Code Section 45-17-8.1, relating
to signature and date of notarial act, as follows:
"(a) Except as otherwise provided in this Code section, in documenting a notarial act, a
notary public shall sign on the notarial certification, <ins>digitally in the case of electronic
in-person notarization or remote online notarization or</ins> by hand in ink <ins>in all other cases,
</ins> 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."
SECTION 1-5.
Said article is further amended by adding new Code sections to read as follows:
<ins>"45-17-8.3.
(a) Prior to January 1, 2027, the Georgia Superior Court Clerks' Cooperative Authority
shall adopt standards for remote online notarization in accordance with this article.
(b) The Georgia Superior Court Clerks' Cooperative Authority may confer with any
appropriate state agency on matters relating to equipment, security, and technological
aspects of the remote online notarization standards.
(c) In the adoption of any standards it may adopt pursuant to this article, the Georgia
Superior Court Clerks' Cooperative Authority shall consider the most recent standards
established by relevant national bodies, including, but not limited to, the Mortgage Industry
Standards Maintenance Organization (MISMO) and the National Association of Secretaries
of State (NASS).
</ins>
<ins>45-17-8.4.
(a) Appointment as a notary public in this state shall be a requirement and condition
precedent for appointment as a remote online notary public.
(b) Before each application for appointment as a remote online notary public, an individual
shall complete a course of instruction provided by the Georgia Superior Court Clerks'
Cooperative Authority and pass an examination based on such course. The content of the
course shall include notarial standards and procedures, the standards, and ethical
obligations pertaining to electronic in-person notarization and remote online notarization
in this article or in any other law. Such course may be taken in conjunction with any
course required by the clerk of superior court for an original appointment. The standards
for such course shall be developed and maintained and administered by the Georgia
Superior Court Clerks' Cooperative Authority.
(c) Except for a remote online notary public as commissioned under subsection (h) of this
Code section, effective January 1, 2027, an individual who meets the qualifications for
becoming a notary public of this state desiring to be appointed as a remote online notary
public shall submit an application to the clerk of superior court of the county of the
applicant's current residence. In the event that such applicant is the holder of an unexpired
notary commission issued from a county other than the county of the applicant's current
residence, such applicant shall officially resign the unexpired commission and make new
application to the clerk of superior court for the county of current residence for both a
notary commission and appointment as a remote online notary public. An application may
request both an original appointment or renewal and a remote online notary public
appointment. The application for a remote online notary public appointment shall set forth
the declaration that the notary meets the qualifications for remote online notarization as
provided by this article. Such application shall include, but shall not be limited to:
(1) The applicant's legal name to be used in acting as a notary public;
(2) Email address of the applicant;
</ins>
<ins>(3) Telephone number of the applicant;
(4) Proof of successful completion by the applicant of the course and examination
required by subsection (b) of this Code section;
(5) A physical residential address of the applicant in this state if a resident of this state;
(6) The business address of the applicant in this state if the applicant is a resident of a
state bordering this state who maintains a business or profession in the State of Georgia
or who is regularly employed in this state.
(7) Evidence that the notary surety bond prescribed by this article for the performance
or remote online notarial acts has been issued;
(8) The identity of the technology provider the remote online notary public intends to use
for remote online notarization and the repository to be used by such notary for
maintenance of his or her electronic journal and audiovisual recordings. The technology
provider, communication technology, and repository selected by the remote online notary
public must conform to standards;
(9) A certification that the applicant will comply with this article and the standards;
(10) Disclosure of any and all license or commission revocations or other governmental
disciplinary actions against the applicant; and
(11) Any other information, evidence, or declaration requested by the clerk of superior
court.
(d) The fee for submitting an application for appointment as a remote online notary shall
be the same fee as for an application for an original appointment pursuant to Code Section
45-17-4. One fee shall be collected for each of the following:
(1) An application for an appointment as a remote online notary public;
(2) An application for a notary commission renewal and an appointment as a remote
online notary public; or
(3) An application for an original or new notary commission and appointment as a
remote online notary public.
</ins>
<ins>(e) Upon the applicant's fulfillment of the requirements for commission or appointment
under this chapter, the clerk of superior court may approve or deny the commission or
appointment based on Code Section 45-17-2.3 and the provisions of this article, and upon
approval shall issue to the applicant an appointment as a remote online notary public and
a unique remote online notary public commission number.
(f) Unless terminated pursuant to this article, the term of commission to perform remote
online notarization shall coincide with the term of the original appointment or any renewal
thereof.
(g) Upon approval of the application to be appointed a remote online notary public by the
clerk of superior court, such notary shall:
(1) Be authorized to perform remote online notarization pursuant to this article;
(2) Maintain a notary surety bond in the amount of $2,000.00;
(3) Except for a remote online notary public as appointed under subsection (h) of this
Code section, maintain a residential domicile and physical presence in this state; and
(4) Promptly notify the appointing clerk of superior court, with a copy to the Georgia
Superior Court Clerks' Cooperative Authority, of any change in the information provided
in the remote online notary public application, including, but not limited to, legal name,
email address, telephone number, physical residential address, any change in the
technology or repository provider used by such online notary public, and the name and
address of the repository used by such remote online notary public for maintenance of his
or her electronic journal.
(h)(1) Any person who is a resident of a state bordering this state and who carries on a
business or profession in the State of Georgia or who is regularly employed in this state
may be appointed as a remote online notary public by the clerk of the superior court of
the county in which the person carries on said profession, business, or employment.
</ins>
<ins>(2) Such person wishing to be appointed as a remote online notary public shall meet all
the requirements of Code Section 45-17-2 as to an original appointment and this article
as to a remote online notary public appointment.
(3) In addition to the submission requirements for an original appointment under Code
Section 45-17-2.1, such individual shall submit the application for a remote online notary
public as required in this article to the clerk of superior court in the county in which such
individual carries on such profession, business, or employment. The clerk of superior
court shall approve or deny such application based on the provisions of this article and
Code Section 45-17-2.3. Upon approval and payment of the usual fees to the clerk, the
applicant shall be issued a unique remote online notary public commission number and
shall be authorized to perform all duties and exercise all of the powers and authorities
relating to remote online notary publics who are residents of this state.
45-17-8.5.
(a) Each remote online notary public shall keep a secure, permanent, tamper-evident
electronic journal in accordance with the provisions of this article and the standards with
entries for each remote online notarization. A journal entry shall at a minimum include the:
(1) Date and time of the remote online notarization;
(2) Type of remote online notarial act;
(3) Type, title, or description of the electronic document or proceeding;
(4) Name and address of each signer involved in the transaction or proceeding notarized
by such notary;
(5) Confirmation of identify based on evidence of identity presented for each signer
involved in the transaction or proceeding in the form of:
(A) Notation of the type of identification document provided to the remote online
notary public pursuant to the credential analysis; and
(B) A description and results of each identity proofing performed;
</ins>
<ins>(6) Physical location of the signer or signers of the document at the time of notarization;
(7) Physical location of the remote online notary public at the time of remote online
notarization; and
(8) The fee, if any, charged for the remote online notarization.
(b) The electronic journal shall be retained and maintained for at least ten years after the
date of the last remote online notarial transaction performed.
(c) Each remote online notary public shall cause an electronic copy of each electronic
journal entry to be promptly transmitted to and retained by a repository for retention. Each
repository receiving any journal or journal entry shall securely retain and maintain such
electronic journal for a minimum of ten years following the last submission of an electronic
journal entry by a remote online notary public.
(d) Each remote online notary public shall create an audiovisual recording of the
performance of the remote online notarial act as evidence of participant identity, type of
participant identification presented, and the validity of the notarial act.
(e) Each remote online notary public shall cause an electronic copy of each audiovisual
recording to be immediately transmitted to and retained by a repository. Each repository
receiving any audiovisual recording shall securely retain and maintain such audiovisual
recording for a minimum of ten years following submission of the last audiovisual
recording submitted by a remote online notary public.
(f)(1) In the adoption of any standards regarding remote online notarization, the Georgia
Superior Court Clerks' Cooperative Authority shall consider the most recent guidance or
model standards proposed by relevant organizations recognized in such field of practice,
including, but not limited to, the Mortgage Industry Standards Maintenance Organization
(MISMO) and the National Association of Secretaries of State (NASS).
(2) In the adoption of any standards regarding digital signatures, the Georgia Superior
Court Clerks' Cooperative Authority shall consider the most recent guidance or model
standards proposed by relevant organizations recognized in such field of practice,
</ins>
<ins>including, but not limited to, the Digital Signature Standard (DSS) of the National
Institute of Standards and Technology (NIST).
(g) A remote online notary public shall take reasonable steps to:
(1) Ensure the integrity, security, and authenticity of each remote online notarization;
(2) Maintain a backup of each electronic journal required by subsection (a) of this Code
section and the recording required by subsection (d) of this Code section; and
(3) Protect the backup record from unauthorized use.
45-17-8.6.
(a) A notary public physically located in this state may perform electronic in-person
notarization in accordance with this article and the standards for an individual who is in the
physical presence of the notary public.
(b) A remote online notary public physically located in this state may perform remote
online notarization using communication technology in accordance with this article and the
standards for a remotely located individual who is physically located:
(1) In this state;
(2) Outside this state but within the United States; or
(3) Outside the United States if:
(A) The remote online notary public has no actual knowledge that the act of making
the statement or signing the electronic record is prohibited in the jurisdiction in which
the person is located; and
(B) The signer placing his or her electronic signature on the electronic record confirms
to the remote online notary public that the requested remote online notarial act and the
electronic record:
(i) Are part of or pertain to a matter that is to be filed with or is currently before a
court, governmental entity, or other entity in the United States;
(ii) Relate to property located in the United States; or
</ins>
<ins>(iii) Relate to a transaction that is substantively connected to the United States.
45-17-8.7.
(a) A notary public and a remote online notary public shall take reasonable steps to ensure
that any registered device or digital certificate used to create an electronic signature or the
notary's or remote online notary public's digital signature is current, valid, and has not been
revoked or terminated by the device's or certificate's issuing or registering authority.
(b) The duties of the notary public and the remote online notary public, in addition to the
duties provided for in Code Section 45-17-8, are to:
(1) Keep his or her electronic record, electronic signature, and electronic seal secure and
under his or her exclusive control;
(2) Not allow another person to use his or her electronic record, digital signature, or
electronic seal. A remote online notary public may use such remote online notary
public's digital signature only for performing electronic in-person notarization or remote
online notarization and a notary public may use such notary public's digital signature only
for performing electronic in-person notarization;
(3) Attach his or her digital signature and seal to the remote online notarial certificate of
an electronic document in a manner that is conducive to independent verification and
renders evident any subsequent change or modification to the electronic document; and
(4) Immediately notify an appropriate law enforcement agency and appointing clerk of
superior court, with a copy to the Georgia Superior Court Clerks' Cooperative Authority,
of the theft or vandalism of such notary's or remote online notary public's electronic
record, digital signature, or electronic seal. A notary public or a remote online notary
public shall immediately notify the appointing clerk of superior court, with a copy to the
Georgia Superior Court Clerks' Cooperative Authority, if his or her electronic record,
digital signature, or electronic seal has been lost or used by another person.
</ins>
<ins>45-17-8.8.
(a) In performing a remote online notarization, a remote online notary public shall verify
the identity of a signer creating an electronic signature at the time that the signature is taken
by using secure communication technology that meets the requirements of this article and
any standards adopted under this article; provided, however, that a failure to provide an
accommodation shall not invalidate an otherwise valid notarial act. Identity shall be
verified by each of the following:
(1) Remote presentation by the person creating the electronic signature of a valid
government issued identification credential, including a passport or driver's license, that
contains the signature and a photograph of such person;
(2) Credential analysis; and
(3) Successful verified identity proofing.
(b) The remote online notary public's communication technology provider and repository
shall take reasonable steps to ensure that the communication technology used for a remote
online notarization is secure from unauthorized interception. Each provider of
communication technology products or services for remote online notarization in this state
shall cause such products or services to comply with all provisions of this article and the
standards relating to remote online notarization. Prior to providing remote online notary
public products or services, a communication technology provider shall present a certificate
of compliance to the remote online notary public affirming that such products and services
comply with the provisions of this article and the standards pursuant to this article.
(c) A remote online notary public shall require his or her communication technology
provider used to comply with the provisions of this article and the standards.
(d) A remote online notarial act meeting the provisions of this Code section shall satisfy
the requirement of any law of this state relating to a notarial act that requires a signer to
appear or personally appear before a notary or that the notarial act be performed in the
</ins>
<ins>presence of a notary, except for a notarial act pursuant to a law governing the creation and
execution of wills, codicils, or testamentary trusts.
(e) An electronic document executed by a signer and notarized under this article by a
remote online notary public shall be deemed to be executed in this state.
45-17-8.9.
(a) A remote online notary public or the remote online notary public's employer may
charge a fee for performance of remote online notarization in an amount not to exceed
$25.00 per remote online notarization.
(b) A notary public or a remote online notary public whose commission terminates shall
destroy or delete the coding, disk, certificate, card, software, hardware, or password that
enables the electronic affixation of the notary public's or remote online notary public's
official digital signature and electronic seal.
(c) Any person that, without authorization, knowingly obtains, conceals, damages,
destroys, or deletes the coding, disk, certificate, card, software, hardware, or password
enabling a notary public or a remote online notary public to affix a digital signature or
electronic seal shall, upon conviction thereof, be guilty of a misdemeanor and punished
pursuant to Code Section 45-17-20.
45-17-8.10.
(a) Nothing in this article shall be construed to alter or supersede any provision of law as
set forth under Article 3 of Chapter 19 of Title 15 or any opinion or ruling by the Supreme
Court of Georgia pertaining to the unauthorized practice of law in this state, including, but
not limited to, the requirement that a licensed Georgia attorney shall supervise a real estate
closing for real property located in this state.
</ins>
<ins>(b) A remote online notary public who is not a licensed Georgia attorney shall be
prohibited from rendering services or advice that constitutes the practice of law in this
state.
45-17-8.11.
(a) Any public official in this state, including all public officials of county and municipal
government entities, shall be authorized to accept as an original a reproduction of any
document executed using electronic signatures or electronic signatures and remote online
notarization.
(b) Any requirement that an instrument, document, deed, or real estate document be
attested or acknowledged by a notary public and the requirement of confirmation of
identity of the document signer, oath taker, or affirmant contained in 45-17-8 is satisfied
by a remote online notarial act or an electronic in-person notarial act meeting the
requirements of this article.
(c) A remote online notarial act performed by a remote online notary public commissioned
or registered in another state shall have the same effect under the laws of this state as if
performed by a notary public appointed in this state.
(d) A notary public or a remote online notary public shall not perform any notarial act by
electronic in-person notarization or remote online notarial act by remote online notarization
if the notarial act or remote online notarial act is pursuant to a law governing the creation
and execution of any will, codicil or testamentary trust.
</ins> SECTION 1-6.
Said article is further amended by revising Code Section 45-17-9, relating to where notarial
acts may be exercised, as follows:
"45-17-9.
Notarial acts <ins>or remote online notarial acts</ins> may be exercised in <ins>or from</ins> any county in <del>the
</del> <ins>this</ins> state."
SECTION 1-7.
Said article is further amended by revising Code Section 45-17-17, relating to resignation of
commission, return of papers, and destruction of seal, as follows:
"45-17-17.
A person who wishes to resign a notarial commission <ins>or remote online notarial
appointment</ins> shall send a signed letter of resignation to the appointing clerk of superior
court, with a copy to the Georgia Superior Court Clerks' Cooperative Authority, and all
papers of <ins>commission or</ins> appointment. The resigning notary public or remote online notary
<ins>public</ins> shall destroy <ins>or delete</ins> the official notarial seal."
SECTION 1-8.
Said article is further amended by revising Code Section 45-17-18, relating to destruction of
seal upon expiration or denial of renewal of commission, as follows:
"45-17-18.
A notary public <ins>or remote online notary public</ins> whose commission <ins>or appointment</ins> expires
and who does not apply for renewal of such commission <ins>or appointment</ins> or whose
application for renewal of a commission <ins>or appointment</ins> is denied shall destroy <ins>or delete
</ins> the official notary seal."
PART II
SECTION 2-1.
Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated,
relating to the "Fair Business Practices Act of 1975," is amended by revising paragraphs (33),
(34), and 35 of and by adding a new paragraph to subsection (b) of Code Section 10-1-393,
relating to unfair or deceptive practices in consumer transactions unlawful and examples, to
read as follows:
"(33)(A) For any person, firm, partnership, association, or corporation to issue a gift
certificate, store gift card, or general use gift card without:
(i) Including the terms of the gift certificate, store gift card, or general use gift card
in the packaging which accompanies the certificate or card at the time of purchase,
as well as making such terms available upon request; and
(ii) Conspicuously printing the expiration date, if applicable, on the certificate or card
and conspicuously printing the amount of any dormancy or nonuse fees on:
(I) The certificate or card; or
(II) A sticker affixed to the certificate or card.
A gift certificate, store gift card, or general use gift card shall be valid in accordance
with its terms in exchange for merchandise or services.
(B) As used in this paragraph, the term:
(i) 'General use gift card' means a plastic card or other electronic payment device
which is usable at multiple, unaffiliated merchants or service providers; is issued in
an amount which amount may or may not be, at the option of the issuer, increased in
value or reloaded if requested by the holder; is purchased or loaded on a prepaid basis
by a consumer; and is honored upon presentation by merchants for goods or services.
(ii) 'Gift certificate' means a written promise that is usable at a single merchant or an
affiliated group of merchants that share the same name, mark, or logo; is issued in a
specified amount and cannot be increased in value on the face thereof; is purchased
on a prepaid basis by a consumer in exchange for payment; and is honored upon
presentation for goods or services by such single merchant or affiliated group of
merchants that share the same name, mark, or logo.
(iii) 'Store gift card' means a plastic card or other electronic payment device which
is usable at a single merchant or an affiliated group of merchants that share the same
name, mark, or logo; is issued in a specified amount and may or may not be increased
in value or reloaded; is purchased on a prepaid basis by a consumer in exchange for
payment; and is honored upon presentation for goods or services by such single
merchant or affiliated group of merchants that share the same name, mark, or logo;
(34) For any person, firm, partnership, business, association, or corporation to willfully
and knowingly accept or use an individual taxpayer identification number issued by the
Internal Revenue Service for fraudulent purposes and in violation of federal law; <del>and
</del> (35) <ins>Knowingly presenting for recording a one-to-four family residential real estate
document to the clerk of superior court that the presenter knew at the time of presentation
resulted from actions that constitute the unauthorized practice of law in violation of
paragraph (2) or (4) of Code Section 15-19-50 or any advisory opinions issued by the
Supreme Court of Georgia related to either such paragraph; and
</ins> <del>(35)</del> <ins>(36)</ins> Failure to comply with the provisions of Code Section 10-6A-9 or 10-6A-10
regarding brokerage engagements and options to enter into brokerage engagements."
SECTION 2-2.
Part 1 of Article 1 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated,
relating to recording of deeds and other real property transactions, is amended by adding a
new subsection to Code Section 44-2-14, relating to requirements for recordation, to read as
follows:
<ins>"(e) Any instrument presented to the clerk of superior court for recordation that requires
an official and an unofficial witness may be admitted to record if the authorized signatures
of both witnesses and any required seals are present on or in such document. The clerk
shall have no further duty to examine the circumstances of the witnessing, or witnesses,
method or location of same."
</ins> SECTION 2-3.
Said part is further amended by adding a new Code section to read as follows:
<ins>"44-2-31.
(a) Any requirement that a real estate document be witnessed, attested, or acknowledged
by an unofficial witness is satisfied if:
(1) The witness is physically present with the signer, personally sees the signer execute
such real estate document by hand in ink; or
(2) The witness is physically present with the signer, personally sees the signer
electronically execute the real estate document, or is physically present in this state and
sees the signer electronically execute such real estate document by the use of
communication technology in accordance with Chapter 17 of Title 45, and electronically
executes the real estate document by the use of communication technology in accordance
with Chapter 17 of Title 45.
(b) Terms used in this Code Section shall have the same meanings set forth in Code
Section 45-17-1."
</ins> SECTION 2-4.
Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to
inspection of public records, is amended by revising paragraphs (51) and (52) of and by
adding a new paragraph to subsection (a) of Code Section 50-18-72, relating to when public
disclosure not required, to read as follows:
"(51) Reports submitted to the Department of Revenue, the Atlanta-region Transit Link
'ATL' Authority, or the Department of Transportation by a for-hire ground transport
service provider as required pursuant to Code Section 48-13-143; <del>or
</del> (52) Any information, including, but not limited to, data and records, prohibited from
disclosure pursuant to Code Section 50-18-160. <ins>; or
(53) Records consisting of any audiovisual recording of the performance of a remote
online notarization process as provided for by Code Section 45-17-8.5."
</ins> PART III
SECTION 3-1.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 3-2.
All laws and parts of laws in conflict with this Act are repealed.