--- title: SB 373. Notaries Public; notarial acts to be performed using electronic means when certain requirements are satisfied; provide collection: bills id: 2025-2026/sb373 cite_as: SB 373, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/sb373 md_url: https://georgiacommons.org/bills/2025-2026/sb373.md text_url: https://georgiacommons.org/bills/2025-2026/sb373/text source_url: https://www.legis.ga.gov/legislation/72063 date: 2025-04-04 status: introduced corpus_version: bills-2026-08-28 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. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/sb372.md next: https://georgiacommons.org/bills/2025-2026/sb374.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 95 omitted_url: https://georgiacommons.org/bills/2025-2026/sb373.md?full=1 bill_number: SB 373 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: Senate bill_type: bill status_date: 2025-04-04 last_action: Senate Read and Referred sponsors: - John Kennedy - Steve Gooch - Shawn Still - Greg Dolezal - Ben Watson text_version: Introduced has_text: true legiscan_url: https://legiscan.com/GA/bill/SB373/2025 upstream_id: 2020902 summaries_model: claude-sonnet-5 topic_tags: - notaries public - electronic signatures - real estate documents - legal documents - Georgia notary law --- # SB 373. Notaries Public; notarial acts to be performed using electronic means when certain requirements are satisfied; provide ## Text 25 LC 49 2375 Senate Bill 373 By: Senators Kennedy of the 18th, Gooch of the 51st, Still of the 48th, Dolezal of the 27th and Watson of the 1st A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 17 of Title 45 of the Official Co de of Georgia Annotated,1 relating to general provisions regarding notaries public, so as to provide for notarial acts to2 be performed using electronic means when certain requirements are satisfied; to provide for3 definitions; to provide for related matters; to provide for an effective date; to repeal4 conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Article 1 of Chapter 17 of Title 45 of the Official Code of Geo rgia Annotated, relating to8 general provisions regarding notaries public, is amended by revising Code Section 45-17-1,9 relating to definitions, as follows:10 "45-17-1.11 As used in this article, the term:12 (1) 'Attesting' and 'attestation' are synonymous and mean the notarial act of witnessing13 or attesting a signature or execution of a deed or other writte n instrument, where such14 notarial act does not involve the taking of an acknowledgment, the administering of an15 oath or affirmation, the taking of a verification, or the certification of a copy.16 S. B. 373 - 1 - 25 LC 49 2375 (2) 'Electronic notarial certificate' means the part of or attachment to an electronic record17 that is completed by a notary public, that bears the notary's e lectronic signature and18 electronic seal, and that states the facts attested to by the notary relative to a notarial act.19 (3) 'Electronic seal of office' or 'electronic seal' means inf ormation within a notarized20 electronic record which includes all of the information require d under Code21 Section 45-17-6 for such seal of office.22 (4) 'Electronic signature' means an electronic symbol or process attached to or logically23 associated with an electronic record that is executed or adopted by an individual with the24 intent to affix his or her signature to such electronic record.25 (2)(5) 'Notarial act' means any act that a notary public is authorized by law to perform26 and includes, without limitation, attestation, the taking of an acknowledgment, the27 administration of an oath or affirmation, the taking of a verif ication upon an oath or28 affirmation, and the certification of a copy.29 (3)(6) 'Notarial certificate' means the notary's documentation of a notarial act. Such term30 includes an electronic notarial certificate."31 SECTION 2.32 Said article is further amended in Code Section 45-17-6, relating to seal of office, by revising33 subsection (a) as follows:34 "(a)(1) For the authentication of his or her notarial acts, each notary public must shall35 provide a seal of office, which seal shall have for its impress ion his name, the words36 'Notary Public,' the name of the state, and the county of his residence; or it shall have for37 its impression his name and the words 'Notary Public, Georgia, State at Large.' Notaries38 commissioned or renewing their commission after July 1, 1985, s hall provide a seal of39 office which shall:40 (A) Shall have for its impression the notary's name, the words 'Notary P ublic,' the41 name of the state, and the county of his the notary's appointment.;42 S. B. 373 - 2 - 25 LC 49 2375 (B) Shall be an electronic seal of office in an appropriate file format which includes the43 notary's name, commission number, commission expiration date, and the words 'Notary44 Public, Georgia, Electronic Seal'; or45 (C) For notaries commissioned or renewing their commissions on or before46 July 1, 1985, shall have for its impression:47 (i) The notary's name, the words 'Notary Public,' the name of the state, and the county48 of the notary's residence; or49 (ii) The notary's name and the words 'Notary Public, Georgia, State at Large.'50 (2) The embossment of notarial certificates by the notary's seal shall be authorized but51 not necessary, and the use of a notary's electronic seal or a rubber or other type stamp52 shall be sufficient for imprinting the notary's seal. A scrawl or initials shall not be a53 sufficient notary seal. An official notarial act must shall be documented by the notary's54 seal.55 (2)(3) No document executed prior to July 1, 1986, which would otherwise be eligible56 for recording in the real property records maintained by any cl erk of superior court or57 constitute record notice or actual notice of any matter to any person shall be ineligible for58 recording or fail to constitute such notice because of noncompliance with the requirement59 that the document contain a notary seal."60 SECTION 3.61 Said article is further amended by revising Code Section 45-17-8.1, relating to the signature62 and date of notarial act, as follows:63 "45-17-8.1.64 (a) Except as otherwise provided in this Code section, in docu menting a notarial act, a65 notary public shall sign:66 S. B. 373 - 3 - 25 LC 49 2375 (1) Sign on the notarial certification certificate, by hand in ink, only and exactly the67 name indicated on the notary's commission and shall record on the notarial certification68 certificate the exact date of the notarial act; or69 (2) Affix on the electronic notarial certificate the notary's electronic signature only and70 exactly as indicated on the notary's commission and shall record on the electronic notarial71 certificate the exact date of the notarial act.72 (b) The requirement of subsection (a) of this Code section for recording of the date of the73 notarial act shall not apply to an attestation of deeds or any other instruments pertaining to74 real property.75 (c) No document executed prior to July 1, 1986, which would ot herwise be eligible for76 recording in the real property records maintained by any clerk of superior court or77 constitute record notice or actual notice of any matter to any person shall be ineligible for78 recording or fail to constitute such notice because of noncompliance with the present or any79 prior requirements of this Code section."80 SECTION 4.81 This Act shall become effective upon its approval by the Governor or upon its becoming law82 without such approval.83 SECTION 5.84 All laws and parts of laws in conflict with this Act are repealed.85 S. B. 373 - 4 - ## 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 Senate bill would let notaries public perform notarial acts electronically, adding an electronic signature and electronic seal option alongside the traditional paper and ink process. ### Plain-language summary 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. ### What it does - 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. ### Who it affects 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. ### Why it matters 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. ### Key provisions - 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. ## Status - Status: Introduced (2025-04-04) - Last action: Senate Read and Referred (2025-04-04) - Sponsors: John Kennedy, Steve Gooch, Shawn Still, Greg Dolezal, Ben Watson - Official page: https://www.legis.ga.gov/legislation/72063 > The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sb373.md?full=1