SB 373: Notaries Public; notarial acts to be performed using electronic means when certain requirements are satisfied; provide

Georgia law currently sets rules for how notaries public authenticate documents, largely built around physical seals and ink signatures. This bill amends Georgia's notary law (O.C.G.A. Title 45, Chapter 17) to add definitions for electronic notarial certificates, electronic seals of office, and electronic signatures, and to formally authorize notaries to use them. The bill rewrites the definitions section to add these new electronic terms alongside existing ones like 'notarial act' and 'notarial certificate.' It updates the seal of office rules so a notary's seal can be an electronic file containing the notary's name, commission number, expiration date, and the words 'Notary Public, Georgia, Electronic Seal,' while preserving the option of a traditional physical seal. It also updates the rules on signing and dating notarial acts so a notary can affix an electronic signature to an electronic notarial certificate instead of signing by hand. The law would take effect as soon as the Governor signs it or it otherwise becomes law.

• Adds new legal definitions for 'electronic notarial certificate,' 'electronic seal of office,' and 'electronic signature' to Georgia's notary law.
• Allows a notary's seal of office to be an electronic seal file containing the notary's name, commission number, expiration date, and required wording, instead of only a physical stamp or embossment.
• Permits notaries to affix an electronic signature to an electronic notarial certificate instead of signing by hand in ink, while recording the exact date of the act.
• Clarifies that a scrawl or initials, whether on paper or electronically, does not count as a valid notary seal.
• Preserves existing rules for notaries commissioned on or before July 1, 1985, regarding their traditional seal wording.

Notaries public across Georgia, who could adopt electronic seals and signatures for their work, as well as anyone relying on notarized documents, such as banks, title companies, courts, and individuals executing deeds or other legal instruments that require notarization.

If enacted, notaries could complete notarizations entirely through electronic records rather than requiring an in-person paper seal and handwritten signature, potentially speeding up transactions like real estate closings, loan documents, and other paperwork that currently depend on physical notarization.

• Section 1 revises O.C.G.A. § 45-17-1 to add definitions for '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 so a notary's seal can be a traditional physical impression or an electronic seal containing the notary's name, commission number, expiration date, and specified wording.
• Section 2 also allows a notary's electronic seal, in addition to a rubber or other stamp, to satisfy the sealing requirement, while barring a scrawl or initials as sufficient.
• Section 3 revises O.C.G.A. § 45-17-8.1 to let a notary sign electronic notarial certificates using an electronic signature and record the date electronically, as an alternative to signing by hand in ink.
• Section 4 makes the Act effective immediately upon the Governor's approval or upon becoming law without approval.
• Section 5 repeals any conflicting laws.

1. 2025-04-04Senate Read and Referred (Senado)
2. 2025-04-04Senate Hopper (Senado)

• John Kennedy (R, SD-018)Patrocinador principal
• Steve Gooch (R, SD-051)
• Shawn Still (R, SD-048)
• Greg Dolezal (R, SD-027)
• Ben Watson (R, SD-001)

• notaries public
• electronic signatures
• real estate documents
• Georgia notary law