by Allison L. Byrd, Morgan & DiSalvo, P.C.

Georgia House Bill 1292, addressing the powers and duties of notaries public and other topics, was signed into law by Governor Kemp on May 2, 2024. The new law amends the existing list of duties generally applicable to notaries public in a few significant ways that take effect on January 1, 2025.[1]

Confirmation of Identity of the Signer, Oath Taker, or Affiant:

Existing law requires that a notary public confirm the identity of the document signer, oath taker, or affiant whose signature is being notarized. However, the new law clarifies the methods by which that party’s identity can be confirmed by the notary.

Existing law allows identity to be confirmed based “on personal knowledge or on satisfactory evidence,” then gives as the sole example of “satisfactory evidence” a “valid Veterans Health Identification Card issued by the United States Department of Veterans Affairs,” without listing any other forms of identification.

The new law still allows confirmation of identity by personal knowledge, but eliminates the rather vague “satisfactory evidence” standard for confirmation, and instead requires confirmation “by verification of a government issued photo identification document, including without limitation a valid driver’s license, personal identification card [as authorized under Georgia law], or a military identification card such as a Veterans Health Identification Card issued by the United States Department of Veterans Affairs . . . .”

Requirement for Notaries Public to Maintain a Journal of Certain Notarial Acts:

The new law requires each notary public to “maintain a written or electronic journal which shall include an entry for each notarial act performed at the request of a self-filer.” In the most basic terms, a self-filer is a person who is a party to a certain type of document and who isn’t among the excluded groups of people listed in the new law. Specifically, a “self-filer”[2] is defined as any person who is a party to a deed, mortgage, lien as provided for by law, map or plat relating to real estate, state tax execution (basically, a tax lien), or state tax execution renewal, and who is not:

Although the new law does not specify, a reasonable assumption is that the new requirement for notaries public to keep a journal for each notarial act performed at the request of a self-filer would apply only to requests to notarize one or more of the types of documents described above: deeds, mortgages, liens, maps, plats, state tax executions, and renewals of state tax executions. In other words, a person requesting a notarial act might happen to be a self-filer with respect to a particular transaction or filing, but if the document that person is signing and seeking to have notarized is not one of the document types described above, then the requirement for the notary to record the details of that notarial act in a journal appears not to apply to that notarial act.

If a notarial act is requested by a self-filer, and the document that the self-filer is seeking to have notarized falls into one of the categories described above (deeds, mortgages, liens, maps, plats, state tax executions, or renewals of state tax executions), then the requirement for the notary public to record that notarial act in a journal applies. The journal entry must include “the name of the self-filer; the self-filer’s address; the self-filer’s telephone number; the date, time, and location of notarization; the type of government issued photo identification document presented by the self-filer, unless the identity of the self-filer was confirmed based on personal knowledge; elements of such identification document, if applicable, including any identifying number; the self-filer’s signature; and the type of document presented for notarization.”[5]

Training Requirements

Finally, the new law specifies that any person seeking an initial or renewal appointment as a notary public must complete an educational training class on the duties of notaries public. The class must be  completed prior to an initial appointment and within 30 days before any renewal appointment.[6]

The new law grants the Georgia Superior Court Clerks’ Cooperative Authority (“GSCCCA”) the power to “adopt rules and regulations necessary to implement” the training requirements.[7] Those new rules, also effective January 1, 2025, can be found on the GSCCCA website at https://www.gsccca.org/docs/notary-documents/notaryeducationrules.pdf?sfvrsn=ff0b34e2_3.

As of the publication date of this news alert, there are only three rules in effect, as follows:

• Rule 1. GSCCCA Approves Educational Training
  Any educational training class related to the duties of Georgia’s notaries public for the purpose of being appointed a notary public shall be approved by the Georgia Superior Court Clerks’ Cooperative Authority.
• Rule 2. Certificate of Completion
  Upon successful completion of the course, the notary applicant will be provided a certificate of completion.
• Rule 3. Presentation of Certificate of Completion to Clerk of Superior Court
  The notary applicant seeking an initial or renewal appointment will include a certificate of completion, along with the notary application, to the Clerk of Superior Court.

It’s worth noting that some counties in Georgia already have a training requirement for certain notary public applicants. However, the new law makes training mandatory for all notary public applicants in Georgia, for both initial and renewal applications, and for all applicants, no matter where they live.

Please also note that applications for notary public appointments must be submitted to the superior court of the applicant’s county of residence, and that some Georgia counties impose additional requirements for certain notary public applicants, such as obtaining endorsements and submitting the results of a certified criminal background check. Contact your county’s Clerk of Superior Court for more details about your county’s particular notary public application requirements.

For details on how to apply for a notary public appointment in general, visit https://www.gsccca.org/notary-and-apostilles/notaries/notary-public-application.

If you would like to discuss estate planning or probate-related matters, please call us at (678) 720-0750 or e-mail us at info@morgandisalvo.com to schedule an appointment. We look forward to meeting you!

Footnotes

[1] See O.C.G.A. § 45-17-8 et seq.

[2] See O.C.G.A. § 45-17-8(g), which adopts the definition of “self-filer” contained in O.C.G.A. § 44-2-2(a), which defines “self-filer” as any person who is a party to one of the documents described in O.C.G.A. §44-2-2(b)(1) and who is not included in the list of exempt persons included in § 44-2-2(a). It is not clear from the statutes whether a signing party must intend to personally file the document being signed to be considered a “self-filer,” or whether merely signing the document is sufficient to create that status. In other words, if an attorney notarizes a deed signed by a client, and the deed is then filed with the applicable Superior Court by the attorney and not by the signing client, is the notarizing of the deed a “notarial act performed at the request of a self-filer” or not?

[3] Chapter 40 of Title 43 is applicable to real estate brokers and salespersons other than an associate brokers, who act on behalf of a real estate broker.

[4] Under this federal regulation, a “servicer” means “a person responsible for the servicing of a federally related mortgage loan,” with some exceptions. See 12 C.F.R. Section 1024.2.

[5] See O.C.G.A. § 45-17-8(g)(2).

[6] See O.C.G.A. § 45-17-8(h)(1).

[7] See O.C.G.A. § 45-17-8(h)(2).