Georgia Notary cheat sheet

A Georgia notary public is commissioned by the Georgia Superior Court Clerks' Cooperative Authority (GSCCCA) acting for the clerk of superior court; the term is four years and the commission is not valid until the notary takes the oath and files the required records.

Applicants must be at least 18, legal residents of Georgia or residents of a bordering state who work in Georgia, and must not have been convicted of a felony involving moral turpitude or certain disqualifying offenses.

A notary may not notarize a document in which the notary is a signer, a party, or has a direct beneficial interest; notarizing one's own signature or a document naming the notary as beneficiary is prohibited.

Georgia requires a notarial certificate stating the facts attested, the date of notarization, and the notary's signature and official seal; the notary's name on the seal must match the name on the commission.

The official seal must be a rubber stamp or embosser containing the notary's name, the words 'Notary Public,' the county of appointment, and the commission expiration date; a seal is required for all notarizations.

For a signature by mark or by a person unable to sign, Georgia permits a witness to sign the person's name; the notary must record the circumstances and the witness's name in the certificate.

A notary must personally know the signer or obtain satisfactory evidence of identity; Georgia law defines satisfactory evidence to include a government-issued photo ID, a credible witness personally known to the notary, or other identifying documents.

Notaries may administer oaths and affirmations, take acknowledgments, witness signatures, certify copies of documents in limited circumstances, and perform other acts authorized by statute; a notary may not give legal advice or draft legal documents.

Fees for notarial acts are set by statute and are capped; charging more than the statutory fee or performing a notarization with intent to defraud is grounds for discipline, including revocation of the commission.

Georgia requires notary applicants to complete a state-approved notary education course before being commissioned; the course covers notarial law, duties, ethics, and the acknowledgment process.

The approved course must include instruction on the notary's role, prohibited acts, identification requirements, seal requirements, and the consequences of misconduct; it must be completed within the period set by rule before application.

A notary applicant must pass an examination covering the course material; the exam tests knowledge of Georgia notarial statutes and the applicant's understanding of proper notarial practice.

Continuing education is required for reappointment; notaries must complete approved continuing education hours within the term to remain eligible for recommissioning.

Course providers must be approved by the GSCCCA; certificates of completion must be retained and may be requested as part of the application or audit process.

Failing to complete required education or examination requirements is grounds for denying or refusing to renew a commission; the notary bears the burden of documenting compliance.

Education records, including course completion certificates and exam results, should be kept with the notary's records and made available upon request by the commissioning authority.

Georgia notaries are required to maintain a journal of notarial acts; the journal records the date, the type of act, the name of the signer, the identification presented, and the signature of the signer when required.

The notarial certificate (acknowledgment, jurat, or oath) must be attached to or part of the document; the certificate states the act performed, the date, the signer's name, and the notary's signature and seal.

An acknowledgment certificate states that the signer personally appeared, was identified, and acknowledged executing the document voluntarily; a jurat states the signer swore or affirmed the contents in the notary's presence.

The notary's journal and records must be retained for the period required by Georgia law and must be available for inspection by the commissioning authority or a court; records may not be destroyed while the retention period runs.

Notaries must keep the official seal secure and may not allow another person to use it; lost or stolen seals must be reported and a replacement obtained consistent with the commissioning authority's procedures.

When a notary resigns, moves, or the commission expires, the notary must surrender or dispose of the seal and records as directed by the clerk of superior court; the notary may not continue to use the seal after the commission ends.

Forms used for notarial certificates should follow the statutory language; using a certificate that misstates the act performed or omits required elements can invalidate the notarization.

The notary's official signature must match the name on the commission and seal; a notary who changes their legal name must update the commission records and obtain a new seal reflecting the change.

An apostille certifies the authenticity of a public official's signature and seal for documents used in countries that are parties to the Hague Apostille Convention; Georgia issues apostilles through the Georgia Superior Court Clerks' Cooperative Authority.

A document destined for a non-Hague country requires authentication or legalization through the chain of certifications, typically culminating in the U.S. Department of State and the foreign embassy or consulate.

For a Georgia notarized document to receive an apostille, the notary's commission and signature must be verifiable; the apostille is issued by the state authority that commissioned the notary.

Apostilles are attached to the document and contain the country of destination, the identity of the signer, the capacity in which the person acted, the seal, and the place and date of issuance.

Documents signed by Georgia state officials, such as certified copies from the Secretary of State or court records, may be apostilled directly by the appropriate state authority without a notary's involvement.

A notary should not certify the authenticity of a public record or another official's signature unless authorized; the notary's role is to certify the signer's acknowledgment or oath, not the underlying document's validity.

Apostille requests generally require the original document, the appropriate fee, and a request form; photocopies and documents with defective notarial certificates are rejected.

Authentication does not validate the content of the document; it only confirms the signature and seal of the official who executed it, so the receiving country may still reject the document on other grounds.