The powers and duties of a Georgia notary public are set out in Title 45, Chapter 17 of the Official Code of Georgia Annotated. A commissioned notary in Georgia can witness signatures, take acknowledgments, administer oaths and affirmations, witness affidavits, and make certified copies of certain documents. Every one of those acts carries required steps: confirm the signer’s identity, apply the seal, sign the certificate by hand in the exact name on the commission, and record the date. Skip a step, cross a line, or charge too much, and the commission is at risk.
What a Georgia Notary Is Authorized to Do
Georgia law gives notaries a defined set of powers. A notary may:
- Witness or attest the signing of deeds and other written instruments.
- Take acknowledgments, confirming that a signer appeared before the notary and acknowledged signing voluntarily.
- Administer oaths and affirmations for affidavits, verifications, and other matters incidental to notarial duties.
- Witness affidavits and attest to sworn written statements.
- Make certified copies of documents photocopied under the notary’s supervision, so long as the original is not a public record and is not a document whose certified copies are available from another official source.
These powers apply anywhere within Georgia, regardless of which county issued the commission.1Justia. Georgia Code 45-17-8 – Powers and Duties Generally A notary may also perform any additional acts authorized by other Georgia laws.
What Every Notarial Act Requires
Verify the Signer’s Identity
Before performing any notarial act, a Georgia notary must confirm the identity of the person signing, taking the oath, or making the affirmation. Identity can be established through personal knowledge of the individual or through satisfactory evidence such as a government-issued photo ID. Georgia law specifically lists a valid Veterans Health Identification Card as one acceptable form of evidence, though the statute is not limited to that document.2Georgia Superior Court Clerks’ Cooperative Authority. Georgia Notary Law
Use the Seal
Every Georgia notary must provide a seal of office, and every official notarial act must be documented with that seal. The seal must include the notary’s name, the words “Notary Public,” the state name, and the county of appointment. A rubber stamp or similar stamp is acceptable; a handwritten scrawl is not. An embossed seal is permitted but not required.3Justia. Georgia Code 45-17-6 – Seal of Office
Sign and Date the Certificate
The notary must sign the notarial certificate by hand, in ink, using exactly the name shown on the commission. The exact date of the notarial act must also be recorded. One exception: attestations of deeds and instruments related to real property do not require the date on the notarial certification.4Justia. Georgia Code 45-17-8.1 – Signature and Date of Notarial Act
Journal Entries for Self-Filer Notarizations
Georgia historically did not require notaries to keep a journal. That changed for certain transactions. As of January 1, 2025, Georgia notaries must maintain a written or electronic journal with an entry for each notarial act performed at the request of a self-filer. A self-filer is someone who brings their own document directly to a notary, as opposed to documents handled through a title company, law firm, or other intermediary. Each required entry must include:
- The self-filer’s name, address, and phone number.
- The date, time, and location of the notarization.
- The type of government-issued photo ID presented, along with identifying numbers, unless identity was confirmed through personal knowledge.
- The self-filer’s signature.
- The type of document presented for notarization.
For non-self-filer transactions, a journal is not legally mandated, but keeping one remains a sound defensive practice. If someone later challenges the validity of a notarization, a detailed journal entry is the notary’s best evidence.2Georgia Superior Court Clerks’ Cooperative Authority. Georgia Notary Law
When a Notary Must Refuse
Georgia law bars a notary from acting when their impartiality is compromised. A notary is disqualified from performing a notarial act when the notary is a signer of the document being notarized, or is a party to the document or the underlying transaction.1Justia. Georgia Code 45-17-8 – Powers and Duties Generally These disqualifications exist to prevent the conflict of interest that arises when the person verifying a signature has a stake in the outcome.
What a Georgia Notary Cannot Do
A Georgia notary who is not a licensed attorney cannot give legal advice, counsel on immigration matters, or perform any service that amounts to practicing law. This restriction trips up notaries more often than you might expect, particularly those who serve immigrant communities where “notario” carries a very different meaning in other countries.
Georgia law requires that a notary who advertises notarial services in any language include a conspicuous notice stating: “I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF GEORGIA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.”5Justia. Georgia Code 45-17-8.2 – Misrepresentation Prohibited; Required Notice; Posting of Schedule of Fees; Penalties
A notary also cannot claim or imply that they have powers beyond what Georgia law actually grants. Misrepresenting the scope of notarial authority is a separate violation.5Justia. Georgia Code 45-17-8.2 – Misrepresentation Prohibited; Required Notice; Posting of Schedule of Fees; Penalties
What a Georgia Notary Can Charge
Georgia caps notary fees. Under O.C.G.A. § 45-17-11, the fee is $2.00 per notarial act, whether the notary is administering an oath, attending to make proof and certifying the same, or issuing any other certificate. The total for a single service cannot exceed $4.00, which covers the $2.00 notarial act fee plus a $2.00 attendance and certification fee when a certification from the clerk of superior court or the Georgia Superior Court Clerks’ Cooperative Authority is required.6Justia. Georgia Code 45-17-11 – Fees of Notaries Charging more than the statutory maximum violates Georgia law, and notaries are required to post a schedule of their fees.
Consequences for Violating Notary Duties
Losing the Commission
The clerk of superior court who appointed a notary has the authority to revoke the commission or deny reappointment. Grounds for revocation include:
- Violating any provision of the notary chapter.
- Performing notarial acts in violation of O.C.G.A. § 45-17-8.
- Submitting an application containing substantial misstatements or omissions of fact.
- Ceasing to reside, work, or maintain a business in Georgia.
- Losing the ability to read and write English.
A notary whose commission is revoked has the right to a hearing before the superior court clerk and can appeal the decision to the superior court.7Justia. Georgia Code 45-17-15 – Revocation of Commission
Criminal Exposure
Some violations carry criminal consequences on top of commission loss. Performing notarial services without a valid commission is a misdemeanor under Georgia law, as is violating some of the core duty provisions of O.C.G.A. § 45-17-8.8Justia. Georgia Code 45-17-20 – Penalty; Prosecution of Violations Falsifying a notarial certificate or committing fraud in connection with notarial duties can result in fines and imprisonment. Courts treat these offenses seriously because fraudulent notarizations can undermine real estate transactions, legal proceedings, and financial agreements.
Electronic and Remote Notarization
Georgia recognizes electronic signatures and electronic records under the Uniform Electronic Transactions Act at O.C.G.A. Title 10, Chapter 12, which addresses how an electronic process can satisfy a notarization, acknowledgment, verification, or oath requirement.9Justia. Georgia Code Title 10 Chapter 12 – Uniform Electronic Transactions Act The Georgia Department of Revenue accepts remote notarizations from notaries in states where remote notarization is permitted by law.10Georgia Department of Revenue. ADMIN-2025-03 – Acceptance of E-Signatures, Remote Notaries, and Electronic Filings
Remote online notarization (RON), which allows a notary and signer to connect through audio-video technology rather than meeting in person, is an area of actively developing law in Georgia. Legislation (HB 289) has been introduced to establish requirements for remote online notaries, including completing a course, passing an exam, and meeting standards for credential analysis and identity proofing set by the Georgia Superior Court Clerks’ Cooperative Authority. A Georgia notary interested in performing remote notarizations should confirm current rules with the GSCCCA before offering the service.