Become a Georgia Notary Public by studying these exam questions and answers. This guide covers proper identification, notarial acts, journal requirements, fees, and Georgia-specific notary regulations.
Q: What happened in 1639?
Answer: The colony of New Haven, CT appointed the first notary public in America.
Q: Who originally maintained certificate of appointment in GA?
Answer: State Librarian
Q: What happened in 1997?
Answer: The Georgia Superior Court Clerks’ Cooperative Authority assumed the responsibility of overseeing the notary division, and all notary commissions are now issued through each county’s Clerk of Superior Court.
Q: GSCCCA stands for?
Answer: Georgia Superior Court Clerks’ Cooperative Authority
Q: All notary commissions are issued how?
Answer: Through each county’s Clerk of Superior Court
Q: What are the five basic qualifications that an individual must meet in order to be commissioned as a notary in the state of Georgia ( O.C.G.A./ 45-17-2)?
Answer: – At least 18 years or older- US citizen or legal resident of United States- A legal resident of the county from which such individual is appointed- Have, and provide at the times of application, the applicant’s operating telephone number- Able to read and write the English language
Q: What options do you have to show proof that you reside in the county?
Answer: – A valid GA license- A valid United States passport- A valid voter id card- Such other valid id by a local, state, or US government
Q: What residents of what states that boarder GA can apply to become a Georgia notary?
Answer: Florida, Alabama, Tennessee, North Carolina, and South Carolina.
Q: What’s the qualifications for those boarding Georgia who want to be a Georgia notary?
Answer: Anyone who is a resident of a state boarding GA, and who carries on a business or profession in the state of Georgia, or who is regularly employed in the state of Georgia.
Q: Application and endorsement?
Answer: As part of the application process you will be asked to submit an endorsement by two residents of the county in which he/she is applying. The endorsers must be 18 years or older, not related to the applicant, and have known the applicant for at least a month.
Q: The two residents endorsing you will be asked?
Answer: They will be asked to declare that the applicant is a person of integrity, good moral character, and capable of performing notarial acts.
Q: In addition applicants must do what?
Answer: Applicants must declare all denials, revocations, suspensions, restrictions or resignations of a notary commission and all criminal convictions, including any plea of nolo contendere, except minor traffic violations.
Q: What happens once your application is received?
Answer: The clerk has a max of ten days in which to deny or grant. Typically the application process is less than ten days.
Q: The Clerk of Superior Court may grant or deny a commission based upon the following?
Answer: – the applicant’s criminal history- revocation, suspension, or restriction of any notary commission or professional license issued to the applicant by this or any other state.- any violation of O.C.G.A./45-17-15 whether or not criminal penalties or commission suspension revocation resulted.- the applicant is found by the State Bar of Georgia a court of this state or a court of any state to have engaged in unauthorized practice of law
Q: What happens once the application has been accepted?
Answer: A certificate is issued which you must sign your name as commissioned. So sign your name the way it appears on your license.
Q: How long is a notary’s public term?
Answer: Four years and you can apply for recommission by the Clerk of Superior Court of the county in which the notary resides.
Q: The Clerk of Superior Court maintains accurate records of what?
Answer: Your names, addresses, signatures, ages, sex, and terms of appointment. You may renew in person or by mail at discretion of The Clerk of Superior Court.
Q: Georgia law requires that a notary use what when notarizing documents?
Answer: You’re required to use either an ink stamp or embossing seal when notarizing documents.
Q: Although Georgia law doesn’t require a specific size and shape requirement, notary law does require the following information?
Answer: – The name of the notary as it appears on the commissioning certificate- The words “Notary Public”- The word “Georgia” or “GA” The name of the county where the notary is commissioned.
Q: What does Georgia law not allow?
Answer: The inclusion of a notary’s commission expiration date to be contained in the seal. However it is strongly recommended that the notary commission ending date be included in the notarial certificate when performing notarial acts. The notary should simply write “My commission expires ____”
Q: When must you destroy your official seal?
Answer: If you resign your commission, have commission revoked, or if application for renewal commission was denied. For rubber seals deface with razor. For embossers remove and destroy the metal plate.
Q: What to do in the event of a lost or stolen seal?
Answer: The notary must notify the Clerk of Superior Court of the county in which commissioned. You must send a written notice of the loss or theft within in 10 days of loss. The written notice should include your name as commissioned and your address along with your statement.
Q: What is encouraged once issued a new seal?
Answer: Modify the name to provide a clear line of distention from when your old seal was issued to the new. For example include the middle initial if it was not used in the notary’s name when originally commissioned.
Q: Where to purchase seal/stamps
Answer: Stamps and seals can be purchased from local office suppliers, and/or various online notary associations and retailers.
Q: What to do if your address or number changes?
Answer: You have to notify in writing your appointing Clerk of superior court and GSCCCA (Georgia Superior Court Clerks’ Cooperative Authority). The notice has to contain a copy of your old and new address and must be sent within 30 days of the change.
Q: What happens if your name changes?
Answer: A notice in writing must be sent to GSCCCA and your appointing Clerk of superior court. The notice must contain both old and new names, the new signature, and any new address must be received by the Clerk of Superior Court within 30 days of change.
Q: What three steps must be completed before you can start using your new name after your name change?
Answer: – your written notice has been received by the appointing Clerk of Superior Court- a confirmation of the notary name change has been received from the appointing Clerk of Superior Court- A new seal bearing the new name exactly as indicated in the confirmation has been obtained.
Q: A notary should never do what?
Answer: A notary may not be a party to the document being notarized.
Q: What’s the notary standard?
Answer: – to uphold the public trust- to maintain a professional manner suitable to the off of notary public- to treat each individual fairly and equally with kindness and respect- to always be satisfied that the individual appearing before the notary understands the contents of the document to be executed or oath to be administered before proceeding- to not betray the confidence of any individual appearing before the notary- to never perform any notarial act in which the notary is a party- to never divulge the contents of any document nor the facts of execution of that document without proper authority- to keep informed of the law regarding your duties and the power of the office of notary public in Georgia and not compromise the law- to exercise extreme care to insure that the notarial seal, stamp, and records are kept in a safe place and are not used by anyone else
Q: What are the type of penalties you can receive for misconduct?
Answer: – administrative penalties, criminal penalties, and/or civil penalties.
Q: Administrative penalties include?
Answer: suspension or/and revocation of notary commission.
Q: What’s a reason you could get an administrative penalty??
Answer: acts that show dishonesty with the public, such loss of any professional license, making unauthorized certified copies, overcharging, violating any civil code, no personal appearance of the signer or failure to require the signer to provide satisfactory ID.
Q: If found guilty of a misdemeanor for the third time or be guilty of a felony what’s the consequences?
Answer: You will serve prison time fore no less than a year and no more than five, a fine up to $5,000, or both
Q: You can become guilty of a felony if what?
Answer: if the violation is part of a criminal conspiracy.
Q: Please note!
Answer: – without personal appearance of the signer, a lawfully executed signing can’t take place. personal appearance of the signer is the cornerstone of any valid notarial act
Q: What is grounds for suspension or revocation?
Answer: giving legal advice, counseling on immigration matters, signing other than the exact name that appears on the notary commission document, or putting other than the correct date on a notarial certificate.
Q: What things violates OCGA 45-17-10?
Answer: – charges more than the fee provided by law to perform a notarization- submit an application with significant omissions or factual errors- move out of state, or for a non-resident notary, no longer works in the state- can for some reason can’t read or write English anymore
Q: Georgia statue states notaries public shall have the authority to??
Answer: – witness or attest signature or execution of deeds and other written instruments- take acknowledgements- administer oaths and affirmations in all matters incidental to their duties as commercial officers and all other oaths and affirmations which are not by law required to be administered by a particular officer- witness affidavits upon oath or affirmation- take verification upon oath or affirmation- make certified copies provided that the document presented for copying is an original document and is neither a public record nor a publicity recorded document, certified copies of which are available from an official source other than the notary; and provided that the document was photocopied under the supervision of the notary- perform such other acts as they are authorized to perform by other laws in the state
Q: No notary shall be obligated to perform a notarize act if they feel such act is??
Answer: – for transaction which the notary knows or suspects is illegal, false, or deceptive- for a person who is being coerced- for a person whose demeanor causes compelling doubts about whether the person knows the consequences of the transaction requiring the notarial act- in situations which impugn and compromise the notary impartiality as specified in subsection of this code section
Q: A notary shall be disqualified from performing a notarial act in the following situations which comprise the notary’s impartiality??
Answer: – when the notary is a signer of the document which is to be notarized or when the notary is a party to the document or transaction for which the notarial act is required
Q: Does Georgia law prevent a notary from performing a notarial act for a family member?
Answer: No it’s doesn’t prevent. However, it is recommended as a best practice that a notary not perform acts for family members. A notary impartiality may be questioned in such instances where a notary performs an act for a family member
Q: One of the basic but most important requirements is??
Answer: The requirement that the signature of a notary must be original
Q: According to OCGA 45-17-82??
Answer: A notary public shall sign on the Motorola certification by hand ink only and exactly the name indicated on the notary’s commission and shall record on the notarial certification the exact date of the notarial act.
Q: There is one exception to the requirement that the notary document the exact date of the notary act??
Answer: OCGA 45-17/8 states that the requirement of subsection of this code section for recording of the date of the notarial act shall not apply to an attestation of deeds or any other instruments pertaining to real property
Q: In performing any notarial act should?
Answer: Confirm the identity of the document signer, oath taker, or affirmation based on personal knowledge or satisfactory evidence.
Q: When advertising what do you put in your notice??
Answer: I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STAYE OF GEORGIA AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE- if the advertisement is made by radio or television this statement may be modified but must include substantially the same message
Q: What are the 3 basic recommended forms of identification a notary public may accept from the signer?
Answer: – Personal knowledge (this is when the notary personally knows the signer through an interaction and association w/ the individual that established his/her identity)- ID card (state/ gov issued, contain photography, and signature of the person. Examples include drivers license or passport)- Oath or credible witness or witnesses ( a person may give a sworn statement preferably written about an individual ID)
Q: When using a witness what are the requirements?
Answer: – the witness must be believable- witness must personally know the signer- the notary must personally know the witness or two witnesses must present ID to the notary if the witnesses are not known to the notary- the notary places the witness under oath where the witness swear to or affirms the identity of the document signer- the notary proceeds with the notarization of the original document naming the oath of the credible witness as the form of ID used for the document signer
Q: Are you limited to only performing notarial acts only in the county in which commissioned?
Answer: No! According to OCGA 45-17-9 Notarial acts may be exercised in any county in the state. A notary may perform notarial acts in any of Georgia’s 159 counties. When performing these acts a notary should include a notarial certificate on the document
Q: Tell me about the notarial certificate??
Answer: – The notarial certificate is written, signed and sealed statement by the notary public certifying specific facts of the notarial act performed.- A notarial certificate must state the exact date of the notarial act and provide a description of the act.- As best practice, the county in which the notarial act was performed should be incorporated in the notarial certificate.
Q: There is no official guidance as to where the seal should be imprinted but???
Answer: – As a best practice the imprint should be made in close proximity to the notary’s signature- A lot had to do with the layout of the document which could necessitate imprinting the seal below, beside, or above the notary’s signature.
Q: What best practices are there for personal appearance?
Answer: – require personal appearance- personal appearance is crucial in preserving the integrity of the transaction as means that the document signer physically appears in front of the notary public in the same room at the same time of the notarization
Q: Georgia law (OCGA 45-17-11) limits the fee to be how much?
Answer: – $2 per notarial act. Note fees are not based on the number of pages in the document.
Q: Why maintain a journal?
Answer: – When you perform a notarial act it is a best practice to document the info in a journal- Recommended I for to include is signers name, address, type of ID, type of document, date, and time of notarial act and any comments or special observations
Q: What to do if signer can’t read or see?
Answer: – Offer to read the document to the signer- Reading the document means the signer has heard the information- However if reading the document the notary should NOT explain the contents of the document or give legal advice- Having read the document aloud to the signer, make a note on the notarial certificate stating “I further certify that I read the document to the signer prior to notarization”
Q: What to add to notarial certificate of you read the document to client?
Answer: – Having read the document aloud to the signer, make a note on the notarial certificate stating “I further certify that I read the document to the signer prior to notarization”
Q: What to do when the signer can’t hear?
Answer: – Write notes- These notes should contain pertinent questions asked by a notary public- Once all questions have been asked and answered the document may be notarized- If a separate sheet of paper was used for asking the questions, it is recommended that it be attached to the record book entry
Q: What to do if signer signs by mark?
Answer: – question the signer. It is acceptable for a person who can’t make a “normal” signature to sign by mark.
Q: What to do when the document contains a foreign language?
Answer: – Speak a common language with their signer- The notarial certificate is in a language the notary understands- If the signer doesn’t understand the notary’s language, decline to notarize the document because the signer can’t acknowledge executing the document.
Q: How do I handle multiple signers?
Answer: – You’re only concerned with the signers before you.- It’s okay if document has places for multiple signers and all aren’t present- The journal entry will be the proof of who or whom signed before the notary- If multiple signers are present, the notary must sign and imprint seal for each notarial act-