Georgia: Disqualifications and Prohibited Actions

Notary - No No's

A notary shall be disqualified from performing a notarial act in the following situations which impugn and compromise the impartiality of the notary:

1. When the notary is a signer of the document which is to be notarized; or

2. When the notary is a party to the document or transaction for which the notarial act is required.

A notary shall not execute a notarial certificate containing a statement known by the notary to be false nor perform any action with an intent to deceive or defraud.

A notary shall not perform a notarial act without confirming the identity of the document signer, oath taker or affirmant based on personal knowledge or on satisfactory evidence.

The commission of any notary who performs an act when disqualified or prohibited is subject to revocation. Any notary who executes a notarial certificate containing a false statement known by the notary to be false or performs any action with the intent to deceive or defraud may be prosecuted for a criminal act as provided by law.

It is lawful for a notary who is an employee, officer, director or stockholder of a bank or corporation to take the acknowledgment of any party to any written instrument executed to or by such business or to sign as official witness to the execution by any party of any document executed by or to such business and may administer an oath to any other employee, officer, director, agent or stockholder of such business PROVIDED, HOWEVER, THAT THE NOTARY SHALL NOT PERFORM A NOTARIAL ACT WHERE SUCH NOTARY WOULD BE WITNESSING HIS/HER OWN SIGNATURE EITHER IN HIS/HER CAPACITY AS AN INDIVIDUAL OR AS AGENT FOR SUCH A BUSINESS.

A notary shall not issue attachments or garnishments or approve bonds for issuing same and shall not issue any summons in a dispossessory case. A notary may attest affidavits in attachment, garnishment or dispossessory actions.

No notary is obligated to perform a notarial act if he or she feels such act is for a transaction which the notary knows or suspects is illegal, false or deceptive; for a person who is being coerced or for a person whose demeanor causes compelling doubts about whether the person knows the consequences of the transaction requiring the notarial act.

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