Athens-Clarke County GA - Clerk of Superior & State Courts

Posted by: Beverly on 03/07/2007 11:25 AM
Updated by: Beverly on 07/30/2010 07:42 AM
Expires: 01/01/2012 12:00 AM
Notary Public

What is a Notary? How do I become a Notary? What is an Apostille? How do I change my notary address?

These are just a few of the frequently asked questions regarding Georgia Notaries Public. In this article, we will attempt to answer these questions and more. For further information, you may purchase the Georgia Notary Handbook by contacting the Georgia Superior Court Clerks' Cooperative Authority at 1-800-304-5175, website www.gsccca.org, or email: mike.smith@gsccca.org.

What is a notary? A notary public is an official appointment by the State to serve the public as an impartial witness, with duties prescribed by law.

What does notarization mean? Certification by an impartial witness that a signer has been screened and that an oath has been administered.

What is the procedure in notarizing a document?

a. Request identification
b. Administer oath, if necessary
c. Complete notarial certificate
d. Sign your name, exactly as it appears on your seal
e. Write or type your commission expiration date
f. Place seal on document

Must I sign my name exactly as it appears on the certificate? Yes. You must use the same name as it appears on the certificate and seal, including a middle initial, if it applies.

Where do I place my notary seal on a document? The seal should be affixed on the document where it can be easily read, not over your signature or printed matter if possible.

What three things should I screen a signer for?

a. Identity
b. Willingness
c. Competency

What forms of identification should I request? The best form of identification to use is one that includes a photograph, signature and ideally a physical description. A valid driver's license is a good source of identification. Georgia statute requires persons appearing before a notary to produce identification.

What are the qualifications to become a Notary in Georgia? An applicant must be at least 18 years of age, a resident of this State, and a resident of the county in which he or she applies. Applicants must be able to read and write the English language.

How do I become a Notary Public? You must complete a notary application online at www.gsccca.org and submit in person to the Clerk of Superior Court of the county in which you reside. The fee is $162.

Are Georgia Notaries required to be bonded? No bond is required of Georgia Notaries.

What is the procedure for changing a name or address during a term of office? A Notary who changes his or her name or address shall notify the appointing Clerk in writing within thirty days of the change and provide the old and new names, old and new addresses, and new signature. A copy of the letter should be sent to the GSCCCA, 1875 Century Boulevard, Suite 100, Atlanta, GA 30345.

Can I transfer my commission to another county if my name and address changes during my term of office? Your commission continues in the county of appointment until it expires. The Notary is required to notify the Clerk of Superior Court in the old county of the change. Application for re-certification at the expiration of the term will be made to the new Clerk.

May I notarize my own signature or the signatures of relatives? You may not notarize your own signature. Although the statutes do not forbid notarizing the signature of relatives, it is not a good idea. If the notarized document is ever challenged in court, it might be determined that you were not acting as an impartial witness when the document was notarized.

What are the three types of discrepancies that commonly cause clerks to reject notarized documents?

a. Missing or illegible seal impression
b. Missing or illegible signature
c. Improper notarial certificate

What should I do if asked to notarize a document written in a foreign language?

a. Refer constituent to a consulate if one is available
b. Locate a bilingual notary
c. You may notarize a signed English-language translation of the document. A translator's declaration attached is recommended.

Is it proper to notarize a blank document? No. This lends itself to potential fraud.

Does a Notary have to use a seal when notarizing documents? A complete Notarial Act requires a Notary's signature and seal.

Is a document valid if the Notary fails to include the epiration date of his or her term of office? A document is generally valid if the expiration date is mistakenly left out. The wise Notary will always include the expiration date. If no stamp is handy, the expiration may be handwritten.

May a Notary refuse to witness a document? A Notary may, and should, refuse to witness a signature whenever any question exists as to the identity of the signer, the sanity of the signer, or the voluntariness of the signature. A Notary should confirm the identity of the signer based on personal knowledge or satisfactory evidence.

Can I sign as a witness in addition to acting as a Notary on a document? A Notary is disqualified from performing a notarial act when he or she is also a party to the document for which notarization is required.

If a Notary resides in one county can he or she notarize a document in another county? Notarial Acts may be exercised in any county in the State.

May an out-of-State resident become a Notary Public in Georgia? A resident of a State that borders Georgia, but who works or carries on a business in Georgia, may serve as a Notary Public and should apply to the Clerk of the Superior Court of the county in which he or she works.

What is the term of office for a Notary and how is it renewed? A Notary holds office for four years. Renewal of a commission is made by mail or in person at the discretion of the appointing Clerk. A Notary should contact his or her Clerk of Superior Court in their current county of residence for specific procedures.

Who do I contact to obtain a certificate of authentication? The Notary Division of the Georgia Superior Court Clerks' Cooperative Authority.

What is an Apostille and who issues it? An apostille is the international certification issued by the Notary Division of GSCCCA and is available pursuant to the provisions of the "Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents." The Apostille is affixed to a document which is witnessed or certified by a Notary Public or a State or county officer, and which requires authentication for use in a country that is a member of the Hague Convention. Information regarding countries that are members of the Hague Convention may be obtained from the U.S. Department of State's Authentication Office at 202-647-5002. For further information contact:
GSCCCA
Notary Division, 1875 Century Boulevard, Suite 100, Atlanta, GA 30345
404-327-6023 or 404-327-9058 fax 404-327-7877