Georgia Notary Public Exam — Questions and Answers

Question 1: Which of the following statements about Georgia notary liability is correct?

Liability only arises if the notary charges a fee for the act
Only criminal liability applies; civil suits against notaries are barred by state law
A notary can be held civilly liable for damages caused by their negligent or improper notarial act (Correct answer)
Notaries are protected from all liability if they follow the signer's instructions

Correct answer: A notary can be held civilly liable for damages caused by their negligent or improper notarial act

Georgia notaries can face civil liability for damages resulting from negligence or misconduct in performing notarial acts, in addition to potential criminal penalties.

Question 2: A notary changes their legal name after marriage. What must they do regarding their seal?

Obtain a new commission and seal reflecting the new name before performing further notarizations (Correct answer)
Notify the county clerk in writing and continue using the old seal
Affix a written name-change notice to all future documents
Continue using the old seal until the current commission expires

Correct answer: Obtain a new commission and seal reflecting the new name before performing further notarizations

Because the seal must display the notary's name exactly as it appears on their commission, a legal name change requires a new commission and a new seal.

Question 3: A credible witness in a Georgia notarization must swear or affirm what about the signer?

That the signer is not under any legal disability
That the signer has read and understands the document
That the signer is the individual named in the document and is signing voluntarily (Correct answer)
That the signer is a U.S. citizen in good standing

Correct answer: That the signer is the individual named in the document and is signing voluntarily

A credible witness must swear or affirm that the signer is the person named in the document being notarized.

Question 4: Which of the following may a Georgia notary NOT do regarding fees?

Waive the fee entirely
Charge $2.01 for a single act (Correct answer)
Charge less than the maximum
Charge $0 for a family member

Correct answer: Charge $2.01 for a single act

Charging even one cent above the $2 maximum per notarial act is a violation of Georgia law.

Question 5: A notary's employer instructs them to notarize a document containing false statements, threatening termination for refusal. The notary should:

Notarize and attach a personal disclaimer distancing themselves from the content
Notarize only if the employer provides a signed written indemnification agreement
Refuse, because the notary bears personal legal liability for the notarization regardless of employer pressure (Correct answer)
Comply since the employer assumes responsibility for the document's content

Correct answer: Refuse, because the notary bears personal legal liability for the notarization regardless of employer pressure

A notary bears personal legal responsibility for every notarization and cannot use employer instructions as a legal defense for notarizing false documents.

Question 6: Under Georgia law (O.C.G.A. § 45-17-8), a notary is disqualified from performing a notarial act in all of the following situations EXCEPT:

When the notary is a signer of the document to be notarized.
When the notary has a financial interest in the transaction.
When the notary is notarizing a document for a close family member. (Correct answer)
When the notary is a party to the transaction for which the notarial act is required.

Correct answer: When the notary is notarizing a document for a close family member.

O.C.G.A. § 45-17-8 explicitly disqualifies a notary who is a signer of the document or a party to the transaction. While notarizing for relatives is strongly discouraged as it can compromise impartiality, the law does not have a specific statute automatically disqualifying a notary for this reason alone. Being a party to the transaction implies a financial or other beneficial interest, which is a clear disqualifier.

Question 7: A signer presents a Georgia Department of Driver Services ID card (non-driver ID). Is this valid for notarial identity verification?

Yes, a state-issued non-driver photo ID is an acceptable form of identification (Correct answer)
Only if the signer also provides proof of their Social Security number
No, only driver's licenses are acceptable, not non-driver IDs
Only for documents that do not involve real property

Correct answer: Yes, a state-issued non-driver photo ID is an acceptable form of identification

State-issued non-driver photo IDs are government-issued identification documents that are fully acceptable for notarial identity verification.

Question 8: After a Georgia notary's surety bond is issued by the bonding company, what is the required next step?

Register the bond online through the state portal
Mail a copy to the Secretary of State
File the bond with the Clerk of Superior Court (Correct answer)
Post the bond prominently at their place of business

Correct answer: File the bond with the Clerk of Superior Court

After obtaining the surety bond, the notary must file it with the Clerk of Superior Court in the appropriate county to complete the commission process.

Question 9: In Georgia, if an affidavit contains multiple pages, where should the notary's jurat certificate appear?

At the top of the first page
On a separate document filed with the court
On every page of the affidavit
At the end of the document, following the affiant's signature (Correct answer)

Correct answer: At the end of the document, following the affiant's signature

The jurat certificate should appear at the end of the affidavit, following the affiant's signature, to certify the entire sworn document.

Question 10: Which statement about Errors and Omissions (E&O) insurance for Georgia notaries is accurate?

E&O insurance is voluntary but provides personal financial protection to the notary (Correct answer)
E&O insurance only covers intentional criminal acts by the notary
E&O insurance is mandatory and must be filed with the court
E&O insurance replaces the surety bond requirement in Georgia

Correct answer: E&O insurance is voluntary but provides personal financial protection to the notary

Georgia does not require E&O insurance, but it is strongly recommended because it protects the notary's personal finances against claims arising from notarial errors or omissions.

Question 11: In Georgia, can a notary perform an acknowledgment if the signer signed the document before appearing before the notary?

No, the signer must sign in the notary's presence
Yes, as long as the signer acknowledges the signature during the notarization (Correct answer)
Only if the document is a deed
Only with court approval

Correct answer: Yes, as long as the signer acknowledges the signature during the notarization

In Georgia, the signer may have signed beforehand and then appear before the notary to acknowledge that the signature is their own voluntary act.

Question 12: A Georgia-commissioned eNotary is asked to perform a RON session for a signer who is physically located in France. Is this permissible?

Yes, Georgia RON law permits eNotaries to serve signers located outside Georgia and even outside the United States. (Correct answer)
No, Georgia eNotaries may only serve signers physically located within Georgia.
Yes, but only if the document will be used solely within Georgia.
No, international RON requires a federal notary commission, not a state commission.

Correct answer: Yes, Georgia RON law permits eNotaries to serve signers located outside Georgia and even outside the United States.

Georgia RON law allows a commissioned Georgia eNotary to serve signers located anywhere in the world, as long as the eNotary is physically located in Georgia during the session.

Question 13: In Georgia, may a notary charge a fee to administer an oath?

Only for oaths administered in connection with real estate documents
Only if the notary is not a government employee
Yes, subject to Georgia's maximum notary fee schedule (Correct answer)
No, administering oaths must always be free of charge

Correct answer: Yes, subject to Georgia's maximum notary fee schedule

Georgia notaries may charge a fee for administering oaths, but the amount is capped by the state's maximum notary fee schedule.

Question 14: Which element must always appear in a Georgia notarial certificate to establish legal sufficiency?

The notary's employer's name and address
The document type being notarized
The date the notarial act was performed (Correct answer)
The signer's date of birth

Correct answer: The date the notarial act was performed

The date of the notarial act is essential for establishing when the act occurred and must appear in every certificate.

Question 15: Which Georgia agency must a notary register with before performing remote online notarizations?

Georgia Secretary of State
Georgia Superior Court Clerks' Cooperative Authority (GSCCCA) (Correct answer)
Georgia Department of Revenue
Georgia Bar Association

Correct answer: Georgia Superior Court Clerks' Cooperative Authority (GSCCCA)

Notaries must register with the Georgia Superior Court Clerks' Cooperative Authority (GSCCCA) to be authorized to perform RON.

Question 16: Which notarial act is most appropriate for a signer executing a self-proving will in Georgia?

Acknowledgment (Correct answer)
Copy certification
Apostille
Jurat

Correct answer: Acknowledgment

A self-proving will in Georgia typically requires an acknowledgment, where the testator and witnesses acknowledge their signatures before a notary.

Question 17: According to Georgia law effective January 1, 2025, under which specific circumstance is a notary public MANDATED to make an entry in a written or electronic journal?

Whenever the notary charges a fee for the service.
Only when notarizing documents for real estate transactions.
When performing a notarial act for a 'self-filer'. (Correct answer)
For every notarial act performed during their commission.

Correct answer: When performing a notarial act for a 'self-filer'.

Georgia House Bill 1292, effective January 1, 2025, requires notaries to maintain a journal for each notarial act performed at the request of a 'self-filer.' A self-filer is generally an individual involved in certain real estate or property documents who is not part of an exempt professional group like an attorney or title agent.

Question 18: In Georgia, what information must typically appear in a notarial certificate for an acknowledgment?

The names of all parties to the transaction
The full legal description of any property involved
State and county of notarization, signer's name, notary's name, commission expiration, and signature (Correct answer)
Signer's Social Security number and address

Correct answer: State and county of notarization, signer's name, notary's name, commission expiration, and signature

A Georgia acknowledgment certificate must include the venue (state and county), the signer's name, the notary's name, commission expiration date, and the notary's signature and seal.

Question 19: A notary performs a notarization at a hospital bedside. What location information should be recorded in the journal?

The patient's home address on file with the hospital
The actual location where the notarization occurred, such as the hospital name and room number (Correct answer)
No location is needed since the notary's office address is implied
Only that the notarization was 'off-site'

Correct answer: The actual location where the notarization occurred, such as the hospital name and room number

Recording the actual location of the notarization documents that the act occurred in the notary's authorized jurisdiction and creates a verifiable record.

Question 20: Which of the following criminal history situations would disqualify an applicant from receiving a Georgia notary commission?

A felony conviction with civil rights not yet restored (Correct answer)
An expunged misdemeanor from early adulthood
A misdemeanor traffic violation 10 years ago
A dismissed DUI charge from 5 years ago

Correct answer: A felony conviction with civil rights not yet restored

A felony conviction disqualifies an applicant unless their civil rights have been restored through a pardon or other legal process.

Question 21: Under what circumstance may a Georgia notary proceed WITHOUT seeing the signer's photo ID?

When the signing takes place at an attorney's office
When the document value is under $5,000
When the signer has a high credit score on file
When the signer is personally known to the notary (Correct answer)

Correct answer: When the signer is personally known to the notary

Personal knowledge of the signer is a legally recognized alternative to documentary ID under Georgia notary law.

Question 22: The date on a notarial certificate must correspond to:

The date the notary mails or delivers the document
The date the notarial act was actually performed (Correct answer)
The date the document is recorded or filed
The date the document was drafted or typed

Correct answer: The date the notarial act was actually performed

The certificate date must reflect the actual date the notary performed the notarial act, not any other date associated with the document's lifecycle.

Question 23: What should a notary do if they are approached by a signer who appears to be under the influence of alcohol or drugs?

Refuse to perform the notarial act and suggest the signer return later (Correct answer)
Proceed with the notarization to avoid inconvenience
Perform the act but note the condition of the signer on the document
Allow the signer to have a witness present

Correct answer: Refuse to perform the notarial act and suggest the signer return later

A notary must ensure the signer is competent and aware of what they are signing. If a signer appears to be under the influence of alcohol or drugs, their capacity to understand the document and act willingly is compromised. Refusing the notarization protects both the signer and the notary from potential legal challenges and ensures the integrity and validity of the notarial act.

Question 24: Can a person whose felony conviction has been fully pardoned apply for a Georgia notary public commission?

Yes, a full pardon that restores civil rights removes the disqualification (Correct answer)
Yes, but only after waiting 10 years post-pardon
No, a felony conviction is a permanent lifetime bar regardless of pardon
No, only the Governor can grant an exception for pardoned felons

Correct answer: Yes, a full pardon that restores civil rights removes the disqualification

A full pardon that restores civil rights eliminates the felony-based disqualification for a Georgia notary commission.

Question 25: A signer's demeanor causes a notary to have compelling doubts about whether the person understands the consequences of the document they are signing. According to Georgia law, the notary:

should require a second form of identification before proceeding.
may refuse to perform the notarial act. (Correct answer)
is obligated to explain the document to the signer.
must proceed with the notarization if the signer has valid ID.

Correct answer: may refuse to perform the notarial act.

Georgia law states that a notary is not obligated to perform a notarial act if the signer's demeanor causes compelling doubts about their understanding of the transaction. A notary has the discretion to refuse a notarization in such circumstances to prevent potential fraud or coercion.

Question 26: What must a Georgia notary do when their commission term is nearing expiration and they wish to continue serving?

They must submit a renewal application to the Superior Court clerk before expiration (Correct answer)
They must obtain a new oath from the Governor's office
They must retake and pass a state-administered notary examination
The commission automatically renews without any action needed

Correct answer: They must submit a renewal application to the Superior Court clerk before expiration

To renew a Georgia notary commission, the notary must file a renewal application with the Superior Court clerk before the current commission expires.

Question 27: A Georgia notary performs an acknowledgment for a husband and wife who each sign the same document separately. What is the maximum total fee?

$4 (Correct answer)
$6
$8
$2

Correct answer: $4

Each signer's acknowledgment is a separate notarial act, so two acts allow up to $4 total.

Question 28: A Georgia notary performing a RON session realizes mid-session that the signer appears to be under duress. What must the notary do?

Refuse to complete the notarization and terminate the session (Correct answer)
Complete the notarization since the session is already underway
Ask the signer to confirm in writing that they are acting voluntarily
Contact the GSCCCA before deciding whether to proceed

Correct answer: Refuse to complete the notarization and terminate the session

A notary must never notarize for a signer who appears to be under duress; the session must be terminated and the notarization refused.

Question 29: What is an affidavit?

A written statement of facts sworn or affirmed to be true before a notary or other official (Correct answer)
A court order signed by a judge
A notary's official commission certificate
A property deed requiring notarization

Correct answer: A written statement of facts sworn or affirmed to be true before a notary or other official

An affidavit is a written declaration of facts that the affiant swears or affirms is true before an authorized official such as a notary.

Question 30: In Georgia, must the document signer personally appear before the notary when an acknowledgment is performed?

Yes, personal appearance is required (Correct answer)
No, the notary may rely on a telephone call
Only if the document is recorded
No, a written statement from the signer is sufficient

Correct answer: Yes, personal appearance is required

Georgia law requires the signer to personally appear before the notary at the time of the acknowledgment.

Question 31: Under Georgia law, is the notary responsible for ensuring the contents of an acknowledged document are true?

Only if the notary is also an attorney
Only for real estate deeds
No, the notary only certifies the signer's identity and voluntary act (Correct answer)
Yes, the notary must verify all facts in the document

Correct answer: No, the notary only certifies the signer's identity and voluntary act

A notary performing an acknowledgment certifies only the signer's identity and voluntary execution — not the accuracy of the document's contents.

Georgia Notary Public Exam

The Georgia Notary Public Exam is administered through the GSCCCA eLearn portal and tests applicants on Georgia notary law, notarial acts, signer identification, recordkeeping, seal requirements, prohibited acts, fees, and remote online notarization procedures.

Questions

60 min

Time Limit

90%

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