GA Notary - Georgia Notary Journaling and Record Keeping Questions and Answers 1 — Questions and Answers
Question 1: 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?
- For every notarial act performed during their commission.
- Only when notarizing documents for real estate transactions.
- When performing a notarial act for a 'self-filer'. (Correct answer)
- Whenever the notary charges a fee for the service.
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 2: A Georgia notary maintains a journal as a best practice. Which of the following pieces of information is a recommended, but not legally required for every entry, element to include for their own protection?
- The signer's signature.
- The date and time of the notarization.
- The type of notarial act performed (e.g., acknowledgment, jurat). (Correct answer)
- The county where the notarization took place.
Correct answer: The type of notarial act performed (e.g., acknowledgment, jurat).
While Georgia law mandates certain journal elements for 'self-filer' transactions, it is a widely accepted best practice to record the type of notarial act for every notarization. This detail provides crucial context and can protect the notary if the act is ever questioned. The other elements listed are either explicitly required for self-filer entries or are standard parts of the notarial certificate itself.
Question 3: A Georgia notary is performing a notarization for a 'self-filer' and is completing the required journal entry. If the notary identifies the signer based on personal knowledge, what information regarding identification should be noted in the journal?
- The entry should state 'Verified by government-issued ID'.
- The entry must include the signer's driver's license number anyway.
- The entry should explicitly state that identity was confirmed based on 'personal knowledge'. (Correct answer)
- The notary must still ask for an ID and record its details for the journal.
Correct answer: The entry should explicitly state that identity was confirmed based on 'personal knowledge'.
The Georgia law (O.C.G.A. § 45-17-8) specifies that for a required journal entry, the notary must record the type of government-issued photo ID unless the identity was confirmed based on personal knowledge. In that case, noting 'personal knowledge' is the correct procedure.
Question 4: Which of the following is the PRIMARY reason that notary experts and the state of Georgia strongly recommend maintaining a journal for all notarial acts, even when not legally mandated?
- To provide a detailed receipt for fees charged.
- To serve as a credible record and protective evidence in case of a dispute. (Correct answer)
- To create a mailing list for future business marketing.
- To fulfill a requirement for notary commission renewal.
Correct answer: To serve as a credible record and protective evidence in case of a dispute.
The main purpose of a notary journal is to create a reliable, chronological record of all notarial acts. This record serves as the notary's best evidence and protection if a notarization is ever questioned, challenged in court, or if the notary is accused of misconduct.
Question 5: A notary is asked to notarize a document for a self-filer and must make a journal entry. Which of the following details is a required component of that journal entry under Georgia law?
- The fee charged for the notarial act.
- The signer's telephone number. (Correct answer)
- The name of the document's recipient.
- The signer's occupation.
Correct answer: The signer's telephone number.
O.C.G.A. § 45-17-8(g)(2), effective January 1, 2025, explicitly lists the required elements for a journal entry for a self-filer. These include the self-filer's name, address, telephone number, date/time/location of the act, ID details (or personal knowledge), signature, and document type. The fee, recipient, and occupation are not required elements.
Question 6: If a Georgia notary chooses to maintain their legally required journal in an electronic format, what essential element must it still capture from the signer for each entry related to a self-filer?
- A scanned copy of the notarized document.
- The signer's email address.
- A video recording of the signing.
- The signer's signature. (Correct answer)
Correct answer: The signer's signature.
Whether the journal is written or electronic, the law effective January 1, 2025, requires that the entry for a self-filer include the self-filer's signature. This is a critical component for verifying the journal entry's authenticity.
GA Notary - Georgia Notary Journaling and Record Keeping Questions and Answers 1
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?