GA Notary Prohibited and Unlawful Acts 2 — Questions and Answers
Question 1: A client asks their Georgia notary to explain which type of property deed would best protect their interests. The notary should:
- Explain the differences briefly as a courtesy
- Refuse, as advising on legal matters constitutes unauthorized practice of law (Correct answer)
- Recommend the most common deed type used in Georgia
- Refer the client to a real estate manual and then advise them
Correct answer: Refuse, as advising on legal matters constitutes unauthorized practice of law
Advising clients on legal documents or legal strategy is the unauthorized practice of law, which is prohibited for non-attorney notaries in Georgia.
Question 2: A Georgia notary notices that a signer appears frightened and is hesitating before signing. What is the proper action?
- Proceed quickly to minimize the signer's discomfort
- Ask the other parties to step out and privately confirm the signer is acting voluntarily (Correct answer)
- Administer the oath and continue since the signer is physically present
- Call the county clerk for guidance before proceeding
Correct answer: Ask the other parties to step out and privately confirm the signer is acting voluntarily
If a notary suspects duress or coercion, they must stop and ensure the signer is acting of their own free will before proceeding.
Question 3: A Georgia notary uses a fellow notary's official seal on a document with that notary's verbal permission. This act is:
- Permissible since verbal consent was given
- Permissible only in genuine emergency situations
- Unlawful and may constitute forgery (Correct answer)
- Acceptable if the other notary co-signs the notarial certificate
Correct answer: Unlawful and may constitute forgery
A notary seal is personal and legally tied to the individual commission holder; using another notary's seal is unlawful regardless of any consent given.
Question 4: A Georgia notary is asked to notarize a document that has several blank spaces not yet filled in. The notary should:
- Proceed if the signer is a trusted regular client
- Refuse to notarize until all blank spaces are completed (Correct answer)
- Notarize only the signature portion and ignore the blanks
- Require a separate written agreement about the blank spaces first
Correct answer: Refuse to notarize until all blank spaces are completed
Notarizing a document with blank spaces is prohibited because the notary cannot certify the completeness or accuracy of an incomplete document.
Question 5: A Georgia notary enters a date on the notarial certificate that is one week earlier than the actual notarization date to meet the client's deadline. This act is:
- A minor technical error correctable with an addendum
- Unlawful backdating that may constitute fraud or forgery (Correct answer)
- Acceptable if both parties agree to the earlier date in writing
- Permitted if the document was prepared within that earlier date's window
Correct answer: Unlawful backdating that may constitute fraud or forgery
Backdating a notarial certificate falsifies an official record and may constitute forgery under Georgia law.
Question 6: A Georgia notary who willfully makes a false certification on a public document may face which of the following consequences?
- A $50 administrative fine and a written warning only
- Commission revocation and potential felony forgery charges (Correct answer)
- A mandatory 30-day suspension with no criminal liability
- A corrective training requirement for a first offense
Correct answer: Commission revocation and potential felony forgery charges
Willfully making a false certification can result in commission revocation and criminal prosecution for forgery, which carries felony penalties in Georgia.
Question 7: A notary discovers one week after performing a notarization that their commission had expired the day before the act. What is the most accurate legal assessment?
- The notarization is valid since the commission lapsed by only one day
- The notarization is unlawful and may be invalid; the notary could face penalties (Correct answer)
- The notarization is automatically cured upon commission renewal
- The document only needs to be re-stamped once the commission is renewed
Correct answer: The notarization is unlawful and may be invalid; the notary could face penalties
Notarizing with an expired commission is an unauthorized act; the notarization is invalid and the notary may face disciplinary or legal consequences.
GA Notary Prohibited and Unlawful Acts 2
A client asks their Georgia notary to explain which type of property deed would best protect their interests.
The notary should: