GA Notary Prohibited and Unlawful Acts 3 — Questions and Answers
Question 1: A Georgia notary is a named party in a real estate transaction and is asked to notarize the deed. The notary should:
- Proceed only if both parties provide written consent
- Refuse, because a notary cannot notarize a document in which they are a party (Correct answer)
- Proceed if they are the buyer rather than the seller
- Proceed as long as a licensed attorney reviews the document simultaneously
Correct answer: Refuse, because a notary cannot notarize a document in which they are a party
A notary is disqualified from notarizing any document in which they are a named party or have a direct financial interest in the transaction.
Question 2: Under Georgia law, charging a client $10 per notarial act when the statutory maximum is $2 is:
- Permissible if disclosed to the client in advance
- Unlawful, as the fee exceeds the maximum set by Georgia statute (Correct answer)
- Acceptable for notarizations involving complex legal documents
- Lawful only if the client signs a written fee agreement
Correct answer: Unlawful, as the fee exceeds the maximum set by Georgia statute
Georgia law (O.C.G.A. § 45-17-11) caps notary fees at $2 per notarial act; charging more than the statutory limit is unlawful.
Question 3: A bilingual Georgia notary advertises as a 'Notario Publico' to attract Spanish-speaking clients. This practice is:
- Permissible since it is simply a Spanish translation of 'notary public'
- Unlawful because the title implies legal authority that U.S. notaries do not possess (Correct answer)
- Permitted if a disclaimer is included in the advertisement
- Acceptable only if the English title is displayed alongside the Spanish title
Correct answer: Unlawful because the title implies legal authority that U.S. notaries do not possess
Using the title 'Notario Publico' is prohibited in Georgia because it misleads Spanish-speaking clients into believing the notary has the expansive legal authority of a civil-law notary.
Question 4: A signer who cannot write asks a Georgia notary to sign the document on their behalf. The correct response is to:
- Sign on the signer's behalf and then notarize the signature
- Decline to sign; allow the signer to make a mark instead, then notarize the mark (Correct answer)
- Have a family member sign as the signer's authorized representative
- Decline to notarize entirely since a handwritten signature cannot be obtained
Correct answer: Decline to sign; allow the signer to make a mark instead, then notarize the mark
A notary may not sign a document on a signer's behalf; a signer who cannot write may instead make a mark, which the notary can lawfully notarize.
Question 5: A Georgia notary whose commission has been revoked continues to perform notarizations, claiming the revocation paperwork was never formally served on them. This defense is:
- Valid as a procedural shield until formal service is completed
- Invalid; performing notarizations after revocation is unlawful regardless of formal service (Correct answer)
- Accepted for up to 30 days after revocation pending the notary's appeal
- Acceptable if the notary had no prior disciplinary complaints on record
Correct answer: Invalid; performing notarizations after revocation is unlawful regardless of formal service
Commission revocation immediately terminates all notarial authority; continuing to notarize after revocation is unlawful regardless of whether the notary was formally served.
Question 6: A Georgia notary will receive a referral fee from a title company for every real estate closing they notarize for that company. Notarizing those closings is:
- Lawful since a referral fee is not the same as a direct financial interest
- Prohibited, as the referral fee creates a direct financial interest in those transactions (Correct answer)
- Permitted only if the referral arrangement is disclosed to all parties
- Lawful because the fee is paid by the title company, not the closing parties
Correct answer: Prohibited, as the referral fee creates a direct financial interest in those transactions
A referral fee tied to each notarized closing gives the notary a direct financial interest in those transactions, which disqualifies them from serving as notary.
Question 7: A Georgia notary who is also a licensed real estate agent earns a sales commission on a property and then notarizes the buyer's closing documents for that same sale. This is:
- Always lawful when the notary holds a valid real estate license
- Prohibited because earning a sales commission creates a direct financial interest in the transaction (Correct answer)
- Permitted if the real estate broker approves the dual role in writing
- Acceptable since the commission is paid by the seller, not the buyer
Correct answer: Prohibited because earning a sales commission creates a direct financial interest in the transaction
Earning a sales commission from the same transaction in which the notary is performing the notarization creates a direct financial interest that disqualifies the notary.
GA Notary Prohibited and Unlawful Acts 3
A Georgia notary is a named party in a real estate transaction and is asked to notarize the deed.
The notary should: