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2018 Georgia Code 45-17-20 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 45-17-20 Case Law from Google Scholar Amendments to OCGA 45-17-20

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 17. Notaries Public, 45-17-1 through 45-17-34.

ARTICLE 1 GENERAL PROVISIONS

45-17-20. Penalty; prosecution of violations of article.

  1. Any person who violates subsection (d) of Code Section 45-17-8 shall be guilty of a misdemeanor.
  2. Any person who performs any notarial service without complying with the provisions of this article shall, upon the first or second conviction, be guilty of a misdemeanor and upon a third or subsequent conviction be guilty of a felony, punishable by imprisonment of not less than one year nor more than five years, a fine of up to $5,000.00, or both.

(Code 1981, §45-17-20, enacted by Ga. L. 1984, p. 1105, § 1; Ga. L. 1985, p. 149, § 45; Ga. L. 2007, p. 221, § 4/HB 274.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2007, "of" was substituted for "or" following "guilty" in subsection (b).

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required for violators.

- Offenses arising under O.C.G.A. § 45-17-20 are designated as offenses for which those charged are to be fingerprinted. 2008 Op. Att'y Gen. No. 2008-1.

Cases Citing O.C.G.A. § 45-17-20

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Anthony v. Am. Gen. Fin. Servs., Inc., 697 S.E.2d 166 (Ga. 2010).

Cited 62 times | Published | Supreme Court of Georgia | Jun 28, 2010 | 287 Ga. 448, 2010 Fulton County D. Rep. 2051

...r is clearly no. (a) We are interpreting a penal statute, as any notary who executes a certificate containing a statement known by the notary to be false, or performs an act with the intent to deceive or defraud, is guilty of a misdemeanor. See OCGA § 45-17-20(a)....
...Nevertheless, based on the dissent's unusual vicarious/direct liability analysis, the dissent appears to agree with our conclusion that a corporation may be liable if it participates in or procures a notary's violations. [5] Subsection (b) of OCGA § 45-17-20 currently states that a first or second conviction for performing a notarial service in violation of the notary statute is a misdemeanor and any subsequent conviction is a felony, but that provision was added after the transaction at issue in this case....
...tation, attestation, the taking of an acknowledgment, the administration of an oath or affirmation, the taking of a verification upon an oath or affirmation, and the certification of a copy." OCGA § 45-17-1(2). [7] Under the current version of OCGA § 45-17-20(a), a first or second conviction for performing a notarial service in violation of the statute is a misdemeanor and any subsequent conviction is a felony....