O.C.G.A.

O.C.G.A. § 24-14-41 (2019)

Proof of de facto officer

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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An officer de facto may be proved to be such by his or her acts, without the production of his or her commission or appointment.

History

Code 1981, § 24-14-41, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Annotations

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Civil Code 1910,

§ 5754; former Code 1933, § 38-207; and former O.C.G.A. § 24-4-41 are included in the annotations for this Code section.

De facto notary doctrine. - Pursuant to the de facto notary doctrine, an expert’s affidavit satisfied the requirements of O.C.G.A. § 9-11-9.1, despite the fact that the commission of the notary

who attested the affidavit had expired. Thomas v. Gastroenterology Assocs. of Gainesville, P.C., 280 Ga. 698, 632 S.E.2d 118, 2006 Ga. LEXIS 466 (2006) (decided under former O.C.G.A. § 24-4-41).