O.C.G.A.

O.C.G.A. § 45-17-1 (2019)

Definitions

✓ 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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As used in this article, the term: (1) ‘‘Attesting’’ and ‘‘attestation’’ are synonymous and mean the notarial act of witnessing or attesting a signature or execution of a deed or other written instrument, where such notarial act does not involve the taking of an acknowledgment, the administering of an oath or affirmation, the taking of a verification, or the certification of a copy. (2) ‘‘Notarial act’’ means any act that a notary public is authorized by law to perform and includes, without limitation, 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. (3) ‘‘Notarial certificate’’ means the notary’s documentation of a notarial act.

History

(Code 1981, § 45-17-1, enacted by Ga. L. 1986, p. 1446, § 1; Ga. L. 1990, p. 8, § 45.)

Annotations

Editor’s notes. - Ga. L. 1986, p. 1446, § 1, effective April 11, 1986, in effect redesignated former § 45-17-1 as § 45-17-1.1.

Law reviews. - For annual survey of law of real property, see 38 Mercer L. Rev. 319 (1986).

JUDICIAL DECISIONS Cited in Lewy v. Beazley, 270 Ga. 11, 507 S.E.2d 721 (1998). RESEARCH REFERENCES Am. Jur. Pleading and Practice Forms. - 18B Am. Jur. Pleading and Practice Forms, Notaries Public, § 1.

Notes of Decisions
Cited in 5 cases, 1998–2016 · leading case: Anthony v. Am. Gen. Fin. Servs., Inc., 697 S.E.2d 166 (Ga. 2010).
Anthony v. Am. Gen. Fin. Servs., Inc., 697 S.E.2d 166 (Ga. 2010). · cites it 8× “See OCGA § 45-17-1 (2) (“ ‘Notarial act’ means any act that a notary public is authorized by law to perform and includes, without limitation, attestation, the taking of an acknowledgment, the administration of an oath or affirmation, the taking of a verification upon an oath or…”
Green Party v. Kemp, 171 F. Supp. 3d 1340 (N.D. Ga. 2016). · cites it 2× “O.C.G.A. §§ 45-17-1(2), 45-17-8(c). The Georgia Supreme Court has held that a person who circulates pages of a petition is a party to the petition as a whole.”
Trauner v. First Tennessee Bank Nat'l Ass'n (In re Simpson), 544 B.R. 913 (Bankr. N.D. Ga. 2016). · cites it 2× “” O.C.G.A. § 45-17-1(1). Georgia law does not require specific words or phrases for attestations or acknowledgments.”
Lewy v. Beazley, 507 S.E.2d 721 (Ga. 1998). · cites it 2× “See OCGA § 45-17-1 (2). Poppell, supra. OCGA § 21-2-50 (10).”
Green Party v. Kemp, 106 F. Supp. 3d 1314 (N.D. Ga. 2015). · cites it 2× “O.C.G.A. §§ 45-17-1(2), 45-17-8(c). The Georgia Supreme Court has held that a person that circulates any part of a petition is a party to the petition as a whole — therefore the circulator may not act as a notary with respect to any pages of the petition, even those pages which…”
— 45-17-1(1) — 1 case
Trauner v. First Tennessee Bank Nat'l Ass'n (In re Simpson), 544 B.R. 913 (Bankr. N.D. Ga. 2016). “” O.C.G.A. § 45-17-1(1). Georgia law does not require specific words or phrases for attestations or acknowledgments.”
— 45-17-1(2) — 3 cases
Anthony v. Am. Gen. Fin. Servs., Inc., 697 S.E.2d 166 (Ga. 2010). “See OCGA § 45-17-1 (2) (“ ‘Notarial act’ means any act that a notary public is authorized by law to perform and includes, without limitation, attestation, the taking of an acknowledgment, the administration of an oath or affirmation, the taking of a verification upon an oath or…”
Green Party v. Kemp, 171 F. Supp. 3d 1340 (N.D. Ga. 2016). “O.C.G.A. §§ 45-17-1(2), 45-17-8(c). The Georgia Supreme Court has held that a person who circulates pages of a petition is a party to the petition as a whole.”
Green Party v. Kemp, 106 F. Supp. 3d 1314 (N.D. Ga. 2015). “O.C.G.A. §§ 45-17-1(2), 45-17-8(c). The Georgia Supreme Court has held that a person that circulates any part of a petition is a party to the petition as a whole — therefore the circulator may not act as a notary with respect to any pages of the petition, even those pages which…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.