O.C.G.A.

O.C.G.A. § 45-17-12 (2019)

Authority of notaries who are stockholders, directors, officers, or employees of banks or other corporations to witness execution of written instruments

✓ 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.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

(a) As used in this Code section, the term: (1) ‘‘Bank’’ or ‘‘other corporation’’ means a bank or other corporation organized under the laws of this or any other state or the United States. (2) ‘‘Written instrument,’’ without limiting the generality of meaning of such words, means deeds, mortgages, bills of sale to secure debt, deeds to secure debt, deeds of trust, contracts, legal pleadings, affidavits, certificates, or any other like instruments. (b) It shall be lawful for any notary public who is a stockholder, director, officer, or employee of a bank or other corporation to take the acknowledgment of any party to any written instrument executed to or by such corporation. Any such notary public may act and sign as official witness to the execution by any party of any written instrument executed to or by such bank or other corporation. Any such notary

PUBLIC OFFICERS & EMPLOYEES

public may administer an oath to any other stockholder, director, officer, employee, or agent of such bank or other corporation or may protest for nonacceptance or nonpayment bills of exchange, drafts, checks, notes, and other negotiable instruments which may be owned or held for collection by such bank or other corporation, provided that it shall be unlawful for any notary public to act and sign as official witness to or take the acknowledgment of an instrument executed by or to a bank or other corporation of which he is a stockholder, director, officer, or employee where such notary would be witnessing or acknowledging his own signature as it appears on the instrument either in his capacity as an individual or in his representative capacity with the bank or other corporation or to protest any negotiable instrument owned or held for collection by such bank or other corporation where such notary is individually a party to such instrument.

History

(Ga. L. 1958, p. 313, §§ 1, 2; Ga. L. 1962, p. 104, § 1; Ga. L. 1984, p. 1105, § 1; Ga. L. 2002, p. 415, § 45.)

Annotations

RESEARCH REFERENCES ALR. - Validity and effect of agreement to give bank all, or part, of fees of notary for protesting paper, 25 ALR 170. Qualification of stockholder of a corpo-

ration or member of association to take acknowledgment of, or attest as notary an instrument to which corporation or association is a party, 51 ALR 1529.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2009–2022 · 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 4× “See OCGA § 45-17-12 (b) (authorizing “any notary public who is .”
Anthony v. Am. Gen. Fin. Servs., Inc., 583 F.3d 1302 (11th Cir. 2009). “See OCGA § 45-17-12 (2002) (authorizing notaries employed by certain kinds of corporations to notarize documents executed by such corporations).”
Edward E. Williams v. Dekalb Cnty. (Ga. Ct. App. 2022). · cites it 10× “However, OCGA § 45-17-12, identified by the heading “Authority of notaries who are stockholders, directors, officers, or employees of banks or other corporations to witness execution of written instruments[,]” contains a definition of “written instrument” to be narrowly limited…”
Anthony v. Am. Gen. Fin. Servs., Inc., 626 F.3d 1318 (11th Cir. 2009). “See OCGA § 45-17-12 (2002) (authorizing notaries employed by certain kinds of corporations to notarize documents executed by such corporations).”
— 45-17-12(b) — 1 case
Anthony v. Am. Gen. Fin. Servs., Inc., 697 S.E.2d 166 (Ga. 2010). “See OCGA § 45-17-12 (b) (authorizing “any notary public who is .”
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.