TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

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

ARTICLE 1 GENERAL PROVISIONS

45-17-12. Authority of notaries who are stockholders, directors, officers, or employees of banks or other corporations to witness execution of written instruments.

1. 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.
2. 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 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.

(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.)