TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

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

ARTICLE 1 GENERAL PROVISIONS

45-17-2.1. Application to be a notary; endorsements and declarations.

1. 1. Any individual desiring to be a notary public shall submit application to the clerk of superior court of the county in which the individual resides or, when applying under the provisions of Code Section 45-17-7, to the clerk of superior court of the county in which the individual works or has a business. Except for applicants applying under the provisions of Code Section 45-17-7, the applicant shall submit proof to the clerk of superior court that he or she resides in the county in which the applicant is applying. Such proof shall consist of one of the following:
      1. A valid Georgia driver's license;
      2. A valid United States passport;
      3. A valid voter identification card; or
      4. Such other valid identification by a local or state government or by the United States government.
   2. The applicant shall sign and swear or affirm as outlined in paragraph (2) of subsection (b) of this Code section to the truthfulness of the application which shall state:
      1. That the applicant resides or works or has a business in the county of application and the address of the residence or business. The applicant shall use his or her residential address for purposes of the application and may only use a business address for the application if the applicant is applying pursuant to the provisions of Code Section 45-17-7;
      2. That the applicant is at least 18 years old;
      3. That the applicant can read and write the English language;
      4. That the applicant has an operating telephone number;
      5. All denials, revocations, suspensions, restrictions, or resignations of a notary commission held by the applicant; and
      6. All criminal convictions of the applicant, including any plea of nolo contendere, except minor traffic violations.
2. In addition to the application required in subsection (a) of this Code section, every applicant for initial appointment as a notary public shall also submit the following endorsement and declaration to the clerk of superior court of the county in which the individual makes application:

(1) Endorsements from two persons who are not relatives of the applicant, who are at least 18 years old, who reside in the county in which the individual makes application, and who have known the applicant for at least one month. The endorsement shall be in the following form:

I, (name of endorser) , being 18 years of age or older and a legal resident of (name of county) , believe the applicant for a notary public commission, (name of applicant) , who is not related to myself, to be a person of integrity, of good moral character, and capable of performing notarial acts. I have known the applicant for one month or more. __________________________________ _____________ (Signature of endorser) (Date) __________________________________ (Address of endorser) __________________________________ (Telephone number of endorser) (2) A declaration of applicant which shall have been signed in the presence of a commissioned notary public of this state. The declaration of applicant shall be in the following form: I, (name of applicant) , do solemnly swear or affirm under penalty of perjury that the personal information I have written in this application is true, complete, and correct. ________________________ (Signature of applicant) State of ____________ County of ________ On this ________ day of ____________, ____, before me appeared, ____, the person who signed the preceding declaration of applicant in my presence and who swore or affirmed that (he/she) understood the document and freely declared it to be truthful. ______________________________ (Official signature of the notary) (Official seal of the notary)

(Code 1981, §45-17-2.1, enacted by Ga. L. 1984, p. 1105, § 1; Ga. L. 1985, p. 1469, §§ 2, 3; Ga. L. 1986, p. 10, § 45; Ga. L. 1986, p. 1446, § 3; Ga. L. 1999, p. 81, § 45; Ga. L. 2002, p. 415, § 45; Ga. L. 2007, p. 221, § 2/HB 274.)