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2018 Georgia Code 45-17-2 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 45-17-2 Case Law from Google Scholar Amendments to OCGA 45-17-2

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

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

ARTICLE 1 GENERAL PROVISIONS

45-17-2. Qualifications of notaries.

  1. Any individual applying for appointment to be a notary public shall:
    1. Be at least 18 years old;
    2. Be a United States citizen or be a legal resident of the United States;
    3. Be a legal resident of the county from which such individual is appointed;
    4. Have, and provide at the time of the application, the applicant's operating telephone number; and
    5. Be able to read and write the English language.
  2. The qualification of paragraph (3) of subsection (a) of this Code section shall not apply to any nonresident individual applying for appointment as a notary public under the provisions of Code Section 45-17-7.

(Orig. Code 1863, § 1449; Code 1868, § 1506; Code 1873, § 1500; Code 1882, § 1500; Civil Code 1895, § 501; Civil Code 1910, § 619; Code 1933, § 71-102; Ga. L. 1947, p. 1108, § 1; Ga. L. 1949, p. 1940, § 2; Ga. L. 1953, Nov.-Dec. Sess., p. 330, § 1; Ga. L. 1984, p. 1105, § 1; Ga. L. 1985, p. 1469, § 1; Ga. L. 1986, p. 1446, § 2; Ga. L. 2007, p. 221, § 1/HB 274.)

OPINIONS OF THE ATTORNEY GENERAL

Duration of residency unspecified.

- This section states that a person must be a resident of Georgia, but does not specify any particular length of time for such residency; therefore, the question of residence is one which must be determined from the facts and circumstances in each particular case. 1958-59 Op. Att'y Gen. p. 60.

Notaries public for the state at large are no longer in existence, but under present law notaries public are commissioned by the clerk of the superior court in the county of their residence. 1952-53 Op. Att'y Gen. p. 387.

Cases Citing O.C.G.A. § 45-17-2

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Anthony v. Am. Gen. Fin. Servs., Inc., 697 S.E.2d 166 (Ga. 2010).

Cited 62 times | Published | Supreme Court of Georgia | Jun 28, 2010 | 287 Ga. 448, 2010 Fulton County D. Rep. 2051

...And it is also clear that a corporation cannot serve as a notary public. The statute requires an applicant for appointment as a notary public to be an "individual" more than 18 years old, "a United States citizen or ... a legal resident of the United States," and "able to read and write the English language," OCGA § 45-17-2(a)(1), (2) and (5), making it apparent that a notary must be a human being, not a corporate entity....
...r is clearly no. (a) We are interpreting a penal statute, as any notary who executes a certificate containing a statement known by the notary to be false, or performs an act with the intent to deceive or defraud, is guilty of a misdemeanor. See OCGA § 45-17-20(a)....
...11 pursuant to a private civil cause of action, I must respectfully dissent to Divisions 1 and 2. The nature of a notarial act [6] is such that it must be performed by an individual, and Chapter 17 of Title 45 is written accordingly. See, e.g., OCGA § 45-17-2 (qualifications of notaries)....
...Nevertheless, based on the dissent's unusual vicarious/direct liability analysis, the dissent appears to agree with our conclusion that a corporation may be liable if it participates in or procures a notary's violations. [5] Subsection (b) of OCGA § 45-17-20 currently states that a first or second conviction for performing a notarial service in violation of the notary statute is a misdemeanor and any subsequent conviction is a felony, but that provision was added after the transaction at issue in this case....
...tation, 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." OCGA § 45-17-1(2). [7] Under the current version of OCGA § 45-17-20(a), a first or second conviction for performing a notarial service in violation of the statute is a misdemeanor and any subsequent conviction is a felony....