O.C.G.A.
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.
(a) Any person who violates subsection (d) of Code Section 45-17-8 shall be guilty of a misdemeanor.
(b) Any person who performs any notarial service without complying with the provisions of this article shall, upon the first or second conviction, be guilty of a misdemeanor and upon a third or subsequent conviction be guilty of a felony, punishable by imprisonment of not less than one year nor more than five years, a fine of up to $5,000.00, or both.
History
(Code 1981, § 45-17-20, enacted by Ga. L. 1984, p. 1105, § 1; Ga. L. 1985, p. 149, § 45; Ga. L. 2007, p. 221, § 4/HB 274.)
Annotations
Code Commission notes. - Pursuant to Code Section 28-9-5, in 2007, ‘‘of ’’ was
substituted for ‘‘or’’ following ‘‘guilty’’ in subsection (b).
OPINIONS OF THE ATTORNEY GENERAL Fingerprinting required for violators. - Offenses arising under O.C.G.A. § 45-17-20 are designated as offenses for
which those charged are to be fingerprinted. 2008 Op. Att’y Gen. No. 2008-1.
ARTICLE 2 OFFICERS OF ARMED FORCES AS EX OFFICIO NOTARIES OPINIONS OF THE ATTORNEY GENERAL The purpose in enacting Ga. L. 1943, p. 421, § 1 (see now O.C.G.A. Art. 2, T. 45, C. 17) was to facilitate the presence of a notary for those military
personnel on active duty during wartime; all others still had access to nonmilitary notaries. 1969 Op. Att’y Gen. No. 69-516.
Notes of Decisions
Anthony v. Am. Gen. Fin. Servs., Inc., 697 S.E.2d 166 (Ga. 2010).
· cites it 12× “[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…”
Branch Banking & Trust Co. v. Morrisroe, 746 S.E.2d 859 (Ga. Ct. App. 2013).
· cites it 2× “OCGA § 45-17-8 (d) pertinently provides: “A notary public shall not execute a notarial certificate containing a statement known by the notary to be false nor perform any action with an intent to deceive or defraud.”
Branch Banking & Trust Co. v. Neil S. Morrisroe (Ga. Ct. App. 2013).
· cites it 2× “OCGA § 45-17-8 (d) pertinently provides that “[a] notary public shall not execute a notarial certificate containing a statement known by the notary to be false nor perform any action with an intent to deceive or defraud.”
— 45-17-20(a) — 1 case
Anthony v. Am. Gen. Fin. Servs., Inc., 697 S.E.2d 166 (Ga. 2010).
“[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…”
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.