Further authentication not required.

- The seal of the notary public being evidence of the genuineness of the notary's signature and of the notary's official character, no further authentication is required. Brooks v. State, 63 Ga. App. 575, 11 S.E.2d 688 (1940).

Seal not necessary on probate of deed.

- It is not necessary that a notary public shall affix a seal to the probate of a deed by a subscribing witness. Nichols v. Hampton, 46 Ga. 253 (1872).

Seal not necessary on bill in equity.

- In attesting an affidavit to a bill in equity, a notary public need not affix seal. It was not such a notarial act, under O.C.G.A. § 45-17-6 as requires a seal for its authentication. Chappell v. Boud, 56 Ga. 578 (1876).

Seal not necessary on affidavit for bail in trover.

- The notary need not attest an affidavit for bail in trover under a notarial seal or any other seal. Only notarial acts require a seal. Jowers v. Blandy, 58 Ga. 379 (1877).

Absence of seal on security deed.

- Notary was required to place the notary seal on any notarial act, including attestation of the Bank Security Deed, and failure to do so rendered the Bank Security Deed ineligible for recordation because an officer as provided in O.C.G.A. § 44-2-15 did not attest to execution of the deed in accordance with O.C.G.A. § 44-14-61. To rule otherwise would make the requirements imposed on notary publics under O.C.G.A. § 45-17-6(a)(1) inapplicable to the common notarial act of attesting to a security deed. Kelley v. Thomasville Nat'l Bank (In re Taylor), Bankr. (Bankr. M.D. Ga. Dec. 7, 2016).

Absence of seal from original affidavit could be cured by filing a supplemental affidavit. To constitute a complete affidavit, three essential features are requisite: first, written oath embodying facts sworn to by affiant; second, signature of affiant thereto; and third, jurat or attestation, by officer authorized to administer oath, that affidavit was actually sworn to and subscribed before that officer by the affiant. Glenn v. Metropolitan Atlanta Rapid Transit Auth., 158 Ga. App. 98, 279 S.E.2d 481 (1981).

Document lacking seal deemed not notarized.

- Mortgagor's purported affidavit of indigency was found to be invalid as the affidavit was not properly notarized as required by O.C.G.A. § 45-17-6 since the purported signature of the notary lacked a date to indicate that the notary was present at the same time that the affiant signed the document, and it also lacked a notary's seal, either stamped or embossed, which was required to make the attestation valid. Hurt v. Norwest Mortg., Inc., 260 Ga. App. 651, 580 S.E.2d 580 (2003).

Jury verdict imposing liability on guarantors for a debt of a corporation was reversed since there was no evidence that the guarantors wrote their names on or otherwise signed the guaranty, because a witness's opinion that the guaranty "appeared" to be executed by the guarantors lacked any basis whatsoever, other than the fact that their names appeared on the signature lines, and since the notary attestation was invalid, if for no other reason, because the guaranty did not contain a notary seal. Friedrich v. APAC-Georgia, Inc., 265 Ga. App. 769, 595 S.E.2d 620 (2004).

Effect of absence of seal on bankruptcy trustee's strong arm powers.

- Chapter 7 trustee put the material fact of the form of a security deed at the time of recordation in dispute, thus precluding summary judgment in favor of the lender on the trustee's complaint to avoid the lender's security deed under the trustee's strong arm powers, by submitting a certified copy of the deed on file with a state court that did not include a notary stamp or seal as required under Georgia law when the official witness was a notary. Rainwater v. Chase Home Finance, LLC (In re Rainwater), Bankr. (Bankr. N.D. Ga. Sept. 18, 2013).

Notary stamp on power of attorney sufficient to modify trust.

- Because a trust provided that the settlor "may at any time by duly executed written instrument alter or amend" the trust, the settlor had reserved the right to alter or amend the trust, O.C.G.A. § 53-12-40(a), and the settlor's execution of a power of attorney clearly expressed the settlor's intent to name the settlor's son as the executor of the settlor's estate and the trust and was properly notarized under O.C.G.A. § 45-17-6(a)(1). Strange v. Towns, 330 Ga. App. 876, 769 S.E.2d 604 (2015).

Other exceptions.

- Unsworn declaration satisfied the requirements of 28 U.S.C. § 1746 because it was in writing and subscribed by the declarant as true under penalty of perjury; therefore, it was allowed to be used as evidence in opposition to a motion for summary judgment, despite the general rule set forth in O.C.G.A. § 45-17-6, requiring affidavits to contain a proper notarial seal. Shouse v. Ursitti, F. Supp. 2d (M.D. Ga. May 23, 2006).

Cited in Fabe v. Floyd, 199 Ga. App. 322, 405 S.E.2d 265 (1991).

Use of title.

- A notary public does not use a notary seal in the attestation of specified papers not requiring such use; a notary's title should be written under the notary's name, but when the seal is used it probably is not necessary for the notary to show such title. 1952-53 Op. Att'y Gen. p. 387.

Election by notary of words used in seal.

- The language of this section is clear and unambiguous; it is expressed in the disjunctive, and makes no distinction as to which notaries may use the words "State at Large," and which may use the words designating their county; the plain words of the statute give the election to any notary. In so doing, it is quite possible that the General Assembly intended that a notary whose activities, because of the notary's particular situation, would be confined to one county, would desire to identify with that particular county, whereas a notary whose situation would require travel over the state would desire to use the words "State at Large." 1957 Op. Att'y Gen. p. 192.

ALR.

- What amounts to notary's seal, 7 A.L.R. 1663.