O.C.G.A.
O.C.G.A.

O.C.G.A. § 45-17-8.1 (2019)

Signature and date of notarial act

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
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.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

(a) Except as otherwise provided in this Code section, in documenting a notarial act, a notary public shall sign on the notarial certification, by hand in ink, only and exactly the name indicated on the notary’s commission and shall record on the notarial certification the exact date of the notarial act. (b) The requirement of subsection (a) of this Code section for recording of the date of the notarial act shall not apply to an attestation of deeds or any other instruments pertaining to real property. (c) No document executed prior to July 1, 1986, which would otherwise be eligible for recording in the real property records maintained by any clerk of superior court or constitute record notice or actual notice of any matter to any person shall be ineligible for recording or fail to constitute such notice because of noncompliance with the present or any prior requirements of this Code section.

History

(Code 1981, § 45-17-8.1, enacted by Ga. L. 1984, p. 1105, § 1; Ga. L. 1985, p. 1469, § 6; Ga. L. 1986, p. 1446, § 7.)

Annotations

Editor’s notes. - Ga. L. 1986, p. 1446, § 10, not codified by the General Assembly, provided: ‘‘This Act shall become effec-

tive upon its approval by the Governor [approved April 11, 1986] or upon its becoming law without such approval. It is

PUBLIC OFFICERS & EMPLOYEES

expressly declared that the curative provisions of paragraph (2) of subsection (a) of Code Section 45-17-6 and of subsection (c) of Code Section 45-17-8.1, as enacted by this Act, are intended to have retroactive application except to the extent that

such retroactive application would unconstitutionally impair any vested right.’’ Law reviews. - For annual survey of law of real property, see 38 Mercer L. Rev. 319 (1986).

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1995–2025 · leading case: Trauner v. First Tennessee Bank Nat'l Ass'n (In re Simpson), 544 B.R. 913 (Bankr. N.D. Ga. 2016).
Sort: Relevance Newest Treatment
Trauner v. First Tennessee Bank Nat'l Ass'n (In re Simpson), 544 B.R. 913 (Bankr. N.D. Ga. 2016). · cites it 8× “” O.C.G.A. § 45-17-8.1(a). If however the notarial act is an attestation of deeds or other instruments pertaining to real property, the requirement that the notary record the exact date shall not apply.”
Kelley v. Wells Fargo Bank, N.A. (In re Perry), 565 B.R. 442 (Bankr. M.D. Ga. 2017). · cites it 4× “The signature and seal of a notary public acting as the official witness appeared below the acknowledgment clause.”
Bargar, Chapter 7 Tr. for the Est. of David v. Rocket Mortg., LLC f/k/a Quicken Loans, LLC (Bankr. N.D. Ga. 2025). · cites it 7× “” This may be true, but the title of § 45-17-8.1 is “Signature and date” which indicates that the requirement to “sign … the name” is a signature requirement.”
INI, Inc. v. Comm'r, 69 T.C.M. 2113 (1995). “1 (Michie 1990) (emphasis added). Without proof to the contrary, we are not prepared to speculate that Ms.”
— 45-17-8.1(a) — 3 cases
Trauner v. First Tennessee Bank Nat'l Ass'n (In re Simpson), 544 B.R. 913 (Bankr. N.D. Ga. 2016). “” O.C.G.A. § 45-17-8.1(a). If however the notarial act is an attestation of deeds or other instruments pertaining to real property, the requirement that the notary record the exact date shall not apply.”
Kelley v. Wells Fargo Bank, N.A. (In re Perry), 565 B.R. 442 (Bankr. M.D. Ga. 2017). “The signature and seal of a notary public acting as the official witness appeared below the acknowledgment clause.”
Bargar, Chapter 7 Tr. for the Est. of David v. Rocket Mortg., LLC f/k/a Quicken Loans, LLC (Bankr. N.D. Ga. 2025). “” This may be true, but the title of § 45-17-8.1 is “Signature and date” which indicates that the requirement to “sign … the name” is a signature requirement.”
— 45-17-8.1(b) — 1 case
Trauner v. First Tennessee Bank Nat'l Ass'n (In re Simpson), 544 B.R. 913 (Bankr. N.D. Ga. 2016). “” O.C.G.A. § 45-17-8.1(a). If however the notarial act is an attestation of deeds or other instruments pertaining to real property, the requirement that the notary record the exact date shall not apply.”
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.