What is a Notary Public?
"A Notary Public is a public officer appointed and commissioned
by the Governor whose function is to administer oaths (or affirmations; to take acknowledgments; to attest to the
trueness of photocopies of certain documents;
and to perform other duties specified
by Georgia law."
Georgia Notaries are commissioned and authorized to perform six (6) basic duties
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Witness or attest signature or execution of deeds and other written instruments;
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Take acknowledgments;
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Administer oaths and affirmations in all matters incidental to their duties as commercial officers and all other oaths and affirmations which are not by law required to be administered by a particular officer;
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Witness affidavits upon oath or affirmation;
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Take verifications upon oath or affirmation;
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Make certified copies, provided that the document presented for copying is an original document and is neither a public record nor a publicly recorded document, certified copies of which are available from an official source other than a notary; and provided that the document was photocopied under supervision of the notary; and
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Perform such other acts as notaries are authorized to perform by the laws of the State of Georgia.
What a Georgia Notary CANNOT do along with a list of prohibited acts
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Provide legal advise or legal interpretation of documents (this is considered practice of law)
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A notary shall be disqualified from performing a notarial act in the following situations which impugn and compromise the impartiality of the notary:
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When the notary is a signer of the document which is to be notarized; or
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When the notary is a party to the document or transaction for which the notarial act is required.
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A notary 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.
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A notary shall not perform a notarial act without confirming the identity of the document signer, oath taker or affirmant based on personal knowledge or on satisfactory evidence.
Food for thought...
While the most recognized duty of a notary is the one where signers' identity are verified, notaries must also verify the willingness of the signers (making sure they are signing without duress or intimidation) and their awareness of the contents of the document or transaction they are about to attest (making sure they are competent).
Notaries must be impartial and must not act where there is personal interest.
Lastly, a United States Notary Public is NOT an attorney, judge or high-ranking official.