What's Important to Know
FAQ
1. Can you notarize a document if the person is not present in Georgia?
- False - A notary is prohibited from notarizing when the signer is not physically present before the notary, (face-to-face in the same room) at the same time, even if the notary personally knows the signer and recognizes his/her signature.
2. Do both parties need to be present for notary in Georgia?
- Everyone that will be signing the document(s) needs to be present in front of the notary in order to have the document(s) notarized. The job of the notary public is to verify that the people signing the document(s) are who they say they are.
3. Can a notary legally notarize out-of-state documents?
- Yes, a notary public can legally notarize documents from any state as long as the notarial act occurs in the state in which they were commissioned.
4. Can a notary accept an expired ID in Georgia?
- No. A notary may not use an expired driver's license to establish the identity of a signer to provide notary services. The state-issued driver's license must be current and contain a photograph and signature of the signer.
5. What type or form of ID card is acceptable from all signers?
- Some examples of proper ID are: a valid state driver's license and official non-driver's IDs, a valid passport, any government-issued picture ID with a physical description, a credible witness.
6. Can a notary refuse to notarize?
- A notary reserves the right to decline performing a notarization. As a notary, one must be satisfied and comfortable with the conditions under which one has been asked to perform the notarization. If, for any reason, the notary suspects the situation presented is not as it appears, the notary has the right to decline the request.
- If the signer does not understand the notary's language, the notary may decline to notarize the document because the signer cannot acknowledge executing the document.
- If it appears that the situation requires greater expertise than is required of a notary, it may be suggested the signer consult an attorney for legal advice. Click here for more information.
7. Can a signed document be notarized?
- As long as the signer is personally present before the notary and acknowledges the signature, then the notary can proceed with performing the notarial act..
However, this does not apply to all documents such as an oath or affirmation.
- An oath or affirmation requires signer to appear before the notary, swear or affirm to the truthfulness of the statements made in the document, and sign the document in the presence of the notary.