Prohibited and Unlawful Acts Flashcards

A Georgia notary who is not an attorney advertises their services in a local Spanish-language newspaper. Which of the following is an unlawful act regarding this advertisement?

Answer: Advertising in a language other than English without including a specific legal disclaimer.

According to O.C.G.A. § 45-17-8.2, a non-attorney notary who advertises in any language must include the following notice in English and the language of the advertisement: "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF GEORGIA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." Failing to include this specific disclaimer is a prohibited act.

A notary is employed by a real estate firm and is asked to notarize the signatures of the firm's CEO on a deed for a property the firm is selling. The notary's compensation is a fixed salary and does not depend on this transaction. Under Georgia law, is this a prohibited act?

Answer: No, because the notary is not a party to the transaction and has no direct financial interest beyond their regular salary.

Georgia law O.C.G.A. §45-17-12 (b) specifically permits a notary who is an employee of a corporation to take the acknowledgment of any party to a written instrument executed to or by that corporation, provided the notary is not a party to the document themselves and is not witnessing their own signature. Since the notary is just a salaried employee and not a named party with a direct beneficial interest, this act is not prohibited.

Which of the following actions constitutes the unauthorized practice of law by a Georgia notary public who is not an attorney?

Answer: Advising a signer on which type of notarial certificate (e.g., acknowledgment or jurat) is required for their document.

A notary who is not an attorney is strictly prohibited from giving legal advice. Choosing the correct notarial certificate has legal implications, and therefore, advising the signer on which one to use constitutes the unauthorized practice of law. The signer must make that determination, or seek advice from an attorney.

A client asks a Georgia notary to perform five notarial acts (five separate signatures on a document). The notary charges a total of $20.00 for the service, stating it's a '$10.00 service fee' plus the '$2.00 per act' statutory fee. This action is:

Answer: Unlawful, because a notary cannot charge more than the maximum fee of $2.00 per notarial act.

Georgia law (O.C.G.A. § 45-17-11) is very clear that the maximum fee a notary may charge is $2.00 per notarial act. Charging any additional mandatory 'service fee' on top of the statutory maximum for the notarial acts themselves is prohibited. While separate fees for travel are permissible if agreed upon, a 'service fee' for simply performing the notarization in-office is considered overcharging.

Under what circumstances is a Georgia notary public expressly disqualified from performing a notarial act due to a conflict of interest?

Answer: When the notary is a party to the document or transaction.

O.C.G.A. § 45-17-8(c) explicitly states that a notary is disqualified from performing a notarial act when the notary is a signer of the document or a party to the document or transaction for which the act is required. This is a direct and unavoidable conflict of interest.

A Georgia notary knowingly executes a notarial certificate stating a signer personally appeared, when in fact the signature was acknowledged over a video call. This is the notary's first such offense. According to Georgia law, this unlawful act is classified as what type of offense?

Answer: A misdemeanor.

According to O.C.G.A. § 45-17-20, any person who violates subsection (d) of Code Section 45-17-8 (which prohibits executing a false certificate) shall be guilty of a misdemeanor. Subsequent convictions can lead to felony charges.