Prohibited and Unlawful Acts Flashcards

A Georgia notary is a named party in a real estate transaction and is asked to notarize the deed. The notary should:

Answer: Refuse, because a notary cannot notarize a document in which they are a party

A notary is disqualified from notarizing any document in which they are a named party or have a direct financial interest in the transaction.

Under Georgia law, charging a client $10 per notarial act when the statutory maximum is $2 is:

Answer: Unlawful, as the fee exceeds the maximum set by Georgia statute

Georgia law (O.C.G.A. § 45-17-11) caps notary fees at $2 per notarial act; charging more than the statutory limit is unlawful.

A bilingual Georgia notary advertises as a 'Notario Publico' to attract Spanish-speaking clients. This practice is:

Answer: Unlawful because the title implies legal authority that U.S. notaries do not possess

Using the title 'Notario Publico' is prohibited in Georgia because it misleads Spanish-speaking clients into believing the notary has the expansive legal authority of a civil-law notary.

A signer who cannot write asks a Georgia notary to sign the document on their behalf. The correct response is to:

Answer: Decline to sign; allow the signer to make a mark instead, then notarize the mark

A notary may not sign a document on a signer's behalf; a signer who cannot write may instead make a mark, which the notary can lawfully notarize.

A Georgia notary whose commission has been revoked continues to perform notarizations, claiming the revocation paperwork was never formally served on them. This defense is:

Answer: Invalid; performing notarizations after revocation is unlawful regardless of formal service

Commission revocation immediately terminates all notarial authority; continuing to notarize after revocation is unlawful regardless of whether the notary was formally served.

A Georgia notary will receive a referral fee from a title company for every real estate closing they notarize for that company. Notarizing those closings is:

Answer: Prohibited, as the referral fee creates a direct financial interest in those transactions

A referral fee tied to each notarized closing gives the notary a direct financial interest in those transactions, which disqualifies them from serving as notary.

A Georgia notary who is also a licensed real estate agent earns a sales commission on a property and then notarizes the buyer's closing documents for that same sale. This is:

Answer: Prohibited because earning a sales commission creates a direct financial interest in the transaction

Earning a sales commission from the same transaction in which the notary is performing the notarization creates a direct financial interest that disqualifies the notary.