Notary FAQs

Notary Frequently Asked Questions

Q: Is eNotary allowed in the State of Georgia?

Ans. According the State of Georgia Executive Order No.03.31.20.01, notarizations may be satisfied by the use of real-time audio-visual communication technology effective March 31, 2020.  eNotary is a secure service that uses an electronic seal in place of a traditional ink or embossed seal.

Q: Is there a difference between a notary seal with ink or an embossed “raised” seal?

Ans: The embossed “raised” seal for the most part is not used by professional notaries.  The reason being is that there are many documents in this day and age that require faxing or scanning and the embossed seal generally can not be seen once you make a copy or send a fax.  Often times, one has to take a pencil and rub it across the seal so that it can be seen.  This makes the document look less presentable and is generally not preferred by most people in that instance.  We use stamp seal.

Q. Does an automobile Bill of Sale form need to be signed by Notary?

Ans:  All states require one be signed by both the buyer and the seller before a title transfer can be initiated. In most cases, a duly executed bill of sale and a vehicle certificate of title are  needed to register a vehicle in the new buyer’s name.

 Q: What is a Signing Agent? 

Ans: A Signing Agent is a Notary Public with expertise in notarizing loan document signings.

Q. Can a Notary notarize a fax or a photocopy?

Ans: A photocopy or fax may be notarized, but only if it bears an original signature. That is, the copy must have been signed with an ink pen. A photocopied or faxed signature may never be notarized.   *****Note that some Public Recorders will not accept notarized signatures on photocopied or faxed sheets because they will not adequately reproduce in microfilming.  Also, if the document has been faxed on glossy fax paper, a copy should be made on bond paper and that copy then signed and notarized, as wording on glossy fax paper often fades.

 
Q. What is a conformed copy?
 
Ans:  When carbon copies are made, the Notary will sometimes be asked to conform rather than to notarize the copies. To conform a copy, the Notary must re-affix the official seal on the copy  (carbon will not readily transfer a seal impression) and write conformed copy prominently across the copy.
 
 
Q. How does a Notary notarize a signature on a document that has carbons?
 
 Ans: After completing the notarial certificate on the document that is intended to be treated as the original, the Notary signs only the original certificate to authenticate and adds the official act with a notary public seal. A notary public must never affix his or her original notary signature and seal to carbon copies or copies of a document being notarized.
 
 
Q.  Can a Notary witness his/her own signature in the state of Georgia?
 

Ans: A notary shall be disqualified from performing a notarial act in the following situations which impugn and compromise the impartiality of the notary:

  1. When the notary is a signer of the document which is to be notarized; or
  2. When the notary is a party to the document or transaction for which the notarial act is required.

Q.  Which parent signs a travel consent for  a minor child?

Ans.  If your child will travel internationally, both parents should sign a notarized consent to travel.  Specify the child’s full name and address, the names and addresses of both parents, the names and addresses of the adults traveling with the child, the authorized destination countries and the dates of the trip. If you have sole custody, provide a copy of the relevant paperwork such as a death certificate or court order.

Q.  Can notarial acts be provided for minors?

part 1 Ans: Georgia legal ages laws do not specify at which age a minor is eligible for emancipation from his or her parents, but the state requires individuals to be 18 years old in order to consent to medical treatment or enter into a contract.

part 2 Ans:  If minors do not have valid state identification, they must have the correct number of credible witnesses  to verify their identity. Georgia is a state that permits usage of two credible identifying witnesses. A witness must not be the minor’s parent. A Credible Witness Affidavit is used in the identity process.

Q.  Can a Notary officiant a Wedding or marriage?

part 1 Ans: Yes.

O.C.G.A.§ 19-3-30 (c): the license shall be directed to the Governor or any former Governor of this state, any judge, including judges of state and federal courts of record in this state, city recorder, magistrate, minister, or other person of any religious society or sect authorized by the rules of such society to perform the marriage ceremony; such license shall authorize the marriage of the persons therein named and require the Governor or any former Governor of this state, judge, city recorder, magistrate, minister, or other authorized person to return the license to the judge of the probate court with the certificate thereon as to the fact and date marriage within 30 days after the date of marriage. The license with the return thereon shall be recorded by the judge in a book kept by such judge for that purpose.

part 2 Ans: Yes. A Notary can apply in your state for a temporary, one-day marriage designation (temporary-officiant to conduct wedding).

 

Resources:
https//www.georgialegalaid.org/search?q=minor+notarial+acts+&page=5 Accessed 25 Aug. 2017.
http//members.usnotaries.net/news.asp?AssetID=615 Accessed 25 Aug. 2017.
https//www.gsccca.org/docs/notary-documents/crediblewitnessesaffidavit.pdf?sfvrsn=4 Accessed 25 Aug. 2017.

https//www.accgov.com/8303/Officiant-defined 25 Aug. 2017.

Last updated 30 April 2021