Starting January 1, 2025, Georgia’s notaries public must comply with new provisions enacted by House Bill 1292. The law introduces updates to the obligations of notaries, focusing on journal-keeping, identity verification, and training requirements. Below is an overview of three key updates for notaries in Georgia.

• Journal Requirements for Certain Notarial Acts: One of the most impactful changes is the mandatory maintenance of a written or electronic journal for notarial acts performed for “self-filers.”[1] A “self-filer” is defined as an individual submitting real estate-related documents, such as deeds or liens, for recording but who is not affiliated with certain exempted professional groups, like attorneys or title insurance agents.[2]
   
• Confirmation of Identity: To address ambiguities in the prior statutory language, the new law clarifies the acceptable methods for confirming the identity of signers, oath-takers, and affirmants. The previous statutory language allowed identity verification through "personal knowledge or satisfactory evidence," with only one example of “satisfactory evidence:” a Veterans Health Identification Card issued by the U.S. Department of Veterans Affairs. The amended statute replaces the vague standard with a requirement for verification using government-issued photo identification documents (valid driver’s license; personal identification card issued under Georgia law; or military identification card—still including a Veterans Health Identification Card).[3] Personal knowledge remains a valid method of identity confirmation under the new law.
   
• Mandatory Training for Initial and Renewed Commissions: Georgia notaries public must now complete educational training prior to their initial appointment and within 30 days of each renewal.[4] The Georgia Superior Court Clerks’ Cooperative Authority is tasked with creating and regulating these programs.[5]

Steps to Determine If the Journal Requirement is Applicable to a Notarial Act

In light of the changes, Georgia’s public notaries may consider the following when performing notarial acts:

1: Identify the Type of Document.[6] Confirm if the document being notarized falls into one of the following categories:

• Deeds
• Mortgages
• Liens as provided by law
• Maps or plats related to real estate
• State tax executions and renewals

If the document is not one of these types, the new journaling requirement does not apply.

2: Determine if the Requesting Individual is a Self-Filer.[7] Check if the individual requesting the notarial act qualifies as a “self-filer.” A self-filer is any individual who submits one of the above documents for recording and is not part of the following excluded groups:

1. Title insurance agents or their representatives.
2. Attorneys licensed in Georgia or their representatives.
3. Licensed real estate professionals.
4. Agents of federally insured banks or credit unions.
5. Agents of licensed or exempt mortgage lenders.
6. Servicers as defined by federal regulations.
7. Public officials performing official duties.
8. Licensed professional land surveyors.

If the requesting individual is part of any excluded group, the journal requirement does not apply.

3: Verify the Individual’s Identity.[8] Ensure the individual’s identity is confirmed through:

• A government-issued photo identification (e.g., driver’s license, passport, military ID); or
• Personal knowledge of the individual by the notary.

Step 4: Record Required Information in Journal.[9] If the document qualifies and the requesting individual is a self-filer, the notary must record the following in their journal:

1. Self-filer Information:
   • Name
   • Address
   • Telephone number
2. Details of the Notarial Act:
   • Date, time, and location of the notarization.
   • Type of document notarized.
3. Identification Information:
   • Type of government-issued photo identification presented.
   • Elements of the identification document (e.g., ID number, if applicable).
   • Note if identity was verified through personal knowledge.
4. Signature:
   • Obtain the self-filer’s signature in the journal.

Step 5: Maintain the Journal.[10] Ensure the journal is securely stored, either as a physical written document, or electronically. The duration of the notary’s obligation to maintain this journal is not clarified in the new amendment.

If you have questions about any of the matters discussed above, please contact one of the authors or your regular Nelson Mullins contact.

Jake Carroll advises clients in the construction, manufacturing, and real estate industries handling matters relating to commercial transactions, complex disputes, and corporate issues. Carroll is the co-author of the Georgia Construction Law Handbook, a leading treatise published annually, and is an active member of the Construction Law Section of the Atlanta Bar Association, serving as the section’s Chair in 2022-2023.

Carroll Hart is a Senior Associate in Nelson Mullins’ Atlanta office and focuses his practice on construction transactions and complex commercial and construction litigation. Hart currently serves on the Board of Directors for the Construction Law Section of the Atlanta Bar Association.