Authority of Notaries Who Are Stockholders, Directors, Officers, or Employees of Banks or Other Corporations to Witness Execution of Written Instruments

  1. Law
  2. Georgia Code
  3. Public Officers and Employees
  4. Notaries Public
  5. General Provisions
  6. Authority of Notaries Who Are Stockholders, Directors, Officers, or Employees of Banks or Other Corporations to Witness Execution of Written Instruments

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  1. As used in this Code section, the term:
    1. "Bank" or "other corporation" means a bank or other corporation organized under the laws of this or any other state or the United States.
    2. "Written instrument," without limiting the generality of meaning of such words, means deeds, mortgages, bills of sale to secure debt, deeds to secure debt, deeds of trust, contracts, legal pleadings, affidavits, certificates, or any other like instruments.
  2. It shall be lawful for any notary public who is a stockholder, director, officer, or employee of a bank or other corporation to take the acknowledgment of any party to any written instrument executed to or by such corporation. Any such notary public may act and sign as official witness to the execution by any party of any written instrument executed to or by such bank or other corporation. Any such notary public may administer an oath to any other stockholder, director, officer, employee, or agent of such bank or other corporation or may protest for nonacceptance or nonpayment bills of exchange, drafts, checks, notes, and other negotiable instruments which may be owned or held for collection by such bank or other corporation, provided that it shall be unlawful for any notary public to act and sign as official witness to or take the acknowledgment of an instrument executed by or to a bank or other corporation of which he is a stockholder, director, officer, or employee where such notary would be witnessing or acknowledging his own signature as it appears on the instrument either in his capacity as an individual or in his representative capacity with the bank or other corporation or to protest any negotiable instrument owned or held for collection by such bank or other corporation where such notary is individually a party to such instrument.

(Ga. L. 1958, p. 313, §§ 1, 2; Ga. L. 1962, p. 104, § 1; Ga. L. 1984, p. 1105, § 1; Ga. L. 2002, p. 415, § 45.)

RESEARCH REFERENCES

ALR.

- Validity and effect of agreement to give bank all, or part, of fees of notary for protesting paper, 25 A.L.R. 170.

Qualification of stockholder of a corporation or member of association to take acknowledgment of, or attest as notary an instrument to which corporation or association is a party, 51 A.L.R. 1529.


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