Penalty; Prosecution of Violations of Article

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  1. Any person who violates subsection (d) of Code Section 45-17-8 shall be guilty of a misdemeanor.
  2. Any person who performs any notarial service without complying with the provisions of this article shall, upon the first or second conviction, be guilty of a misdemeanor and upon a third or subsequent conviction be guilty of a felony, punishable by imprisonment of not less than one year nor more than five years, a fine of up to $5,000.00, or both.

(Code 1981, §45-17-20, enacted by Ga. L. 1984, p. 1105, § 1; Ga. L. 1985, p. 149, § 45; Ga. L. 2007, p. 221, § 4/HB 274.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2007, "of" was substituted for "or" following "guilty" in subsection (b).

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required for violators.

- Offenses arising under O.C.G.A. § 45-17-20 are designated as offenses for which those charged are to be fingerprinted. 2008 Op. Att'y Gen. No. 2008-1.

ARTICLE 2 OFFICERS OF ARMED FORCES AS EX OFFICIO NOTARIES

OPINIONS OF THE ATTORNEY GENERAL

The purpose in enacting Ga. L. 1943, p. 421, § 1 (see now O.C.G.A. Art. 2, T. 45, C. 17) was to facilitate the presence of a notary for those military personnel on active duty during wartime; all others still had access to nonmilitary notaries. 1969 Op. Att'y Gen. No. 69-516.


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