Signature and Date of Notarial Act

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  1. Except as otherwise provided in this Code section, in documenting a notarial act, a notary public shall sign on the notarial certification, by hand in ink, only and exactly the name indicated on the notary's commission and shall record on the notarial certification the exact date of the notarial act.
  2. The requirement of subsection (a) of this Code section for recording of the date of the notarial act shall not apply to an attestation of deeds or any other instruments pertaining to real property.
  3. No document executed prior to July 1, 1986, which would otherwise be eligible for recording in the real property records maintained by any clerk of superior court or constitute record notice or actual notice of any matter to any person shall be ineligible for recording or fail to constitute such notice because of noncompliance with the present or any prior requirements of this Code section.

(Code 1981, §45-17-8.1, enacted by Ga. L. 1984, p. 1105, § 1; Ga. L. 1985, p. 1469, § 6; Ga. L. 1986, p. 1446, § 7.)

Editor's notes.

- Ga. L. 1986, p. 1446, § 10, not codified by the General Assembly, provided: "This Act shall become effective upon its approval by the Governor [approved April 11, 1986] or upon its becoming law without such approval. It is expressly declared that the curative provisions of paragraph (2) of subsection (a) of Code Section 45-17-6 and of subsection (c) of Code Section 45-17-8.1, as enacted by this Act, are intended to have retroactive application except to the extent that such retroactive application would unconstitutionally impair any vested right."

Law reviews.

- For annual survey of law of real property, see 38 Mercer L. Rev. 319 (1986).


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