States, Counties, Online Notarizations and Complications

For those of you doing business in Dekalb County, Georgia, there are some updates to notary law coming soon. The new measures will be put into effect on January 1st, 2025.

It always seems to start with new notaries. They will now have to pass an educational training course to get their commission. It will now be part of the application process.

But, veterans, don’t fret, you aren’t left out. Among the provisions are required their notebook requirements. This is put in place to protect self-filers.

Here are some of the changes to the law.

A notary public shall maintain a written or electronic journal for each notarial act performed at the request of a self-filer for real estate documents.

A notary public applicant is required to complete an educational training class prior to the applicant’s initial (new) appointment.

A notary public applicant is required to complete an educational training class prior to the applicant’s renewal of a current appointment A notary public applicant will be provided a certificate upon successful completion of the training course.

A notary public applicant must include the certificate of completion with the notary application to the Clerk of Superior Court

On Common Ground News

Here are a couple of links related to the subject.

Notary Training Course

New Notary Bill

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It appears the bill passed through the New York legislature has hit a roadblock. Governor Kathy Hochul has vetoed a bill that would have relieved some burdens for notaries.

The bill dealt with how physical records are treated and stored.

We came across this bill a couple of months ago, and have been excited about its potential. Unfortunately, it did not make it across the finish line.

The COVID epidemic introduces new challenges and new laws for notaries. Among them were bookkeeping and record-keeping changes that were onerous for notaries. This caused many New York attorneys to stop being notaries, as a ten year minimum on records was deemed too big a liability.

Hence, New York Bar stepped in and introduced a bill to remedy the situation.

Here is a statement by Domenick Napoletano, president of the New York State Bar Association.

“For more than a century, New Yorkers commissioned as notaries public have been able to effectively implement their responsibilities – simply noting their name and notary identification number when doing so. When the legislature adopted new statutes enabling notarizations to occur electronically, there was an understanding that new standards should be imposed to protect consumers who were availing themselves of technological advancements, but there was no record to justify changing the standards imposed on in-person notarizations. Yet, when adopting the new rules, the state implemented rules establishing onerous record keeping requirements burdening attorneys practicing in New York State. The disclosure aspect of the superfluous rules also encroach on attorney-client privilege, as lawyers often notarize documents by clients that contain privileged information. Although it is understandable why those offering electronic notarization should be held to a higher standard to prevent fraudulent acts, I am disappointed in the governor’s veto of a bill that would have removed onerous and useless record keeping requirements burdening attorneys who perform in-person notarial acts. We will continue to advocate for a fix to these rules that make the practice of law less efficient and puts clients at risk.”

While the statement applies to lawyers, it would affect all notaries positively. Unfortunately, after the veto it appears dead in the water.