Guidelines for Remote Notary Services under Executive Order
Remote Notary Services are allowed under Executive Order 04.09.20.01, with specific requirements such as using real-time audio/video platforms, verifying signer identification, and physical presence in Georgia. The Office of General Counsel provides training and supervision for compliance, along with best practices to ensure smooth execution of Remote Notary Services.
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Remote Notary Training Office of General Counsel - Josh McKoon Last Revision April 30, 2020
Executive Order 04.09.20.01 Explained Remote Notary Services Are Currently Allowed Only Through May 13, 2020 One requirement is the Notary must either be an attorney or under the supervision of an attorney the Office of General Counsel will serve as your supervisor for the limited purpose of Remote Notary Services and that supervision includes furnishing this training and additional support needed to make sure you are in compliance with Executive Order 04.09.20.01
Additional Requirements of Executive Order 04.09.20.01 Notary must witness the signature(s) as they take place using a real time audio/video telecommunications platform (AVTP) Real Time AVTPs include services like WebEx that we are using today to deliver training (we encourage using WebEx due to the encryption it provides that secures any confidential information) It is not sufficient for someone to attest to their signature, you must be able to actually witness the signature in real time
Additional Requirements of Executive Order 04.09.20.01 Notary must see identification to prove the identity of the signer(s) over real time AVTP Identification must be the same as in a regular notarization. Ideal identification would be with name and photograph (i.e. Driver s License)
Additional Requirements of Executive Order 04.09.20.01 Notary must be physically present in Georgia during the AVTP session Signer must transmit copy of the signed document on the same date it was executed for execution by the notary
Best Practices For Adoption These are not required but the Office of General Counsel is asking you to implement these to reduce potential problems: Be sure to open the meeting by asking if the parties are consenting to being recorded & providing information over the real time AVTP Notaries should use the same real time AVTP for all Remote Notary Services Notaries should use a real time AVTP that allows recording of the Remote Notary Service session Notaries should confirm that the signer(s) are physically present in Georgia
Best Practices (Continued) Use the checklist the Office of General Counsel is furnishing to insure that all tasks are completed. While Georgia notaries are not required to keep a journal of executed notarial acts, use the checklist and notes to create a journal that keeps track of (1) name of the signer(s); (2) the identification produced by the signer(s); (3) the date and time the notary act was executed; (4) the document that was witnessed or attested; and (5) the type of real time AVTP used
Best Practices (Continued) Notaries executing documents and performing notarial acts should consider asking questions to the signer or witness that solicit confirmation. Consider questions that solicit statements confirming the signer s identity, the nature of the document being signed, and confirmation from each witness that he or she witnessed the signer sign the document Documents being notarized should include the following statement on the notary signature block: This [name of document] was notarized pursuant to Executive Order 04.09.20.01 using [insert technology name] as real time audio visual communication technology
Common Questions 1. Can a student sign the VOEPB form electronically? 2. Can you use Zoom or another platform other than WebEx for the AVTP? 3. What does transmit mean in terms of the Executive Order? How can we do that securely? 4. Does the student have to be physically in Georgia for a Georgia Notary to notarize his signature? 5. Should you record the whole intake process or just the part where the signature occurs?
