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HB 189

Notaries public; limitations regarding certain notarial acts; provide

2025-2026 Regular Session Introduced by Kasey Carpenter and 2 co-sponsors

House Bill 189 limits notaries in Georgia from providing legal advice or immigration services, protecting the public from fraud and ensuring clear service boundaries.

House Second Readers
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Bill Summary · HB 189

Summary of House Bill 189

Bill Number: HB 189
Title: Notaries public; limitations regarding certain notarial acts; provide
Status: House Second Readers
Introduced: January 29, 2025
Classification: Bill

Purpose and Intent

House Bill 189 aims to amend the regulations governing notaries public in Georgia. The primary intent of the bill is to establish clear limitations on the activities that notaries public can engage in, particularly concerning legal advice and immigration-related services. This legislation seeks to protect the public from potential fraud and misrepresentation by ensuring that notaries do not overstep their legal boundaries.

Key Provisions

The bill introduces a new Code section (45-17-21) to the Official Code of Georgia Annotated, which includes the following significant provisions:

  1. Limitations on Notarial Acts:

    • Notaries public are prohibited from:
      • Assisting in drafting legal documents or giving legal advice.
      • Acting as immigration consultants or representing individuals in immigration-related judicial or administrative proceedings.
      • Receiving compensation for the prohibited activities listed above.
      • Making certified copies of public records or publicly recorded documents.

  2. Advertising Restrictions:

    • Notaries must avoid false or deceptive advertising.
    • They are prohibited from using the terms "notario" or "notario publico" unless they are licensed attorneys.
    • Notaries cannot advertise that they can assist with legal document preparation or legal advice.

  3. Access to Records:

    • Notaries must not withhold access to original records provided by individuals seeking notarial services.

  4. Fee Transparency:

    • Notaries are required to post a fee schedule at their place of business in English and any other relevant languages, along with a notice regarding the limitations on their services.

  5. Enforcement and Penalties:

    • The Attorney General or prosecuting attorney may seek injunctive relief against notaries who violate these provisions.
    • Violations of specific subsections regarding advertising and representation will be classified as deceptive trade practices.

Affected Parties

This bill primarily affects notaries public in Georgia, particularly those who may currently engage in practices that are deemed unauthorized under the new regulations. Additionally, it impacts individuals seeking notarial services, ensuring they are not misled about the capabilities and limitations of notaries.

Procedural Timeline

  • January 29, 2025: Bill introduced and entered the House Hopper.
  • January 30, 2025: First reading in the House.
  • February 3, 2025: Bill moved to House Second Readers for further consideration.

Conclusion

House Bill 189 seeks to clarify the role of notaries public in Georgia by imposing restrictions on their activities, particularly in legal and immigration matters. By doing so, it aims to enhance consumer protection and ensure that notaries operate within their legal scope. The bill is currently under review in the House, with further legislative actions anticipated.

Compiled from official sources — confirm details with the bill’s official record.

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