Governor Kemp issued an order that allows notarization of certain documents to be satisfied by the use of real-time audio-visual technology.
Real Estate Transaction Executive Order by Gov. Kemp
Bar Members:
Gov. Brian Kemp has issued an executive order regarding certain legal documents for real estate transactions that require in-person services of a notary public or a witness.
In part:
ORDERED: Any purported requirement under the laws of this state that the attestation of a recordable instrument under Code Sections 44-2-1 et seq. and 45-17-1 et seq. must occur in the physical presence of the notary public may be satisfied by the use of real-time audio-visual communication technology or any similar real-time means of electronic video conferencing that allows the parties to communicate with each other simultaneously by sight and sound.
IT IS FURTHER ORDERED: That any requirement under Code Section 44-2-1 et seq. that an in-person witness attest or acknowledge an instrument, document, or deed may be satisfied by the use of real-time audio-video communication technology or any similar real-time means of electronic video conferencing that allows all of the parties to communicate with each other simultaneously by sight and sound.
View the entire order here.
We are working with the Governor's Office to find a solution for remote notarization and witnessing of other legal documents that fits within the Governor's executive authority under state law. Please be patient as we try to come up with a solution in the next few days. If you have any questions, please don't hesitate to reach out to me.
Sincerely,
Darrell Sutton
President, State Bar of Georgia
president@gabar.org
Bar Members:
Gov. Brian Kemp has issued an executive order regarding certain legal documents for real estate transactions that require in-person services of a notary public or a witness.
In part:
ORDERED: Any purported requirement under the laws of this state that the attestation of a recordable instrument under Code Sections 44-2-1 et seq. and 45-17-1 et seq. must occur in the physical presence of the notary public may be satisfied by the use of real-time audio-visual communication technology or any similar real-time means of electronic video conferencing that allows the parties to communicate with each other simultaneously by sight and sound.
IT IS FURTHER ORDERED: That any requirement under Code Section 44-2-1 et seq. that an in-person witness attest or acknowledge an instrument, document, or deed may be satisfied by the use of real-time audio-video communication technology or any similar real-time means of electronic video conferencing that allows all of the parties to communicate with each other simultaneously by sight and sound.
View the entire order here.
We are working with the Governor's Office to find a solution for remote notarization and witnessing of other legal documents that fits within the Governor's executive authority under state law. Please be patient as we try to come up with a solution in the next few days. If you have any questions, please don't hesitate to reach out to me.
Sincerely,
Darrell Sutton
President, State Bar of Georgia
president@gabar.org