Notary Laws

[Alima]

Jurisdiction

Georgia

Hello,

My employer in Georgia believes it is legal for me to notarize his forged signature, because he gives me permission to. My understanding is the signer must sign their name in person. This signature would be his name signed by a third party without a POA. I believe this to be highly illegal. He sees refusal to as instructed as insubordination. Will anyone clarify the law for us please?

Thank you!

 

[army judge]

Hello,

My employer in Georgia believes it is legal for me to notarize his forged signature, because he gives me permission to. My understanding is the signer must sign their name in person. This signature would be his name signed by a third party without a POA. I believe this to be highly illegal. He sees refusal to as instructed as insubordination. Will anyone clarify the law for us please?

Thank you!

To a notary the signature is meaningless.

The notary must simply identify the person signing the document.

If you know Daffy Duck, you need not establish his identity.

If you don't know Donald Duck, you must seek to establish his identity by using state or federal government issued ID.

Georgia Notary Law is located in Title 45 Article 17 of the Official Code of Georgia Annotated (O.C.G.A.). Access the online version of the O.C.G.A. through the Georgia General Assembly website located at: Georgia General Assembly .

These are the three things should a notary must establish for a signatory to a document:
a. Identity
b. Willingness
c. Competency

What forms of identification should I request as a Georgia notary?

The best form of identification to use is one that includes a photograph, signature, and ideally a physical description.

A valid driver's license is a good source of identification.

Georgia statute requires persons appearing before a notary to produce identification.

May a Notary refuse to witness a document?

A Notary may, and should, refuse to witness a signature whenever any question exists as to the identity of the signer, the sanity of the signer, or the voluntariness of the signature.

A Notary may confirm the identity of the signer based on personal knowledge or satisfactory evidence produced to identify the signer.

Other than the three things mentioned above, there is no requirement that Daffy Duck or Donal Duck sign their names EXACTLY the same each and every time.

NOTE: Nothing is mentioned about the signature.

 

[Alima]

To a notary the signature is meaningless.

The notary must simply identify the person signing the document.

.

So if you know the signer of the document and you know they are not the person named on said document you can not notarize, correct?

 

[army judge]

So if you know the signer of the document and you know they are not the person named on said document you can not notarize, correct?

One more time once.

The law says you must KNOW the signer personally, or establish the signer's ID as described above.

If the signer is known to you as Big Bad Bossman, and he signs Lil Bad Wolf, the law would consider that to be fraud.

If you wish to keep your notary seal, don't notarize a document signed by a person known to you as Big Bad Bossman if he uses the name Hott Studd.

That is fraud.

If the bully persists, I suggest you seek other employment.

This is one you'll lose, unless you play his crazy reindeer games.

If you've been doing this, he has dirt on you, too.

 

[Alima]

[QUOTE="army j

If you've been doing this, he has dirt on you, too.[/QUOTE]

No we have not, just trying to get proof that it is not legal since us saying so is not sufficient. Not trying to get dirt either. Just trying to get him to believe us.

 

[cbg]

Alima, is it that he wants to sign a name that is not his own, or that he wants someone else to sign his name and say that he signed it himself? If he is looking to sign a name that is not his own, is he trying to sign the name of another real, living person or is he just making up a fake name?

 

[Alima]

Alima, is it that he wants to sign a name that is not his own, or that he wants someone else to sign his name and say that he signed it himself?

He wants someone else to sign his name as he is out of town. My understanding is you can have someone sign on your behalf (with their own name) as long as there is a power of attorney. But in this case there isn't a power of attorney. As the signer must be present and sign their name, it is my belief doing what he is telling us to do is illegal.

 

[cbg]

I would agree with you. IF he had been looking to sign a name that was not his own AND it was a fake, made-up name, I think there is a way that could have been legal. But not this.

 

[zddoodah]

As part of the process of becoming licensed as a notary, you presumably took a class or read materials about the law governing notaries. Right? That means you likely know the law better than anyone who's going to post here (although we all can google "georgia notary law"). Right?

Unfortunately, you might have to make a decision between keeping your job and following the law.

 

[adjusterjack]

As the signer must be present and sign their name, it is my belief doing what he is telling us to do is illegal.

It is. Worse, if somebody reneges on that document and your boss says "I never signed it" you're going to be up crap's creek without a paddle.

Here's an alternative since you know your boss and know his signature, email him the document, have him print it out, sign it, scan it and email it back to you. It would then be a lot safer for you to notarize his signature.

 

[Alima]

Thank you!

Here's an alternative since you know your boss and know his signature, email him the document, have him print it out, sign it, scan it and email it back to you. It would then be a lot safer for you to notarize his signature.[/QUOTE]


We tried this, he refused to do it.

 

[Alima]

As part of the process of becoming licensed as a notary, you presumably took a class or read materials about the law governing notaries. Right? That means you likely know the law better than anyone who's going to post here (although we all can google "georgia notary law"). Right?

Unfortunately, you might have to make a decision between keeping your job and following the law.

My interpretation of Georgia law says it is illegal. There isn't any training here so you have to find it and read it yourself, which I have done and is why I was not comfortable with it. Checked with the state they said you can do jail time. For whatever reason he thinks I am just being difficult.

I appreciate everyone's responses. They were what I expected. All I can do at this point is hope for the best and send out resumes.

 

[Michael Wechsler]

So what I'm understanding is that your boss wants something purporting to be his signature notarized and for the notary to forge his signature? A power of attorney doesn't have a right to forge the name of the person who isn't present. It merely means that individual granted such power can, using their name, perform certain acts on behalf of the person granting the power(s). I have heard of people hoping to have a document notarized which was actually signed by them but don't want to make a trip to be in front of the notary. But it's absurd to expect the notary to be a master forger.

I can't imagine anyone who would want to be in a position should someone challenge the signature on the document. It isn't as if that situation hasn't reared its ugly head in the past. Your read is correct and the request is lazy and absurd.