Title 45, Chapter 17, Section 12
( 45-17-12)
(a) As used in this Code section, the term: (1) "Bank" or "other corporation" means a bank or other
corporation organized under the laws of this or any other state or
the United States. (2) "Written instrument," without limiting the generality of
meaning of such words, means deeds, mortgages, bills of sale to
secure debt, deeds to secure debt, deeds of trust, contracts,
legal pleadings, affidavits, certificates, or any other like
instruments. (b) It shall be lawful for any notary public who is a stockholder,
director, officer, or employee of a bank or other corporation to
take the acknowledgement of any party to any written instrument
executed to or by such corporation. Any such notary public may act
and sign as official witness to the execution by any party of any
written instrument executed to or by such bank or other corporation.
Any such notary public may administer an oath to any other
stockholder, director, officer, employee, or agent of such bank or
other corporation or may protest for nonacceptance or nonpayment
bills of exchange, drafts, checks, notes, and other negotiable
instruments which may be owned or held for collection by such bank
or other corporation, provided that it shall be unlawful for any
notary public to act and sign as official witness to or take the
acknowledgement of an instrument executed by or to a bank or other
corporation of which he is a stockholder, director, officer, or
employee where such notary would be witnessing or acknowledging his
own signature as it appears on the instrument either in his capacity
as an individual or in his representative capacity with the bank or
other corporation or to protest any negotiable instrument owned or
held for collection by such bank or other corporation where such
notary is individually a party to such instrument. |