Title 45, Chapter 17, Section 8
( 45-17-8)
(a) Notaries public shall have authority to: (1) Witness or attest signature or execution of deeds and other
written instruments; (2) Take acknowledgments; (3) Administer oaths and affirmations in all matters incidental to
their duties as commercial officers and all other oaths and
affirmations which are not by law required to be administered by a
particular officer; (4) Witness affidavits upon oath or affirmation; (5) Take verifications upon oath or affirmation; (6) Make certified copies, provided that the document presented
for copying is an original document and is neither a public record
nor a publicly recorded document certified copies of which are
available from an official source other than a notary and provided
that the document was photocopied under supervision of the notary;
and (7) Perform such other acts as they are authorized to perform by
other laws of this state. (b) No notary shall be obligated to perform a notarial act if he
feels such act is: (1) For a transaction which the notary knows or suspects is
illegal, false, or deceptive; (2) For a person who is being coerced; (3) For a person whose demeanor causes compelling doubts about
whether the person knows the consequences of the transaction
requiring the notarial act; or (4) In situations which impugn and compromise the notary's
impartiality, as specified in subsection (c) of this Code section. (c) A notary shall be disqualified from performing a notarial act in
the following situations which impugn and compromise the notary's
impartiality: (1) When the notary is a signer of the document which is to be
notarized; or (2) When the notary is a party to the document or transaction for
which the notarial act is required. (d) A notary public shall not execute a notarial certificate
containing a statement known by the notary to be false nor perform
any action with an intent to deceive or defraud. (e) In performing any notarial act, a notary public shall confirm
the identity of the document signer, oath taker, or affirmant based
on personal knowledge or on satisfactory evidence.
(f) The signature of a notary public documenting a notarial act
shall not be evidence to show that such notary public had knowledge
of the contents of the document so signed, other than those specific
contents which constitute the signature, execution, acknowledgment,
oath, affirmation, affidavit, verification, or other act which the
signature of that notary public documents, nor is a certification by
a notary public that a document is a certified or true copy of an
original document evidence to show that such notary public had
knowledge of the contents of the document so certified. |