Bill > SB90

This bill modernizes legal, notarial, and court services in Georgia by establishing comprehensive regulations for electronic real estate closings and notarizations. The legislation explicitly defines the practice of law, prohibits "witness-only" closings, and sets strict requirements for attorneys conducting real estate transactions electronically. Key provisions include mandating that attorneys obtain participant consent, use secure two-way audio-video communication, verify participant identities, record closing proceedings, and retain electronic documents for at least six years. The bill also creates significant legal and financial penalties for unauthorized practice of law or notarial violations, allowing consumers to sue for damages up to three times the actual losses. For remote notarizations, the bill specifies that signatories must be physically located in the United States, and certain documents like wills and real property security instruments are excluded from remote notarization. The legislation aims to modernize legal services while maintaining robust protections against improper legal practices, with criminal penalties ranging from misdemeanors to felonies for repeated violations. The bill will take effect upon gubernatorial approval or becoming law without approval.

Business and Industry

https://www.legis.ga.gov/legislation/69885