Virginia - U.S. Notary Reference

Last Update: September 18, 2024

Notary Jurisdiction

Statewide for any document (COV 47.1-13[A]) and worldwide for any document intended to be used in Virginia or by the U.S. government (COV 47.1-13[B]; HNP).

Notary Term Length

Four years (COV 47.1-21).

Notary Bond

Not required by law.

Notary Seal

Required (COV 47.1-16[C]).

Notary Journal

Required only for electronic and remote (online) notarial acts (COV 47.1-14[C]).

Go to top.

Commissioning Official

Although Virginia’s Notaries are appointed by the Governor, it is the office of the Secretary of the Commonwealth that commissions, maintains records on and reviews complaints against Notaries (COV 47.1-3 and 47.1-8).

“The Secretary of the Commonwealth shall keep a record of the names of all notaries public and electronic notaries public, and the dates of their registration and qualification. The Secretary shall also retain a specimen of the signature of each notary commissioned pursuant to this chapter. The specimen may be retained in photographic form. The Secretary shall also be required to retain the completed applications of persons seeking appointment as notary public for a period of three months after their receipt; provided, however, that he shall retain the applications of persons refused appointment for not less than four years” (COV 47.1-10).

Contact Information

1. Address: Office of the Secretary of the Commonwealth
   Notary Public Division
   P.O. Box 1795
   Richmond, VA 23218-1795

2. Phone: 804-692-2536

3. Website: https://commonwealth.virginia.gov/official-documents/notary-commissions/

Laws, Rules and Guidelines

1. Laws: Most Notary statutes are in the Code of Virginia (COV) Title 47.1, “Notaries and Out-of-State Commissioners,” which may be cited as the “Virginia Notary Act” of 1980; Title 55, “Property and Conveyances,” Sections 55-118.1 through 55-118.9, which comprise the “Uniform Recognition of Acknowledgments Act.”

2. Rules: Rules for electronic notarization were published and promulgated by the Secretary on January 21, 2013, as “The Virginia Electronic Notarization Assurance Standard” (VENAS) (Version 1.0), also available on the website.

3. Guidelines: Other guidelines for Notaries are in “A Handbook for Virginia Notaries Public” (updated April 6, 2021) (HNP) and “Important Guidelines for Virginia Notaries”), issued by the Secretary of the Commonwealth and available on the website.

Go to top.

Commission Process

1. Qualifications: An applicant for a commission as a Virginia Notary Public must (COV 47.1-4):
   (a) Be at least 18 years old;
   (b) Be a legal resident of the United States;
   (c) Live or work in the Commonwealth of Virginia;
   (d) Be able to read and write the English language; and
   (e) Never have been convicted of a felony under the laws of the United States, Virginia or any other state unless pardoned, had rights restored or had the conviction vacated.

2. Course: Not required.

3. Exam: Not required.

4. Application: All applicants must go online and answer the interview questions found on the “Notary Application Wizard” or follow the directions provided if unable to do so. The applicant must then print out the application form in PDF format. The $45 application fee may be paid online by credit card at that time or by mailing a check or money order, payable to “Treasurer of Virginia,” with the completed application (see below). The application fee is waived for applications filed by a clerk or deputy clerk of a circuit or district court.
   A Virginia Notary (or circuit court clerk or deputy clerk) must notarize the applicant’s signature on Part 3 of the printed application before it is submitted.
   Applicants mail the notarized application to the Office of the Secretary of the Commonwealth, along with a check or money order for the fee or the receipt for prior online credit-card payment.

5. Background Screening: Not required.

6. Oath and Certification by Circuit Court Clerk: The new Notary commission is sent to the appropriate circuit court clerk and a notice is also sent to the new Notary, who then has 60 days to appear before the clerk, present satisfactory evidence of identity, take and sign the oath and claim the commission for a fee of $10. The clerk has 14 days to certify the fact of the Notary’s qualification with the Secretary of the Commonwealth (COV 47.1-8 and 47.1-9).
   “An applicant who has not received notice within four weeks of mailing their application to the Office of the Secretary of the Commonwealth, should call the Clerk of Court to verify if the commission has been received. If it has not, the applicant should contact the Secretary of the Commonwealth’s office” (HNP).
   A person registering as an electronic notary is not required to take an oath of office from the circuit court clerk, as this was already accomplished when the person became a Notary (COV 47.1-2).

7. Nonresidents: Nonresidents of Virginia may be appointed as a Notary only if they are regularly employed in Virginia and perform Notary services in connection with their employment. Nonresidents in the U.S. armed services may also be appointed (COV 47.1-4).
   “Non-residents of Virginia may be appointed as notaries if they are primarily employed in the state and perform notary services in connection with their employment. A non-resident notary who ceases to be regularly employed in Virginia must surrender his or her commission (website, “Notary Commissions”).

8. Reappointment: “Persons already commissioned as notaries public or electronic notaries public … and who are submitting application for recommission as a notary or electronic notary may submit applications to the Secretary in person, by first-class mail, or online, provided online applications contain electronic signatures, authorized by the Uniform Electronic Transactions Act. No person applying for recommission shall be required to include the oath of the applicant required for commission by Section 47.1-5, provided that such applicant is in good standing as a notary public or electronic notary public, is not subject to any investigation or proceeding, and has never been removed from office pursuant to Chapter 5 (Section 47.1-24 et seq.)” (COV 47.1-5.1).

Electronic Notary Commission and Registration

1. Notary Commission Required: In order to become an electronic notary, the applicant must first be a commissioned Virginia Notary Public. In addition, “[p]rior to submitting an electronic notary application, the applicant must purchase an electronic seal from an electronic notary seal provider. The electronic seal is a required item on the electronic notary application” (HNP).

2. Registration: “(a) Before performing any electronic notarial acts, a notary shall register the capability to notarize electronically, including the means for completing online notarizations….
   “(b) Upon successful completion of all registration requirements, the Secretary of the Commonwealth shall email to the notary’s email address on file an approval letter that confirms the commission to act as an electronic notary.
   “(c) The Secretary of the Commonwealth will not render an opinion or determination as to whether a particular notarization system or technology used by a notary is in compliance with this Standard or the Code of Virginia. Responsibility for compliance is solely on the electronic notary” (VENAS 1.1).
   “Persons already commissioned as notaries public or electronic notaries public … and who are submitting application for recommission as a notary or electronic notary may submit applications to the Secretary in person, by first-class mail, or online, provided online applications contain electronic signatures, authorized by the Uniform Electronic Transactions Act …” (COV 47.1-5.1).

3. No Oath Required: Electronic Notaries are not required to be sworn in by the local clerk of the circuit court, because as holders of an existing Notary commission they have already been sworn in (COV 47.1-2).

4. Registration Form: “A. An applicant shall submit a registration form established by the Secretary for registering and being commissioned as an electronic notary public, which shall include:
   “1. The applicant’s full legal and official notary names;
   “2. A general description of the technology or technologies the registrant will use to create an electronic signature in performing official acts;
   “3. Certification of compliance to the Secretary of the Commonwealth with electronic notary standards developed in accordance with Section 47.1-6.1; and
   “4. The electronic mail address of the registrant.
   “B. The registration form shall (i) be signed by the applicant using the electronic signature described in the form; (ii) include any decrypting instructions, codes, keys, or software that allow the registration to be read; and (iii) be transmitted electronically to the Secretary.
   “C. Nothing herein shall be construed to prevent an electronic notary from using updated technology or technologies during the term of the commission; however, the electronic notary shall notify the Secretary electronically within 90 days of installation or use of such updated technology or technologies and provide a brief description thereof” (COV 47.1-7).

5. Fee for Commission: The fee for issuing a commission to an electronic notary public is $35. In addition, a “technology fee” of $10 will be charged, for a total fee of $45 (COV 2.2-409).
   “A $45.00 fee must accompany your Electronic Notary Application, which is submitted via online payment using a Visa, Mastercard or American Express at the end of the online application” (website, “Learn About Becoming An Electronic Notary”).

6. Term of Electronic Commission: “The electronic notary commission will expire on the same date the notary’s traditional commission expires. The electronic notary commission will need to be renewed at the same time the notary commission is renewed” (HNP).

7. Choice of Law: “All electronic notarial acts performed by Virginia electronic notaries are deemed to have been performed within the Commonwealth of Virginia and are governed by Virginia law. This reflects the reality that electronic documents may not be physically stored in Virginia. In fact, the network-based digital economy has no geographic boundaries and is, therefore, borderless. Thus, regardless of the physical location of the electronic document, Virginia law governs the electronic notarial act” (HNP).

Online Search

A Virginia Notary’s commission information may be found at the Secretary of the Commonweath’s website at https://solutions.virginia.gov/Notary/Search/Search. A search may be made by first and last name or Notary identification number.

Verifying a Notary: “Anyone may request the address and telephone number of a notary by submitting a letter of request stating the name of the notary, the notary’s registration number, the notary’s [commission] expiration date, and the reason for the request to the Office of the Secretary of the Commonwealth” (website, “Notary Commissions”).

“Our office will provide a formal letter stating both the notary’s commission date and expiration date. This information is provided for verification purposes only and cannot be added to a notarized document. Verification can be made on most active and expired commissions dating back ten years from the notary’s commission date” (website, “Notary Commissions”).

Jurisdiction

1. Notaries Public: “A. The powers of any notary commissioned pursuant to this title may be exercised anywhere within the Commonwealth of Virginia.
   “B. Any notary commissioned pursuant to this title may likewise perform notarial acts outside the Commonwealth, where such notarial acts are performed in accordance with this chapter.
   “C. An employee of the federal government authorized to perform notarial acts may perform notarial acts in accordance with this chapter.
   “D. An electronic notarial act performed in accordance with this chapter shall be deemed to have been performed within the Commonwealth and is governed by Virginia law” (COV 47.1-13).

2. Electronic Notaries: “Virginia electronic notaries also have limited extraterritorial powers. An electronic notary public may perform any authorized notarial act outside of the Commonwealth for any writing intended to be used in the Commonwealth of Virginia or by the United States government. Please note the remote notarial act is not extra-territorial because it is deemed to have been performed within the Commonwealth of Virginia at the place where the electronic notary is located” (HNP).

Term Length

“The commission of a notary public shall expire in the fourth calendar year after issuance of his commission on the last day of the month in which the notary was born” (COV 47.1-21).

“Acting under an expired commission may constitute a criminal offense” (HNP).

Bond

Not required.

Employer Liability: “The employer of a notary public shall … be liable for all damages proximately caused by the official misconduct by [a notary employee] if:
“1. The notary public was acting within the scope of his employment at the time such damages were caused; and
“2. The employer had actual knowledge of, or reasonably should have known of, such notary’s misconduct” (COV 47.1-27).

Changes of Status

1. Contact Information: For any change of contact information (address, phone, business address, and phone, etc.), the Notary must notify the office of the Secretary of the Commonwealth in writing or by email (HNP).

2. Address or Employment: For a change of residence address, the Notary must inform the Secretary of the Commonwealth in writing. Likewise, a Notary who is a nonresident must inform the Secretary of any change in the place of employment (COV 47.1-18).
   “Any notary who ceases to be a resident of the Commonwealth of Virginia shall, from that time, cease to be a notary; provided, however, that such notary may retain his commission with the written consent of the Secretary if he meets the qualifications for nonresident appointment under § 47.1-4” (COV 47.1-22[B]).
   A nonresident notary who ceases to be regularly employed in Virginia must surrender his or her commission (COV 47.1-22[C] and [D]).

3. Name Change: Traditional Notaries who change their name in the course of a commission term are directed by the state to continue using the seal issued in the old name until the commission expires, at which time the Notary may apply for recommissioning in the new name and purchase a new seal (HNP).
   To avoid confusion between a signature in one name and a seal in another, “any notary ... who shall legally change his name during his term of office as a notary shall, after such change of name, when performing any notarial act, have written or printed in or annexed to his certificate the words: ‘I was commissioned a notary as _______________,’ or the equivalent” (COV 47.1-17).
   In contrast, “any electronic notary public who shall legally change his name shall make application with the Secretary for a new electronic notary commission within 90 days of such legal name change” (COV 47.1-17). Upon receipt of the new commission, the Notary must obtain a new electronic Notary seal bearing the new name (VENAS 2.1[b][i]).

4. Resignation: “A notary who wishes to resign may do so by sending a letter of resignation and his or her commission to the Secretary of the Commonwealth” (HNP; see also COV 47.1-22[A] and [D]).

Go to top.

Authorized Acts

1. Notarial Acts: Virginia Notaries are authorized to perform the following notarial acts (COV 47.1-12 and 55-118.1, except as otherwise noted):

   1. Take acknowledgments and proofs;

   2. Administer oaths and affirmations;

   3. Certify true copies of any document other than a document in the custody of a court;

   4. Certify affidavits and depositions;

   5. Perform verifications of fact;

   6. Witness the opening of safe deposit boxes (COV 6.2-2305 through 6.2-2308).

2. In-Person Electronic and Remote Notarial Acts: Virginia Notaries who have obtained an Electronic Notary commission may perform the notarial acts listed above with the exception of witnessing safe deposit box openings electronically or remotely (COV 47.1-12 and 47.1-2 [definition of “'electronic notarial act' and ‘electronic notarization’”]).

Acknowledgments

1. Definition: ‘Acknowledgment’ means a notarial act in which an individual at a single time and place (i) appears in person before the notary and presents a document; (ii) is personally known to the notary or identified by the notary through satisfactory evidence of identity; and (iii) indicates to the notary that the signature on the document was voluntarily affixed by the individual for the purposes stated within the document and, if applicable, that the individual had due authority to sign in a particular representative capacity” (COV 47.1-2).
   “The words ‘acknowledged before me’ mean:
   “(1) That the person acknowledging appeared before the person taking the acknowledgment,
   “(2) That he acknowledged he executed the instrument,
   “(3) That, in the case of:
   “(i) A natural person, he executed the instrument for the purposes therein stated;
   “(ii) A corporation, the officer or agent acknowledged he held the position or title set forth in the instrument and certificate, he signed the instrument on behalf of the corporation by proper authority, and the instrument was the act of the corporation for the purpose therein stated;
   “(iii) A partnership, the partner or agent acknowledged he signed the instrument on behalf of the partnership by proper authority and he executed the instrument as the act of the partnership for the purposes therein stated;
   “(iv) A person acknowledging as principal by an attorney in fact, he executed the instrument by proper authority as the act of the principal for the purposes therein stated; or
   “(v) A person acknowledging as a public officer, trustee, administrator, guardian, conservator or other representative, he signed the instrument by proper authority and he executed the instrument in the capacity and for the purposes therein stated, and
   “(4) That the person taking the acknowledgment either knew or had satisfactory evidence that the person acknowledging was the person named in the instrument or certificate” (COV 55-118.5).
   “The term ‘acknowledged before me’ means that the person signing the document has satisfied the notary as to be (sic) his or her identity and has actually signed the document while the notary was watching him or her doing it” (website, “Important Guidelines for Virginia Notaries”).

2. Requirements: “The person taking an acknowledgment shall certify that:
   “(1) The person acknowledging appeared before him and acknowledged he executed the instrument; and
   “(2) The person acknowledging was known to the person taking the acknowledgment or that the person taking the acknowledgment had satisfactory evidence that the person acknowledging was the person described in and who executed the instrument” (COV 55-118.3).

Proofs

Taking proof of execution by subscribing witness is mentioned as one of the “acts which the laws and regulations of this State authorize notaries public of this State to perform” in COV 55.1-616.A.

Oaths and Affirmations

1. Definitions

   1. “‘Oath’ shall include “affirmation” (COV 47.1-2).

   2. “‘Affirmation’ means a notarial act, or part thereof, that is legally equivalent to an oath and in which an individual at a single time and place (i) appears in person before the notary and presents a document; (ii) is personally known to the notary or identified by the notary through satisfactory evidence of identity; and (iii) makes a vow of truthfulness or fidelity on penalty of perjury” (COV 47.1-2).

2. Authority: Virginia Notaries are oath-administering officers who may also administer certain state-required oaths of office (e.g., for elected members of the General Assembly). In addition, Notaries may administer oaths of office to U.S. military personnel on active duty and to civilians deployed by the U.S. Department of Defense (COV 49-3).

Copy Certifications

1. Definition: “‘Copy certification’ means a notarial act in which a notary (i) is presented with a document that is not a public record; (ii) copies or supervises the copying of the document using a photographic or electronic copying process; (iii) compares the document to the copy; and (iv) determines that the copy is accurate and complete” (COV 47.1-2).

2. Requirements: “Virginia notaries are not authorized to certify true copies of birth, death, or marriage certificates. Only the Division of Vital Records/Statistics may perform such a certification. Virginia notaries are not authorized to certify true copies of court-issued documents” (HNP).

Verifications of Fact

1. Definition: “‘Verification of fact’ means a notarial act in which a notary reviews public or vital records to (i) ascertain or confirm facts regarding a person’s identity, identifying attributes, or authorization to access a building, database, document, network, or physical site or (ii) validate an identity credential on which satisfactory evidence of identity may be based” (COV 47.1-2).
   A verification of fact is a ”notary directly accessing public or vital records to confirm or validate a signer’s identity credentials or to confirm facts about an individual’s identity or authorization. A notary may also access public records to confirm facts about such matters as corporate status, date of birth, or date of marriage” (HNP).

Safe Deposit Box Openings

“Upon the expiration of 60 days from the date of mailing the notice required by § 6.2-2305 and the failure within such period of the lessee of the box according to the records of the company to pay the amount due for the rental thereof, together with any charges for which the rental agreement provides, the company may, in the presence of two company employees, one of whom shall be a notary public, cause the box to be opened and the contents thereof, if any, to be removed, inventoried, and sealed up by the notary public in a package. The notary public shall distinctly mark upon the package the name of the lessee of the box according to the records of the company and the date of removal of the property” (COV 6.2-2306).

“When a package has been marked for identification by a notary public as required under the provisions of § 6.2-2306, it shall, in the presence of an officer of the company, be placed by the notary public in one of the general safes or boxes of the company. The lessee shall be liable to the company for storage of the package at a rental rate that does not exceed the original rental of the box that was opened. The package shall remain in such general safe or box for a period of not less than two years, unless sooner removed by the lessee” (COV 6.2-2307).

“The notary public who placed a package in one of the general safes or boxes of the company as required under the provisions of § 6.2-2307 shall, upon doing so, file with the company a certificate, under seal, which shall set out the date of the opening of such box, the name of the lessee of the box, and a list of the contents, if any. The certificate shall be sworn to by the notary public and shall be prima facie evidence of the facts therein set forth in all legal proceedings wherein evidence of such facts would be admissible” (COV 6.2-2308[A]).

In-Person Electronic and Remote Notarial Acts

1. Definition: Electronic notarial act” and “electronic notarization” mean an official act by a notary under § 47.1-12 or as otherwise authorized by law that involves electronic documents” (COV 14.1-2).

2. Explanation: The Code of Virginia has one definition of “'electronic notarial act' and ‘electronic notarization’” that applies to either in-person electronic or remote notarial acts, because both types of notarial act are performed on electronic documents. The only difference is the form of “satisfactory evidence of identity” used to perform each of these types of acts. For a remote notarization, the definition of “satisfactory evidence of identity” authorizes the use of video and audio conference technology to perform the notarial act: “In the case of an electronic notarization, “satisfactory evidence of identity” may be based on video and audio conference technology, in accordance with the standards for electronic video and audio communications set out in subdivisions B 1, 2, and 3 of § 19.2-3.1, that permits the notary to communicate with and identify the principal at the time of the notarial act … (COV 47.1-2 “Satisfactory evidence of identity”).

Go to top.

Personal Appearance

1. Notarial Acts: “A notary shall not … [n]otarize a document if the signer is not in the presence of the notary at the time of notarization.…” (COV 47.1-15.1).

2. Remote Notarial Acts: ““A notary shall not … [n]otarize a document if the signer is not in the presence of the notary at the time of notarization, unless (i) in the case of an electronic notarization, satisfactory evidence of the identity of the signer is established in accordance with Section 47.1-2 or (ii) otherwise authorized by law to do so” (COV 47.1-15.1).

   1. Definition: “‘Appear or appears in person’ means either in the same physical location or by two-way live video and audio conference communication” (VENAS, Definitions [b]).
      “An electronic notary shall not perform an electronic notarization if the document signer does not appear before the electronic notary at the time of the notarization either in the same physical location or by means of two-way live video and audio conference” (VENAS, 1.2[b]).

   2. Requirements: “The two-way live teleconferencing capability must meet the following performance criteria for establishing personal appearance:
      “1) The persons communicating must simultaneously see and speak to one another
      “2) The signal transmission must be live, real time
      “3) The signal transmission must be secure from interception through lawful means by anyone other than the persons communicating” (HNP).

Identification

1. Notarial Acts

   1. Standard of Care: “A notary shall exercise reasonable care in the performance of his duties generally. He shall exercise a high degree of care in ascertaining the identity of any person whose identity is the subject of a notarial or electronic notarial act” (COV 47.1-14[A]).
      “A notary must always be completely satisfied with the identity of the person whose signature is being notarized. A notary is not obligated to notarize a person’s signature without being sure that the person is who he or she claims to be. Always check identification and be satisfied that the identification is valid. Never accept the word of a third party as being sufficient for identification to justify notarizing a person’s signature” (website, “Important Guidelines for Virginia Notaries”).

   2. Personal Knowledge: “‘Personal knowledge of identity’ or ‘personally knows’ means familiarity with an individual resulting from interactions with that individual over a period of time sufficient to dispel any reasonable uncertainty that the individual has the identity claimed” (COV 47.1-2).

   3. Satisfactory Evidence: “‘Satisfactory evidence of identity’ means identification of an individual based on (i) examination of one or more of the following unexpired documents bearing a photographic image of the individual’s face and signature: a United States Passport Book, a United States Passport Card, a certificate of United States citizenship, a certificate of naturalization, a foreign passport, an alien registration card with photograph, a state-issued driver’s license or a state-issued identification card or a United States military card or (ii) the oath or affirmation of one credible witness unaffected by the document or transaction who is personally known to the notary and who personally knows the individual or of two credible witnesses unaffected by the document or transaction who each personally knows the individual and shows to the notary documentary identification as described in clause (i). In the case of an individual who resides in an assisted living facility, as defined in § 63.2-100, or a nursing home, licensed by the State Department of Health pursuant to Article 1 (§ 32.1-123 et seq.) of Chapter 5 of Title 32.1 or exempt from licensure pursuant to § 32.1-124, an expired United States Passport Book, expired United States Passport Card, expired foreign passport, or expired state-issued driver’s license or state-issued identification card may also be used for identification of such individual, provided that the expiration of such document occurred within five years of the date of use for identification purposes pursuant to this title.” (COV 47.1-2).

   4. Credible Witness: “‘Credible witness’ means an honest, reliable, and impartial person who personally knows an individual appearing before a notary and takes an oath or affirmation from the notary to confirm that individual’s identity” (COV 47.1-2).

2. Remote Notarial Acts

   1. Video and Audio Conference Technology Allowed: “In the case of an electronic notarization, ‘satisfactory evidence of identity’ may be based on video and audio conference technology, in accordance with the standards for electronic video and audio communications set out in subdivisions B 1, 2, and 3 of Section 19.2-3.1, that permits the notary to communicate with and identify the principal at the time of the notarial act, provided that such identification is confirmed by (a) personal knowledge, (b) an oath or affirmation of a credible witness who personally knows the principal and is either personally known to the notary or is identified pursuant to clause (c), or (c) is identified by at least two of the following: (1) credential analysis of an unexpired government-issued identification bearing a photograph of the principal's face and signature, (2) identity proofing by an antecedent in-person identity proofing process in accordance with the specifications of the Federal Bridge Certification Authority, including any supplements thereto or revisions thereof; or (3) another identity proofing method authorized in guidance documents, regulations, or standards adopted pursuant to Section 2.2-436, or (4) a valid digital certificate accessed by biometric data or by use of an interoperable Personal Identity Verification card that is designed, issued, and managed in accordance with the specifications published by the National Institute of Standards and Technology in Federal Information Processing Standards Publication 201-1, ‘Personal Identity Verification (PIV) of Federal Employees and Contractors,’ and supplements thereto or revisions thereof, including the specifications published by the Federal Chief Information Officers Council in 'Personal Identity Verification Interoperability for Non-Federal Issuers’; or (5) a knowledge-based authentication assessment” (COV 47.1-2).

   2. Antecedent Identity Proofing: One of the three identification options for online notarization mentioned above is “[r]eliance on prior in-person identity proofing by a third party such as an employer, a law firm, or a bank. Otherwise known as antecedent proofing, this security standard relies upon a prior trust relationship having been created between the signer and a third party” (HNP).

   3. Definitions: “'Identity proofing' means a process or service that independently verifies an individual's identity in accordance with Section 2.2-436.
      “'Knowledge-based authentication assessment' means an identity assessment formulated from public or private data sources for which the principal has not provided a prior answer that meets the following requirements:
      “1. The principal shall answer a quiz composed of at least five questions related to the principal's personal history or identity;
      “2. At least five possible answer choices shall be available for each question;
      “3. The principal shall pass the quiz if he achieves a score of 80 percent or higher;
      “4. The principal shall have two minutes to answer the questions on the quiz;
      “5. If the principal fails to achieve a score of at least 80 percent, the principal may attempt up to two additional quizzes within 48 hours following the first failed quiz; and
      “6. No more than 60 percent of the questions from the initial quiz can be reused on additional quizzes” (COV 47.1-2).

Refusal of Services

“A notary may decline to notarize a document” (COV 47.1-15).

Disqualifying Interest

1. Personal or Spouse: “No notary shall perform any notarial act with respect to any document, writing, or electronic document to which the notary or his spouse is a party, or in which either of them has a direct beneficial interest, or where the notary is a signatory or is named in the document to be notarized, except that a notary named in a document for the purpose of receiving notices, or named in a document as executor, trustee, or other fiduciary, shall not, for that reason alone, be precluded from performing notarial acts with respect to such document.
   “Any notary who violates the provisions of this section shall be guilty of official misconduct. A notarial act performed in violation of this section shall not automatically be void for such reason, but shall be voidable in the discretion of any court of competent jurisdiction upon the motion of any person injured thereby” (COV 47.1-30).
   However, acknowledgments taken by an officer prior to July 1, 1995, when the acknowledger is the spouse of the officer, may not necessarily be invalid (COV 55-131).
   “Regardless of whether any beneficial or other interests exist, a notary may never take his or her own acknowledgment, oath, affidavit, or deposition” (HNP).
   “Notaries should not notarize documents when … [t]here is any possibility that the contents of the document will benefit them or their spouse” (HNP).

2. Campaign Employees: Notaries should not notarize documents when …. [t]hey are are a paid employee of a political campaign, including a referendum or petition effort, and a notarial act is needed in regard to petitions for that campaign” (HNP).

3. Beneficiaries: Notaries should not notarize documents when …. [t]hey are are named beneficiaries of a will in which they’ve been asked to notarize” (HNP).

4. Corporate Notaries: Notaries who are corporate stockholders or officers, or both, may notarize documents for the corporation, provided the Notary has no personal interest in the transaction and is not signing on the corporation’s behalf (COV 55-121).

5. Exceptions: “[A] notary named in a document for the purpose of receiving notices, or named in a document as executor, trustee, or other fiduciary, shall not, for that reason alone, be precluded from performing notarial acts with respect to such document” (COV 47.1-30).

Unauthorized Practice of Law

“A nonattorney notary shall not assist another person in drafting, completing, selecting, or understanding a document or transaction requiring a notarial act. This section does not preclude a notary who is duly qualified, trained, or experienced in a particular industry or professional field from selecting, drafting, completing, or advising on a document or certificate related to a matter within that industry or field or prevent a notary from adding a notarial certificate or electronic notarial certificate to a paper or electronic document at the direction of a principal or lawful authority” (COV 47.1-15).

Marriages

“Virginia notaries are not authorized to perform marriage ceremonies” (HNP).

Immigration Restrictions

“A. A notary public shall not offer or provide legal advice on immigration or other legal matters, or represent any person in immigration proceedings, unless such notary public is authorized or licensed to practice law in the Commonwealth or is accredited pursuant to 8 C.F.R. Section 292.2 to practice immigration law or represent persons in immigration proceedings.
“B. A notary public shall not assume, use, or advertise the title of ‘notario,’ ‘notario publico,’ or ‘licenciado,’ or a term in a language other than English that indicates in such language that the notary is authorized to provide legal advice or practice law, unless such notary public is authorized or licensed to practice law in Virginia” (COV 47.1-15.1).

Violations of the above provision regarding use of the terms “notario,” “notario publico” and “licenciado” are subject to a civil penalty not to exceed $500 for a first violation and $1,000 for a second or subsequent violation. This doesn’t preempt or preclude additional civil, administrative or criminal penalties authorized by law (COV 47.1-15.1[C] and [D]).

In-Person Electronic Notarial Acts

1. Applicable Law

   1. Uniform Electronic Transactions Act: Effective July 1, 2000, Virginia adopted its own version of the Uniform Electronic Transactions Act (COV 59.1-479 through 59.1-497), including the provision on notarization and acknowledgment, thereby recognizing the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (COV 59.1-489).

   2. Uniform Real Property Electronic Recording Act: Virginia has enacted the Uniform Real Property Electronic Recording Act, authorizing Notaries to use electronic signatures on real property records: “A requirement that a land records document or a signature associated with a land records document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic notarization of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the land records document or signature. A physical or electronic image of a stamp, impression, or seal is not required to accompany an electronic signature” (COV 55-142.11.C). 

   3. Virginia Notary Act Amendments: Originally effective July 1, 2008, legislation was enacted by the Virginia General Assembly which set statutory rules for electronic notarization (House Bill 2058, signed into law as Chapter 269). However, the Virginia Governor indefinitely postponed implementation of these rules, based on concerns of the Attorney General and the Virginia Information Technology Authority that the lack of pertinent technical standards in place would make electronic notarization inherently prone to fraud. The Governor asked the General Assembly to provide a remedy.
      In response, the General Assembly enacted Virginia Senate Bill 833, effective March 16, 2009, authorizing the Secretary of the Commonwealth to develop standards for electronic notarization in consultation with the Virginia Information Technology Authority (COV 47.1-6.1). The provisions of these amendments are summarized below.

   4. Virginia Electronic Notarization Assurance Standard: Effective January 21, 2013, “The Virginia Electronic Notarization Assurance Standard” (Version 1.0) was published and promulgated by the Secretary of the Commonwealth to supplement statute and set forth rules for both in-person and remote online electronic notarization. The “Standard” embraces public key infrastructure as the technology best suited to implement electronic notarization (VENAS, “Scope and Intent”). These standards are summarized below.

2. Technology Systems

   1. Approval of System Providers: Not required. “The Secretary of the Commonwealth will not render an opinion or determination as to whether a particular electronic notarization system or technology used by a notary is in compliance with this Standard or the Code of Virginia. Responsibility for compliance is solely on the electronic notary” (VENAS 1.1[c]).

   2. List of System Providers: Not provided.

3. Records: For the requirements for Notaries who perform electronic notarizations to keep a record of each act they perform, see “Records of Notarial Acts,” below.

4. Security: “The electronic notary shall take reasonable steps to ... ensure the integrity, security, and authenticity of electronic notarizations....” (COV 47.1-14[E]).

5. Fee for In-Person Electronic Notarial Acts: For the maximum fee for performing an in-person electronic notarial act, see “Fees for Notarial Acts,” below.

Remote Notarial Acts

1. Applicable Law

   1. Virginia Notary Act Amendments: Effective July 1, 2012, Virginia became the first state to implement remote online notarization through amendments to the Virginia Notary Act. These amendments are summarized below.

   2. Virginia Electronic Notarization Assurance Standard: Effective January 21, 2013, “The Virginia Electronic Notarization Assurance Standard” (Version 1.0) was published and promulgated by the Secretary of the Commonwealth to supplement statute and set forth rules for both in-person and remote online electronic notarization. These standards are summarized below.

2. Permissive, not Mandatory: It should be kept in mind that the law described above permits but does not require Virginia Notaries to perform remote online notarizations. “A Notary may decline to notarize a document” (COV 47.1-15).

3. Technology Systems

   1. Approval of System Providers: Not required. “The Secretary of the Commonwealth will not render an opinion or determination as to whether a particular electronic notarization system or technology used by a notary is in compliance with this Standard or the Code of Virginia. Responsibility for compliance is solely on the electronic notary” (VENAS 1.1[c]).

   2. List of System Providers: Not provided.

Testimonials

“A notary shall not … [u]se the official notary title or seal to endorse, promote, denounce, or oppose any product, service, contest, candidate, or other offering” (COV 47.1-15[2]).

Deceit or Fraud

“A notary shall not perform any official act with the intent to deceive or defraud” (COV 47.1-15).

Validity of Notarial Acts

“No notarial act performed by a notary public shall be invalidated solely because of the failure of such notary public to perform a duty or meet a requirement specified in this title. However, the validity of a notarial act shall not prohibit an aggrieved person from seeking to invalidate the record or transaction that is the subject of such notarial act or from seeking other remedies authorized by the laws of the Commonwealth or laws of the United States. Nothing in this subsection shall be construed to validate a purported notarial act performed by an individual who is not authorized to perform such notarial acts” (COV 47.1-20.1.B).

Go to top.

Certificate Requirement

1. Definition: “‘Notarial certificate’ or ‘certificate’ means the part of, or attachment to, a notarized document that is completed by the notary public, bears the notary public’s signature, title, commission expiration date, notary registration number, and other required information concerning the date and place of the notarization and states the facts attested to or certified by the notary public in a particular notarization” (COV 47.1-2).

2. General Requirement: “A notarial act shall be evidenced by a notarial certificate or electronic notarial certificate signed by a notary in a manner that attributes such signature to the notary public identified on the commission” (COV 47.1-16[B]).

3. Specific Requirements: “Every notarial act must contain the below seven items:
   “1. Notarial statement
   “2. The date of the notarial act
   “3. The location of the notarial act in the city or county where notarization occurs
   “4. The expiration date of the notary’s commission
   “5. Notary’s signature
   “6. Notary’s registration number
   “7. Photographically reproducible notary seal/stamp” (HNP).
   “A. Every notarization shall include the date upon which the notarial act was performed, and the county or city and state in which it was performed.
   “B. A notarial act shall be evidenced by a notarial certificate or electronic notarial certificate signed by a notary in a manner that attributes such signature to the notary public identified on the commission.
   “C. Upon every writing that is the subject of a notarial act, the notary shall, after his certificate, state the date of the expiration of his commission in substantially the following form: ‘My commission expires the ________ day of _______________, ________’” (COV 47.1-16).

4. Date of Notarization: “Usually, the language of a notarial act contains a place for this information. When it does not, the best place to put the date is immediately above the place where the notary will sign” (HNP).
   For this purpose, language such as that found in COV 55-120 may be used: “Given under my hand this ________ day of _______________, ________.”

5. Notary Registration Number: “If a form or certificate lacks space for this information, the notary must provide it somewhere on the form or certificate” (HNP).

6. Official Notary Seal: “Near the notary’s official signature on the notarial certificate of a paper document, the notary shall affix a sharp, legible, permanent, and photographically reproducible image of the official seal, or, to an electronic document, the notary shall attach an official electronic seal” (COV 47.1-16).

Certificate Forms

Virginia has adopted the Uniform Recognition of Acknowledgments Act and the Act’s short-form certificates. These certificate forms and others authorized by the Secretary of State appear below.

Electronic Notarial Certificate

“A notarial act shall be evidenced by a notarial certificate or electronic notarial certificate signed by a notary in a manner that attributes such signature to the notary public identified on the commission” (COV 47.1-16[B]).

“Every electronic notarial certificate completed by an electronic notary public commissioned in the Commonwealth shall include the county or city within the Commonwealth where the electronic notary public was physically located at the time of the notarial act. The electronic notarial certificate shall indicate whether the notarization was done in person or by remote online notarization” (COV 47.1-16.A).

Remote Notarial Certificate

“The ‘electronic notarial certificate’ shall indicate whether the notarization was done in person or by remote online notarization” (COV 47.1-2).

“Every notarization shall include the date upon which the notarial act was performed, and the county or city and state in which it was performed. Every electronic notarial certificate shall include the county or city within the Commonwealth where the electronic notary public was physically located at the time of the notarial act. The electronic notarial certificate shall indicate whether the notarization was done in person or by remote online notarization” (COV 47.1-16.A).

Certificate on Same Page

“A notary shall not … notarize a signature on a document without notarial certificate wording on the same page as the signature unless the notarial certificate includes the name of each person whose signature is being notarized….

“Any document notarized prior to July 1, 2008, which does not have the notarial certificate wording on the same page as the signature, but otherwise appears on its face to be properly notarized, shall be deemed validly notarized” (COV 47.1-15).

“Every effort should be made for notarial statement to be on the same page as the signature being notarized, however, if they are on different pages, the notarial statement must include the name of the person whose signature is being notarized” (HNP).

Improper Certificate

“A writing that is not properly notarized in accordance with the laws of the Commonwealth shall not invalidate the underlying document, however, any such writing shall not be in proper form for recordation. All writings admitted to record shall be presumed to be in proper form for recording after having been recorded, and conclusively presumed to be in proper form for recording after having been recorded for a period of three years, except in cases of fraud” (COV 55-106.2).

Go to top.

Definitions

1. “'Electronic notary seal' or ‘electronic seal’ means information within a notarized electronic document that confirms the notary’s name, jurisdiction, and commission expiration date and generally corresponds to data in notary seals used on paper documents” (COV 47.1-2).

2. “'Seal' means a device for affixing on a paper document an image containing the notary’s name and other information related to the notary’s commission” (COV 47.1-2).

Seal Requirement

1. Notarial Acts: Required.
   “Near the notary’s official signature on the notarial certificate of a paper document, the notary shall affix a sharp, legible, permanent, and photographically reproducible image of the official seal” (COV 47.1-16[C]).

2. In-Person Electronic Notarial Acts: Required.
   “Near the notary’s official signature on the notarial certificate of … an electronic document, the notary shall attach an official electronic seal” (COV 47.1-16[C]).

3. Remote Notarial Acts: Required (COV 47.1-16[C]).

4. Electronic Real Property Records: Not required.
   “A physical or electronic image of a stamp, impression, or seal is not required to accompany an electronic signature” (COV 55-142.11.C). 

Format

1. Notarial Acts

   1. Inked Stamp or Embosser: Virginia statute does not stipulate a specific kind of seal for use on paper documents, so either an inked stamp or an embossing seal is acceptable.

   2. Permanent, Photocopiable: “Near the notary’s official signature on the notarial certificate of a paper document, the notary shall affix a sharp, legible, permanent, and photographically reproducible image of the official seal, or, to an electronic document, the notary shall attach an official electronic seal” (COV 47.1-16[C]).
      If an embosser is used, the required photographically reproducible image may be achieved by “simply darkening the seal embossment with ink so it will meet the standard of being ‘photographically reproducible’” (joint statement by the Secretary of the Commonwealth and the National Notary Association, June 13, 2007).

   3. Shape/Size: Not specified.

   4. Components: For the notarization of electronic documents, all five of the components listed below are required in the seal; for further details, see “Electronic Notary Seal” in the “Electronic Notarizations” section below.
      For the notarization of paper documents, only the first three components listed below are specifically required in the seal by the Secretary of the Commonwealth (HNP), but the fourth
      and fifth components are also acceptable and widely seen.

      1. Name of Notary exactly as on commission;

      2. “Notary Public”;

      3. “Commonwealth of Virginia”;

      4. Optional: Notary registration number;

      5. Optional: “My commission expires _______________ (date)”.

   5. Notary Registration Number: “There is no requirement that the ‘registration number’ be part of the seal, although it can be under the new law. Your notary registration number must appear on each notarial certificate in order for your notarization to be valid. If you acquire a new seal, we strongly recommend that the notary registration number be part of the new notary seal” (joint statement by the Secretary of the Commonwealth and the National Notary Association, June 13, 2007).

2. In-Person Electronic Notarial Acts: “The notary’s official signature and seal consist of both the digital signature and an image or text on the electronic document that includes the following information:
   “(i) the electronic notary’s name (as shown on the notary’s electronic notary commission);
   “(ii) the electronic notary’s registration or commission number;
   “(iii) the words “Electronic Notary Public”;
   “(iv) the words “Commonwealth of Virginia”; and
   “(v) the electronic notary’s commission expiration date” (VENAS 2.1[b]).

3. Remote Notarial Acts: Not prescribed.

Placement of Seal

The Notary must affix the official seal “near the notary’s official signature on the notarial certificate of a paper document …, or … an electronic document…” (COV 47.1-16[C]).

Legibility of Seal

To ensure seal legibility on paper documents, “[c]are should be taken not to obscure the signatures or other parts of the document when applying the seal/stamp to the document” (HNP).

Correcting Seal

“The notary cannot strike through or white-out an area to make a change [in the seal]” (HNP).

Disposition of Seal

“It is the responsibility of the notary to dispose of or destroy the notary seal once the notary ceases to be a notary” (HNP; see also COV 47.1-22[D]).

Missing Seal

“When a certificate of acknowledgment was made prior to July 1, 1995, to any instrument in writing required by this chapter to be acknowledged and the notary or other official whether of this or some other state taking same failed to affix his official seal to such certificate of acknowledgment when a seal was necessary, the certificate of acknowledgment shall be as valid for all purposes as if such seal had been affixed, and the deed shall be, and shall since such date have been, notice to all persons as effectually as if such seal had been affixed, provided that such acknowledgment was in other respects sufficient” (COV 55-123).

Examples

The below typical, actual-size examples of official Notary stamping devices and electronic Notary seals which are allowed by Virginia law. Formats other than these may also be permitted.

Open

Open

Notary’s Signature

“A notarial act requires the original signature of the notary. Signature stamps and other facsimiles or photocopies do not satisfy this requirement” (HNP).

Electronic Signature and Seal

1. Independent Verification, Tamper-Evident: “The notary shall attach the official electronic signature and electronic seal to the electronic notarial certificate of an electronic document in a manner that is capable of independent verification and renders any subsequent changes or modifications to the electronic document evident” (COV 47.1-16[D]).
   “'Capable of independent verification' means that any interested person may confirm the validity of an electronic notarial act, including the electronic signature and seal, through a publicly accessible system and in compliance with the X.509 digital certificate standard” (VENAS Definitions [d]).

2. Validity: “A notary performing electronic notarial acts shall take reasonable steps to ensure that any registered device used to create an electronic signature is current and has not been revoked or terminated by its issuing or registering authority (COV 47.1-14[D]).

3. Sole Control: “An electronic notary performing electronic notarial acts shall keep his record, electronic signature, and physical and electronic seals secure under his exclusive control and shall not allow them to be used by any other notary or any other person (COV 47.1-14[E]).

4. Electronic Notarial Acts Only: “A notary performing electronic notarial acts shall use the notary’s electronic signature only for the purpose of performing electronic notarial acts (COV 47.1-14[F]).

5. Lost, Stolen, Compromised Electronic Signature and Seal: “A notary performing electronic notarial acts, immediately upon discovering that the notary’s … electronic signature, or physical or electronic seal has been lost, stolen, or may by otherwise used by a person other than the notary, shall (i) inform the appropriate law-enforcement agency in the case of theft or vandalism and (ii) notify the Secretary in writing and signed in the official name in which he was commissioned” (COV 47.1-14[G]).

6. Resignation Requirements: “Every electronic notary who wishes to resign his commission or who ceases to be a notary pursuant to this section shall forthwith erase, delete, or destroy the coding, disk, certificate, card, software, or password that enables electronic affixation of the notary’s official electronic signature or seal and so certify to the Secretary…. A former electronic notary, whose previous commission or application was not revoked or denied need not erase, delete, or destroy the coding, disk, certificate, card, software, or password that enables electronic affixation of the notary’s electronic signature or seal if he is recommissioned and reregistered as an electronic notary using the same electronic signature and seal within three months after commission expiration” (COV 47.1-22.E and .F).

7. “The Secretary may revoke the commission of any notary who .... fails to keep the official physical seal, journal, or device, coding, disk, certificate, card, software, or passwords used to affix the notary’s official electronic signature or seal under the exclusive control of the notary when not in use” (COV 47.1-23[10]).

Go to top.

Records Requirement

1. Definition: Virginia statute provides a definition of “record of notarial acts” that appears to apply to both electronic and paper records: “‘Record of notarial acts’ means a device for creating and preserving a chronological record of notarizations performed by a notary” (COV 47.1-2).

2. Journal

   1. Notarial Acts: Not explicitly required.

   2. In-Person Electronic Notarial Acts: Required.
      “A notary performing electronic notarial acts shall keep, maintain, protect, and provide for lawful inspection an electronic record of notarial acts” (COV 47.1-14C).

   3. Remote Notarial Acts: Required (COV 47.1-14C).

3. Recording of Remote Notarial Acts: Required.
   “In the case of an electronic notarization, "satisfactory evidence of identity" may be based on video and audio conference technology, in accordance with the standards for electronic video and audio communications set out in subdivisions B 1, 2, and 3 of Section 19.2-3.1, that permits the notary to communicate with and identify the principal at the time of the notarial act… (COV 47.1-2).

Journal Recommendation

“A traditional notary is not required to keep a notary journal. However, the Office of the Secretary of the Commonwealth recommends that each notary maintain a journal that provides a record of all notarial acts performed to provide evidence for resolving future disputes over authenticity of signatures and documents. The journal may also provide proof that the notary has lawfully performed his or her notarial duties” (HNP).

Electronic Record Specifications

“In accordance with Virginia Code § 47.1-14, an electronic record of notarial acts shall:
“(a) Allow record entries to be made, viewed, printed out, and copied by an electronic notary only after access is obtained by at least one factor of authentication such as a password, biometric verification, token, or other form of authentication.
“(b) Not allow a record entry to be deleted or altered in content or sequence by the electronic notary or any other person after a record of the electronic notarization is entered and stored.
“(c) Have a backup system in place to provide a duplicate electronic record of notarial acts as a precaution in the event of loss of the original record.
“(d) When not in use, the electronic record shall be kept under the exclusive control of the electronic notary, and shall not be used by any other electronic notary nor surrendered to an employer upon termination of employment. The electronic record is at all times the exclusive property of the notary and no employer or vendor of e-notary services may retain control of a notary’s electronic record for any reason. Exclusive control is achieved by ensuring that at least one method of authentication is required to verify the identity of the electronic notary requesting access to the electronic record” (VENAS 1.3).

Journal Entries

Required Entries: “A notary performing electronic notarial acts shall keep, maintain, protect, and provide for lawful inspection an electronic record of notarial acts that contains at least the following for each notarial act performed: (i) the date and time of the day of the notarial act; (ii) the type of notarial act; (iii) the type, title, or description of the document or proceeding; (iv) the printed name and address of each principal; (v) the evidence of identity of each principal in the form of either a statement that the person is personally known to the notary, a notation of the type of identification document, which may be a copy of the driver’s license or other photographic image of the individual’s face, or the printed name and address of each credible witness swearing or affirming to the person’s identity, and, for credible witnesses who are not personally known to the notary or electronic notary, a description of the type of identification documents relied on by the notary; and (vi) the fee, if any, charged for the notarial act. If video and audio conference technology authorized under § 47.1-2 is the basis for satisfactory evidence of identity and the principal’s identity has been ascertained upon presentation of such satisfactory evidence of identity, the electronic notary shall keep a copy of the recording of the video and audio conference and a notation of the type of any other identification used. The electronic notary shall ... maintain a backup for his electronic record of notarial acts, and ... ensure protection of such backup records from unauthorized use” (COV 47.1-14[C]).

Records Retention

“The electronic record of an electronic notarial act shall be maintained for a period of at least five years from the date of the transaction” (COV 47.1-14[C]).

Go to top.

Maximum Fees

1. Notarial Acts: In notarizing paper documents, the maximum fee allowed for taking and certifying an acknowledgment, administering and certifying an oath, certifying a true copy, or certifying an affidavit or deposition is $10 (COV 47.1-19[A]).

2. In-Person Electronic and Remote Notarial Acts: In notarizing electronic documents, the maximum fee allowed for the same notarial acts just listed is $25 (COV 47.1-19[B]).

The Notary may charge a fee less than the permitted maximum for performing a notarial act, or may charge no fee at all.

Stating Fees

“A notary or other officer returning affidavits or depositions of witnesses and a commissioner returning a report shall state at the foot thereof the fees therefor, to whom charged and, if paid, by whom” (COV 17.1-270).

No Fee

“Any person appointed as a member of an electoral board or a general registrar shall be prohibited from collecting any fee as a notary during the term of such appointment. Any person appointed as an assistant registrar or officer of election shall be prohibited from collecting a fee as a notary for services relating to the administration of elections or the election laws” (COV 47.1-19[C]).

Employers and Fees

“A. Any employer, as a condition of employment of a person who is a notary, may require the employee to perform notarial acts in the course of or in connection with such employment without charging the fee allowed by law for the performance of such acts.
“B. Any employer may require a notary in his employment to surrender to such employer a fee, if charged, or any part thereof, provided that the notarial act for which the fee is charged is performed during the course of such employee's employment.” (COV 47.1-20).

Travel Fees

“A notary may recover, with the agreement of the person to be charged, any actual and reasonable expense of traveling to a place where a notarial act is to be performed if it is not the usual place in which the notary performs his office” (COV 47.1-19[D]).

Go to top.

Notary Signing Agents

Under Virginia’s Real Estate Settlement Agents Act, any person conducting a settlement in a real property transaction, including Notary Signing Agents, must be a licensed title insurance agent for the Commonwealth. According to the Virginia Bureau of Insurance, the handling of settlement funds, including the passing of a check for settlement costs from a borrower to a Notary Signing Agent, requires a title insurance license and an appointment from a title insurance company. Only attorneys, real estate brokers, financial institutions authorized to do business in Virginia under Title 55.1 or under federal law, or licensed title insurance companies and agents may perform real estate closings (COV 55.1-1003).

Requirements for a title insurance license include a minimum $250,000 of coverage through an errors and omissions or malpractice insurance policy, a minimum $100,000 of coverage through a blanket fidelity bond or employee dishonesty insurance policy, and a surety bond of not less than $200,000 (COV 55.1-1004.B).

Since the Virginia Bar Association has expressed no formal opposition to “witness closings,” some Notary Signing Agents do manage to operate in the Commonwealth without a title insurance license, but only in transactions that do not require them to handle settlement checks. If closing checks are involved, some signing services even instruct their Signing Agents to give overnight express envelopes to borrowers so that the borrowers themselves may forward a required settlement check without it being “handled” by the Signing Agent.

Recording Requirements

1. Recordable Documents: “All deeds, deeds of trust, deeds of release, certificates of satisfaction or certificates of partial satisfaction, quitclaim deeds, homestead deeds, grants, transfers and mortgages of real estate, releases of such mortgages, powers of attorney to convey real estate, leases of real estate, notices of lis pendens and all contracts in reference to real estate, which have been acknowledged as required by law, and certified copies of final judgments or decrees of partition affecting the title or possession of real estate, any part of which is situated in the county or city in which it is sought to be recorded, and all other writings relating to or affecting real estate which are authorized to be recorded, shall, unless otherwise provided, be recorded in a book to be known as the deed book. All deeds, deeds of trust, deeds of release, quitclaim deeds, grants, transfers, and mortgages of real estate or any addendum or memorandum relating to any of these instruments submitted for recordation in the deed books of the appropriate office of the clerk of court shall be prepared according to the requirements for deeds and deeds of trust as set forth in §§ 55-48 and 55-58, as applicable. The clerk may refuse to accept any instrument submitted for recordation that includes a social security number. However, the attorney or party who prepares or submits the instrument has responsibility for ensuring that the social security number is removed from the instrument prior to the instrument being submitted for recordation. The clerk shall be immune from suits arising from the recordation of any document, or the content of any document recorded, in the land records pursuant to this or any other applicable provision of this Code unless the clerk was grossly negligent or engaged in willful misconduct. Each instrument shall be indexed under all such names in accordance with the provisions of § 17.1-249” (COV 17.1-227).

2. Form and Legibility: “Except as provided in Article 4.1 (§ 17.1-258.2 et seq.) of Title 17.1, all writings which are to be recorded or docketed in the clerk's office of courts of record in the Commonwealth shall be an original or first generation printed form, or legible copy thereof, pen and ink or typed ribbon copy, and shall meet the standards for instruments as adopted under §§ 17.1-227 and 42.1-82 of the Virginia Public Records Act (§ 42.1-76 et seq.)” (COV 55-108).

3. Original Signature, Acknowledgment or Proof: “Except when it is otherwise provided, the circuit court of any county or city, or the clerk of any such court, or his duly qualified deputy, in his office, shall admit to record any such writing as to any person whose name is signed thereto with an original signature, when it shall have been acknowledged by him, or proved by two witnesses as to him in such court, or before such clerk, or his duly qualified deputy, in his office, or the manner prescribed in Articles 2 (§ 55-113 et seq.), 2.1 (§ 55-118.1 et seq.), and 3 (§ 55-119 et seq.) of this chapter. When such writing is signed by a person acting on behalf of another, or in any representative capacity, the signature of such representative may be acknowledged or proved in the same manner” (COV 55-106).

Go to top.

Notarial Acts in Virginia

1. Clerks and Deputy Clerks: Clerks and deputy clerks of general district courts “may take affidavits and administer oaths and affirmations, take and certify depositions in the same manner as a notary public, perform such other notarial acts as allowed under § 47.1-12, take acknowledgments to deeds or other writings for the purposes of recordation, and issue all other legal processes which may be issued by the judge of such court and exercise such other powers and perform such other duties as are conferred or imposed upon them by law …” (COV 16.1-69.40).
   “The clerk of the circuit court of any jurisdiction shall be immune from suit arising from any acts or omissions relating to providing official certificates and certified records in digital form of any document maintained by the clerk pursuant to this section unless the clerk was grossly negligent or engaged in willful misconduct” (COV 17.1-258.3:2).

2. Federal Employees: “An employee of the federal government authorized to perform notarial acts may perform notarial acts [in Virginia] in accordance with this chapter” (COV 47.1-13[C]).

Notarial Acts Outside of Virginia

“Notarial acts may be performed outside this Commonwealth for use in this Commonwealth with the same effect as if performed by a notary public of this Commonwealth by the following persons authorized pursuant to the laws and regulations of other governments in addition to any other person authorized by the laws and regulations of this Commonwealth:
“(1) A notary public authorized to perform notarial acts in the place in which the act is performed;
“(2) A judge, clerk, or deputy clerk of any court of record in the place in which the notarial act is performed;
“(3) An officer of the foreign service of the United States, a consular agent, or any other person authorized by regulation of the United States Department of State to perform notarial acts in the place in which the act is performed;
“(4) A commissioned officer in active service with the armed forces of the United States and any other person authorized by regulation of the armed forces to perform notarial acts if the notarial act is performed for one of the following or his dependents: a merchant seaman of the United States, a member of the armed forces of the United States, or any other person serving with or accompanying the armed forces of the United States; or
“(5) Any other person authorized to perform notarial acts in the place in which the act is performed” (COV 55-118.1).

Proof of Authority of Officer: “(a) If the notarial act is performed by any of the persons described in paragraphs (1) through (4) of § 55-118.1, other than a person authorized to perform notarial acts by the laws or regulations of a foreign country, the signature, rank, or title and serial number, if any, of the person are sufficient proof of the authority of a holder of that rank or title to perform the act. Further proof of his authority is not required.
“(b) If the notarial act is performed by a person authorized by the laws or regulations of a foreign country to perform the act, there is sufficient proof of the authority of that person to act if:
“(1) Either a foreign service officer of the United States resident in the country in which the act is performed or a diplomatic or consular officer of the foreign country resident in the United States certifies that a person holding that office is authorized to perform the act;
“(2) The official seal of the person performing the notarial act is affixed to the document; or
“(3) The title and indication of authority to perform notarial acts of the person appears either in a digest of foreign law or in a list customarily used as a source of such information.
“(c) If the notarial act is performed by a person other than one described in subsections (a) and (b), there is sufficient proof of the authority of that person to act if the clerk of a court of record in the place in which the notarial act is performed certifies to the official character of that person and to his authority to perform the notarial act.
“(d) The signature and title of the person performing the act are prima facie evidence that he is a person with the designated title and that the signature is genuine” (COV 55-118.2).

Go to top.

Circuit Court Clerk

An authenticating certificate for a Notary may be obtained at the office of the circuit court clerk where the Notary filed his or her oath of office.

Secretary of Commonwealth

Authenticating certificates for Notaries are also issued by the office of Virginia’s Secretary of the Commonwealth. They are issued either as a “Great Seal” certificate or an apostille, depending on the country of destination.

“The authentication only verifies that the Virginia Notary … is listed in our system, and they have notarized or issued your document correctly…. Documents must be properly notarized by a Virginia notary (as allowed by law) within the past 12 months prior to presenting to our office for authentication. If the document is not properly notarized by a Virginia notary, it will be returned for correction/completion” (website, “Authentications”).

1. Fees: $10 per document for authentication of a Notary’s signature, payable to “Secretary of the Commonwealth.”
   “If there are several documents signed by the same public official … on the same date for the same country, the fee is $ 10.00 for the first document and $5.00 for each additional document” (website, “Authentications”).

2. Address:
   Secretary of the Commonwealth’s Office
   Authentication Division
   1111 East Broad Street, 1st Floor
   Richmond, VA 23219

3. Phone: 1-804-692-0114

4. Procedure: Before documents are mailed to or dropped off at the Authentication Division, they must bear the proper original signatures, with all required certificates attached. All notarized documents must have been signed by the Notary no more than one year from the date submitted for authentication.
   The Authentication Division urges that documents be mailed in for processing rather than dropped off. Persons requesting authentication must include the appropriate fee, a cover letter with a contact name, daytime phone number and country of destination, and a self-addressed, prepaid return envelope. For the cover letter, an “Authentication Request” form is available on the website. The turnaround time for processing is generally five business days.
   For in-person drop-off of documents, all the requirements above still apply. In addition, a valid photo ID is needed in order to enter the building. The drop-off/pick-up schedule is posted on the website (website, “Authentications”).

Authentication of Electronic Acts

“On a notarized electronic document transmitted to another state or outside of the United States, electronic evidence of the authenticity of the official signature and seal of an electronic notary of the Commonwealth of Virginia, if required, shall be attached to or logically associated with the document and shall be in the form of an electronic certificate of authority signed by the Secretary that is independently verifiable, will be invalidated if the underlying document is improperly modified, and is in conformance with any current and pertinent international treaties, agreements and conventions subscribed to by the government of the United States” (COV 47.1-11.1).

However, “at this time, we cannot authenticate an electronic notarization with an Apostille or Great Seal authentication” (website, “Authentications”).

Go to top.

© 2024 National Notary Association.