CODE OF VIRGINIA
CODE OF VIRGINIASections of the Code of VirginiaPertaining to Notaries PublicPublished by theOffice of theSecretary of the CommonwealthMay 12, 2021Notary Public Division Post Office Box 1795Richmond, Virginia 23218-1795E-Mail: notary@governor.virginia.govTel. (804) 692-2536Fax (804) 371-0017
Section 17.1-270 Officer to state fees, etc., on affidavit, deposition or reportA notary or other officer returning affidavits or depositions of witnesses and a commissionerreturning a report shall state at the foot thereof the fees therefor, to whom charged and, if paid,by whom.Section 47.1-1 Short titleThis title may be cited as the "Virginia Notary Act."Section 47.1-2 DefinitionsAs used in this title, unless the context demands a different meaning:"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 thenotary or identified by the notary through satisfactory evidence of identity; and (iii) indicates tothe notary that the signature on the document was voluntarily affixed by the individual for thepurposes stated within the document and, if applicable, that the individual had due authority tosign in a particular representative capacity."Affirmation" means a notarial act, or part thereof, that is legally equivalent to an oath and inwhich an individual at a single time and place (i) appears in person before the notary andpresents a document; (ii) is personally known to the notary or identified by the notary throughsatisfactory evidence of identity; and (iii) makes a vow of truthfulness or fidelity on penalty ofperjury."Commissioned notary public" means that the applicant has completed and submitted theregistration forms along with the appropriate fee to the Secretary of the Commonwealth and theSecretary of the Commonwealth has determined that the applicant meets the qualifications to bea notary public and issues a notary commission and forwards same to the clerk of the circuitcourt, pursuant to this chapter."Copy certification" means a notarial act in which a notary (i) is presented with a document thatis not a public record; (ii) copies or supervises the copying of the document using a photographicor electronic copying process; (iii) compares the document to the copy; and (iv) determines thatthe copy is accurate and complete."Credible witness" means an honest, reliable, and impartial person who personally knows anindividual appearing before a notary and takes an oath or affirmation from the notary to confirmthat individual's identity.
"Document" means information that is inscribed on a tangible medium or that is stored in anelectronic or other medium and is retrievable in perceivable form, including a record as definedin the Uniform Electronic Transactions Act (§ 59.1-479 et seq.)."Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical,electromagnetic, or similar capabilities."Electronic document" means information that is created, generated, sent, communicated,received, or stored by electronic means."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."Electronic notarial certificate" means the portion of a notarized electronic document that iscompleted by the notary public, bears the notary public's signature, title, commission expirationdate, and other required information concerning the date and place of the electronic notarization,and states the facts attested to or certified by the notary public in a particular notarization."Electronic notary public" or "electronic notary" means a notary public who has beencommissioned by the Secretary of the Commonwealth with the capability of performingelectronic notarial acts under § 47.1-7."Electronic notary seal" or "electronic seal" means information within a notarized electronicdocument that confirms the notary's name, jurisdiction, and commission expiration date andgenerally corresponds to data in notary seals used on paper documents."Electronic signature" means an electronic sound, symbol, or process attached to or logicallyassociated with an electronic document and executed or adopted by a person with the intent tosign the document."Notarial act" or "notarization" means any official act performed by a notary under § 47.1-12 or47.1-13 or as otherwise authorized by law."Notarial certificate" or "certificate" means the part of, or attachment to, a notarized documentthat is completed by the notary public, bears the notary public's signature, title, commissionexpiration date, notary registration number, and other required information concerning the dateand place of the notarization and states the facts attested to or certified by the notary public in aparticular notarization."Notary public" or "notary" means any person commissioned to perform official acts under the
title, and includes an electronic notary except where expressly provided otherwise."Oath" shall include "affirmation.""Official misconduct" means any violation of this title by a notary, whether committedknowingly, willfully, recklessly or negligently."Personal knowledge of identity" or "personally knows" means familiarity with an individualresulting from interactions with that individual over a period of time sufficient to dispel anyreasonable uncertainty that the individual has the identity claimed."Principal" means (i) a person whose signature is notarized or (ii) a person, other than a crediblewitness, taking an oath or affirmation from the notary."Record of notarial acts" means a device for creating and preserving a chronological record ofnotarizations performed by a notary."Satisfactory evidence of identity" means identification of an individual based on (i) examinationof one or more of the following unexpired documents bearing a photographic image of theindividual's face and signature:a United States Passport Book, a United States Passport Card, a certificate of United Statescitizenship, a certificate of naturalization, a foreign passport, an alien registration card withphotograph, a state issued driver's license or a state issued identification card or a United Statesmilitary card or (ii) the oath or affirmation of one credible witness unaffected by the document ortransaction who is personally known to the notary and who personally knows the individual or oftwo credible witnesses unaffected by the document or transaction who each personally knows theindividual and shows to the notary documentary identification as described in clause (i). In thecase of an individual who resides in an assisted living facility, as defined in § 63.2-100, or anursing home, licensed by the State Department of Health pursuant to Article 1 (§ 32.1-123 etseq.) of Chapter 5 of Title 32.1 or exempt from licensure pursuant to § 32.1-124, an expiredUnited States Passport Book, expired United States Passport Card, expired foreign passport, orexpired state issued driver's license or state issued identification card may also be used foridentification of such individual, provided that the expiration of such document occurred withinfive years of the date of use for identification purposes pursuant to this title. In the case of anelectronic notarization, "satisfactory evidence of identity" may be based on video and audioconference technology, in accordance with the standards for electronic video and audiocommunications set out in subdivisions B 1, B 2, and B 3 of § 19.2-3.1, that permits the notary tocommunicate with and identify the principal at the time of the notarial act, provided that suchidentification is confirmed by (a) personal knowledge, (b) an antecedent in-person identityproofing process in accordance with the specifications of the Federal Bridge Certification
Authority, or (c) a valid digital certificate accessed by biometric data or by use of aninteroperable Personal Identity Verification card that is designed, issued, and managed inaccordance with the specifications published by the National Institute of Standards andTechnology in Federal Information Processing Standards Publication 201-1, "Personal IdentityVerification (PIV) of Federal Employees and Contractors," and supplements thereto or revisionsthereof, including the specifications published by the Federal Chief Information Officers Councilin "Personal Identity Verification Interoperability for Non-Federal Issuers.""Seal" means a device for affixing on a paper document an image containing the notary's nameand other information related to the notary's commission."Secretary" means the Secretary of the Commonwealth."State" includes any state, territory, or possession of the United States."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 toaccess a building, database, document, network, or physical site or (ii) validate an identitycredential on which satisfactory evidence of identity may be based.Section 47.1-3 Power of appointmentThe Governor may appoint in and for the Commonwealth as many notaries as to him shall seemproper. Any person who acts as a notary in the Commonwealth shall register with and becommissioned by the Secretary of the Commonwealth and otherwise be in compliance with theprovisions of this title.Section 47.1-4 Qualifications for appointmentTo be qualified to be commissioned as a notary in the Commonwealth, each such person (i) shallbe at least 18 years of age, (ii) shall be a legal resident of the United States, (iii) shall be able toread and write the English language, (iv) shall never have been convicted of a felony under thelaws of the United States, the Commonwealth, or any other state, unless such person has beenpardoned for such felony, has had his conviction vacated by the granting of a writ of actualinnocence, or has had his rights restored, and (v) shall otherwise be in compliance with theprovisions of this title. A nonresident of Virginia may register and be commissioned as a notaryonly if he is regularly employed in the Commonwealth and meets all of the requirements of thissection. A member of the armed services of the United States shall be eligible to register and be
commissioned as a notary notwithstanding the provisions of § 2.2-2800.Section 47.1-5 ApplicationNo person shall be commissioned as a notary public or electronic notary public pursuant to thistitle until he submits an application fee as set forth in § 2.2-409 and a complete and correctapplication to the Secretary of the Commonwealth, in a form prescribed by the Secretary, whichshall include the oath of the applicant, signed and sworn before some officer authorized by lawto administer oaths, that the answers to all questions on the application are true and complete tothe best of his knowledge and that he is qualified to be appointed and commissioned as a notarypublic. The Secretary may accept applications by electronic means.Any application fee shall be waived for an application filed by a clerk or deputy clerk of a circuitor district court.Section 47.1-5.1 Application for recommissionPersons already commissioned as notaries public or electronic notaries public pursuant to thistitle and who are submitting application for recommission as a notary or electronic notary maysubmit applications to the Secretary in person, by first-class mail, or online, provided onlineapplications contain electronic signatures, authorized by the Uniform Electronic TransactionsAct (§ 59.1-479 et seq.), as confirmation that the application has been signed and sworn pursuantto § 47.1-5.Section 47.1-6Reserved.Section 47.1-6.1 Standards of electronic notarizationThe Secretary of the Commonwealth shall develop standards for electronic notarization and theVirginia Information Technologies Agency shall provide assistance to the Secretary of theCommonwealth relating to the equipment, security, and technological aspects of the electronicnotarization standards. The process for developing and maintaining such standards shall be exemptfrom the Administrative Process Act (§ 2.2-4000 et seq.).Section 47.1-7 Additional requirements for performing electronic notarial acts.A. An applicant shall submit a registration form established by the Secretary for registeringand 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 tocreate an electronic signature in performing official acts;3. Certification of compliance to the Secretary of the Commonwealth with electronicnotary standards developed in accordance with § 47.1-6.1; and
4. The electronic mail address of the registrant.B. The registration form shall1. be signed by the applicant using the electronic signature described in the form;2. include any decrypting instructions, codes, keys, or software that allow theregistration to be read; and3. be transmitted electronically to the Secretary.C. Nothing herein shall be construed to prevent an electronic notary from using updatedtechnology or technologies during the term of the commission; however, the electronicnotary shall notify the Secretary electronically within 90 days of installation or use ofsuch updated technology or technologies and provide a brief description thereof.Section 47.1-8 Commission to be issued, etc.Upon receipt of a completed application and the correct fee, the Secretary, if satisfied theapplicant is qualified to be registered and commissioned as a notary public or electronic notarypublic, shall prepare a notary commission for the applicant which shall include a registrationnumber and forward the commission for a notary public or electronic notary public to the clerkof the circuit court in which the applicant shall elect to qualify. The Secretary shall thereuponnotify the applicant that the commission has been granted and where and how it may be secured.An electronic notary public may act as a notary public in all respects upon being commissionedas an electronic notary public.Section 47.1-9 Notary Oath; duties of clerksBefore receiving his commission, each person appointed a notary or electronic notary shallappear before the clerk of the circuit court to which his commission has been sent, presentsufficient satisfaction of evidence of identity as defined in § 47.1-2, and make oath as follows:"I, . . . . . . . . . . . . . . . ., solemnly swear (or affirm) under penalty of perjury, that I have carefullyread the notary laws of this Commonwealth, and am familiar with their provisions; that I willuphold the Constitution of the United States and the Constitution and laws of the Commonwealthof Virginia; and that I will faithfully perform, to the best of my ability, the duties of the office ofnotary public."Such oath shall be signed by the applicant and attested by the clerk. The clerk shall thereuponissue to the applicant his commission as notary public or electronic notary public. Withinfourteen days of such qualification, the clerk shall certify the fact of such qualification to theSecretary of the Commonwealth.No person shall be permitted to qualify who does not appear before the clerk within 60 days of
his appointment. The clerk of each circuit court shall, at least once each month, return to theSecretary all commissions which have not been claimed within such 60-day period, and theSecretary shall forthwith cancel the same.Section 47.1-10 Records of the SecretaryThe Secretary of the Commonwealth shall keep a record of the names of all notaries public andelectronic notaries public and the dates of their registration and qualification. The Secretary shallalso retain a specimen of the signature of each notary commissioned pursuant to this chapter. Thespecimen may be retained in photographic form.The Secretary shall also be required to retain the completed applications of persons seekingappointment 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.The Secretary may maintain these records in digital format.Section 47.1-11 Reference MaterialsThe Secretary shall prepare, from time to time, reference materials for notaries public andelectronic notaries public which shall contain the provisions of this title and such otherinformation as the Secretary shall deem useful.Copies of the reference materials shall be made available to persons seeking appointment asnotaries public and electronic notaries public as well as to other interested persons. The Secretarymay make the materials available in digital format but shall provide written copies of thematerials upon request.Section 47.1-11.1 Evidence of authenticity of electronic notarial actA. Form of evidence of authority of electronic notarial act. On a notarized electronicdocument transmitted to another state or country outside of the United States, electronicevidence of the authenticity of the official signature and seal of an electronic notary ofthe Commonwealth of Virginia, if required, shall be attached to or logically associatedwith the document and shall be in the form of an electronic certificate of authority signedby the Secretary that is independently verifiable, will be invalidated if the underlyingdocument is improperly modified, and is in conformance with any current and pertinentinternational treaties, agreements, and conventions subscribed to by the government ofthe United States.B. Certificate of authority for electronic notarial act. An electronic certificate of authorityevidencing the authenticity of the official signature and seal of an electronic notary of theCommonwealth of Virginia shall contain substantially the following words:Certificate of Authority for an Electronic Notarial Act
I, . (name and title), certify that . (name ofelectronic notary), the person named as Electronic Notary Public in theattached or associated electronic document, was commissioned as an ElectronicNotary Public for the Commonwealth of Virginia and authorized to act as suchat the time of the document's electronic notarization.To verify this Certificate of Authority for an Electronic Notarial Act, I haveincluded herewith my electronic signature this . day of ., 20 .(Electronic signature and seal of commissioning official)C. For issuing an electronic certificate of authority, the Secretary may charge a fee in anamount set by the Secretary.Section 47.1-12 PowersEach notary shall be empowered to perform the following notarial acts: (i) takeacknowledgments, (ii) administer oaths and affirmations, (iii) certify that a copy of anydocument, other than a document in the custody of a court, is a true copy thereof, (iv) certifyaffidavits or depositions of witnesses, (v) perform verification of fact, and (vi) perform suchother acts as may be specifically permitted by law.Section 47.1-13 Jurisdiction; powers outside the CommonwealthA. The powers of any notary commissioned pursuant to this title may be exercised anywherewithin the Commonwealth of Virginia.B. Any notary commissioned pursuant to this title may likewise perform notarial acts outside theCommonwealth, where such notarial acts are performed in accordance with this chapter.C. An employee of the federal government authorized to perform notarial acts may performnotarial acts in accordance with this chapter.D. An electronic notarial act performed in accordance with this chapter shall be deemed to havebeen performed within the Commonwealth and is governed by Virginia law.Section 47.1-13.1 Jurisdiction; powers outside the Commonwealth for use in theCommonwealthA. Notarial acts may be performed outside the Commonwealth for use in theCommonwealth with the same effect as if performed by a notary public of theCommonwealth by the following persons authorized pursuant to the laws and regulationsof other governments in addition to any other person authorized by the laws andregulations of the Commonwealth:1. A notary public authorized to perform notarial acts under the laws of that jurisdiction;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 otherperson authorized by regulation of the United States Department of State to performnotarial acts in the place in which the act is performed;4. A commissioned officer in active service with the armed forces of the United Statesand any other person authorized by regulation of the armed forces to perform notarialacts if the notarial act is performed for one of the following or his dependents: amerchant seaman of the United States, a member of the armed forces of the UnitedStates, or any other person serving with or accompanying the armed forces of theUnited States; or5. Any person authorized to perform acts in the place in which the act is performed.B. A document notarized outside the Commonwealth by a notary public or other personreferenced in subsection A which appears on its face to be properly notarized shall bepresumed to have been notarized properly in accordance with the laws and regulations ofthe jurisdiction in which the document was notarized.Section 47.1-14 Duty of CareA. A notary shall exercise reasonable care in the performance of his duties generally. Heshall exercise a high degree of care in ascertaining the identity of any person whoseidentity is the subject of a notarial or electronic notarial act.B. Unless such person is personally known by the notary, identity shall be ascertained uponpresentation of satisfactory evidence of identity as defined in this title.C. A notary performing electronic notarial acts shall keep, maintain, protect, and provide forlawful inspection an electronic record of notarial acts that contains at least the followingfor each notarial act performed:1. the date and time of day of the notarial act;2. the type of notarial act;3. the type, title, or a description of the document or proceeding;4. the printed name and address of each principal;5.the evidence of identity of each principal in the form of either a statement that theperson is personally known to the notary, a notation of the type of identificationdocument, which may be a copy of the driver's license or other photographic image ofthe individual's face, or the printed name and address of each credible witness swearingor affirming to the person's identity, and, for credible witnesses who are not personallyknown to the notary or electronic notary, a description of the type of identificationdocuments relied on by the notary; and6. the fee, if any, charged for the notarial act. If video and audio conference technologyauthorized 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 evidenceof identity, the electronic notary shall keep a copy of the recording of the video andaudio conference and a notation of the type of any other identification used. Theelectronic notary shall take reasonable steps to (a) ensure the integrity, security, andauthenticity of electronic notarizations, (b) maintain a backup for his electronic recordof notarial acts, and (c) ensure protection of such backup records from unauthorizeduse. The electronic record of an electronic notarial act shall be maintained for a periodof at least five years from the date of the transaction.D. A notary performing electronic notarial acts shall take reasonable steps to ensure that anyregistered device used to create an electronic signature is current and has not beenrevoked or terminated by its issuing or registering authority.E. A notary performing electronic notarial acts shall keep his record, electronic signature,and physical and electronic seals secure under his exclusive control and shall not allowthem to be used by any other notary or any other person.F. A notary performing electronic notarial acts shall use the notary's electronic signatureonly for the purpose of performing electronic notarial acts.G. A notary performing electronic notarial acts, immediately upon discovering that thenotary's record, electronic signature, or physical or electronic seal has been lost, stolen, ormay be otherwise used by a person other than the notary, shall (i) inform the appropriatelaw-enforcement agency in the case of theft or vandalism and (ii) notify the Secretary inwriting and signed in the official name in which he was commissioned.Section 47.1-15: ProhibitionsA notary shall not:1. Notarize a document if the signer is not in the presence of the notary at the time ofnotarization, unless:a. in the case of an electronic notarization, satisfactory evidence of the identity of thesigner is established in accordance with § 47.1-2 orb. otherwise authorized by law to do so.2. Use the official notary title or seal to endorse, promote, denounce, or oppose any product,service, contest, candidate, or other offering.3. Notarize a signature on a document without notarial certificate wording on the same pageas the signature unless the notarial certificate includes the name of each person whosesignature is being notarized.
4. Affix an official signature or seal on a notarial certificate that is incomplete.A notary shall not perform any official act with the intent to deceive or defraud.A nonattorney notary shall not assist another person in drafting, completing, selecting, orunderstanding a document or transaction requiring a notarial act. This section does not preclude anotary who is duly qualified, trained, or experienced in a particular industry or professional fieldfrom selecting, drafting, completing, or advising on a document or certificate related to a matterwithin that industry or field or prevent a notary from adding a notarial certificate or electronicnotarial certificate to a paper or electronic document at the direction of a principal or lawfulauthority.A notary may decline to notarize a document.Any document notarized prior to July 1, 2008, which does not have the notarial certificatewording on the same page as the signature, but otherwise appears on its face to be properlynotarized, shall be deemed validly notarized.Section 47.1-15.1 Additional prohibition on advertising; penalties.A. A notary public shall not offer or provide legal advice on immigration or other legalmatters, or represent any person in immigration proceedings, unless such notary public isauthorized or licensed to practice law in the Commonwealth or is accredited pursuant to 8C.F.R. § 292.2 to practice immigration law or represent persons in immigrationproceedings.B. A notary public shall not assume, use, or advertise the title of "notario," "notariopublico," or "licenciado," or a term in a language other than English that indicates in suchlanguage that the notary is authorized to provide legal advice or practice law, unless suchnotary public is authorized or licensed to practice law in Virginia.C. Any person who violates the provisions of subsection B is subject to a civil penalty not toexceed 500 for a first violation and a civil penalty not to exceed 1,000 for a second orsubsequent violation. All penalties arising under this section shall be recovered in a civilaction brought by the Attorney General in the name of the Commonwealth and theproceeds shall be deposited into the Legal Aid Services Fund established in § 17.1-278.D. Nothing in this section shall preempt or preclude additional civil, administrative, orcriminal penalties authorized by law.Section 47.1-16 Notarizations to show date of act, etc.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 certificatesigned by a notary in a manner that attributes such signature to the notary publicidentified on the commission.C. Upon every writing which is the subject of a notarial act, the notary shall, after hiscertificate, state the date of the expiration of his commission in substantially thefollowing form:"My commission expires the . . . . day of . . . . . ., . . . ."Near the notary's official signature on the notarial certificate of a paper document, the notaryshall affix a sharp, legible, permanent, and photographically reproducible image of the officialseal, or, to an electronic document, the notary shall attach an official electronic seal.D. The notary shall attach the official electronic signature and seal to the electronic notarialcertificate of an electronic document in a manner that is capable of independentverification and renders any subsequent changes or modifications to the electronicdocument evident.E. A notary's electronic signature and seal shall conform to the standards for electronicnotarization developed in accordance with § 47.1-6.1.Section 47.1-17 Change of nameAny notary duly registered and commissioned in this Commonwealth, who shall legally changehis name during his term of office as a notary shall, after such change of name, when performingany notarial act, have written or printed in or annexed to each certificate the words: "I wascommissioned notary as . . . . . . . .," or the equivalent. However, any electronic notary publicwho shall legally change his name shall make application with the Secretary for a new electronicnotary commission within 90 days of such legal name change.Section 47.1-18 Notice change of address, etc.A. Any notary public who changes the address of his residence shall forthwith notify theSecretary of the fact by mailing or delivering a written notice which shall contai
"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
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Department of Horticulture, Department of Biological Sciences, Virginia Water Resources Research Center, and Virginia Cooperative Extension, we were able to add 7 new faculty . Virginia Tech in 2010, and Ph.D. in Forestry from in Spring 2013. He Virginia Tech resides in rural West Virginia with his wife, two daughters, and many pets, where he
Issued in furtherance of Cooperative Extension work, Virginia Polytechnic Institute and State University, Virginia State University, and the U.S. Department of Agriculture cooperating. Mark A. McCann, Director, Virginia Cooperative Extension, Virginia Tech, Blacksburg; Alma C. Hobbs, Administrator, 1890 Extension Program, Virginia State .
