What a Notary can do in the Commonwealth of Virginia

In the Commonwealth of Virginia, notaries public serve a vital role in preventing fraud and ensuring the integrity of official transactions. Appointed by the Secretary of the Commonwealth, a Virginia notary is a public officer who performs various official acts known as notarial acts. These responsibilities are governed by the Virginia Notary Act (Title 47.1 of the Code of Virginia).

Core Duties of a Virginia Notary

Virginia notaries are authorized to perform the following notarial acts:

1. Acknowledgments

One of the most common duties, this involves verifying the identity of the signer and confirming that they signed a document willingly. Acknowledgments are commonly used in real estate, legal, and financial documents.

2. Jurats

A jurat requires the signer to swear or affirm that the contents of a document are true. This is typically used in affidavits and depositions.

3. Oaths and Affirmations

A notary may administer oaths and affirmations, which are formal promises of truthfulness. These may be used in legal or governmental settings.

4. Certifying Copies

Notaries in Virginia can certify true copies of non-recordable documents (like diplomas or IDs) as long as they are not public records (e.g., birth certificates or marriage licenses).

5. Verification of Facts

In certain cases, notaries can verify facts or statements made under oath and document them officially.

Unique Features of Virginia Notaries

Virginia is one of the first states to authorize Remote Online Notarization (RON). This means a notary can perform notarial acts using audio-visual technology, allowing signers to be located anywhere in the world—so long as the notary is physically in Virginia at the time of the notarization.

Notary Requirements in Virginia

To become a notary in Virginia, applicants must:

• Be at least 18 years old

• Be a legal resident of the United States

• Live or work in Virginia

• Be able to read and write English

• Not have any felony convictions (unless rights have been restored)

No exam or training is required, although applicants must read and understand the Virginia Notary Handbook.

What a Notary Cannot Do

• Provide legal advice unless they are also a licensed attorney

• Notarize documents in which they have a personal interest

• Certify copies of vital records such as birth or death certificates

• Perform notarial acts outside the Commonwealth of Virginia, unless using authorized RON technology

• Notarize a document without witnessing the signature (for jurats) or without proper identification (unless personally known)

Conclusion

In Virginia, notaries public act as impartial witnesses who help uphold the law and protect the public from fraud. Whether administering an oath or verifying a signature, they play a crucial role in the legal and business community. With advancements like remote notarization, the duties of a notary continue to evolve, providing flexibility and access while maintaining high standards of integrity.