Understanding Virginia Notary Laws: What You Need to Know
Virginia has specific rules governing notarial acts - from acceptable ID to journal requirements. Here is what clients and notaries alike should understand before any signing.
Virginia notaries operate under the Code of Virginia, Title 47.1, which outlines everything from how a notary is commissioned to what must appear on a notarial certificate. Whether you are preparing to sign an important document or simply want to understand the process, knowing the basics of Virginia notary law helps the appointment go smoothly.
Who Can Commission a Notary in Virginia?
The Virginia Secretary of the Commonwealth commissions notaries public for a four-year term. To be eligible, an applicant must be at least 18 years old, a legal Virginia resident or employed in the Commonwealth, and able to read and write English. Notaries are not attorneys and cannot provide legal advice - their role is to verify identity and witness signatures.
Acceptable Forms of Identification
Virginia law requires notaries to verify the identity of each signer. Acceptable identification includes:
- A current government-issued photo ID such as a driver's license or passport
- A credible witness personally known to the notary who can vouch for the signer's identity
- Two credible witnesses who personally know the signer and present valid ID
Expired identification is generally not acceptable. If you are unsure whether your ID qualifies, contact your notary before the appointment.
Journal Requirements
Virginia notaries are not legally required to maintain a journal for most notarial acts, but it is considered best practice and is strongly encouraged by the National Notary Association. For electronic and remote online notarizations, however, a journal or electronic record is required by law.
At Mali + Co. Notary, we maintain thorough records of every notarial act as part of our commitment to professionalism and accountability.
Notarial Certificates
Every notarial act in Virginia must include a completed notarial certificate - the official language that identifies the type of act performed, the date, and the notary's signature and seal. Common certificate types include:
- Acknowledgment - The signer personally appears and acknowledges signing the document voluntarily
- Jurat - The signer swears or affirms that the contents of the document are true
- Copy certification - The notary certifies that a copy is a true and accurate reproduction of the original
If a document does not include a certificate, the notary may attach a loose certificate with the appropriate language.
What a Virginia Notary Cannot Do
Understanding the limits of a notary's authority is just as important as knowing what they can do. Virginia notaries cannot:
- Prepare legal documents or give legal advice
- Notarize a document if the signer is not present (except for authorized RON sessions)
- Notarize their own signature or a document in which they have a financial interest
- Certify the accuracy of a translation
If you have questions about whether a document requires notarization or what type of notarial act applies, consult a licensed Virginia attorney.
Preparing for Your Appointment
Knowing Virginia's requirements in advance makes the signing process faster and less stressful. Bring a valid, unexpired government-issued photo ID, review the document before your appointment, and make sure all blanks are filled in - notaries cannot notarize incomplete documents.
Mali + Co. Notary serves clients across Virginia with mobile and remote online notarization options. Contact us to schedule your appointment.
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