Impostor Notary

From the VA Notary Handbook:
Impersonation of a Notary
"If a person who is not a notary attempts to notarize a document, or otherwise acts as a notary without authority, the impersonator may be found guilty of felony charges.

It should be noted that notaries whose commissions have expired and persons who have not yet received a commission do not have authority to act as a notary. A valid commission is necessary to perform any notarial act."


Employers need to check the notary appointments of all employees who are doing notarization. The VA Notary Handbook clearly states:

"Liability of the Notary’s Employer
The employer of a notary may be civilly or criminally liable for certain acts. The employer may be liable for damages caused by the notary’s official misconduct if:The misconduct was performed as part of the notary’s employment The employer knew about the misconduct, or should have known about it Any employer who encourages, threatens, or otherwise intentionally causes an employee to violate the notary laws may be found guilty of a misdemeanor "
Employers of notaries need to read United States v Park, 421 US 658 (1975) for their liability if they fail to take corrective action an employee notary engaged in criminal actions.

All VA notaries have been assigned a number and that number is generally on their individual stamp. VA will issue a document called an Apostle for a fee of $10 verifying the person is a VA Notary. I will never give anybody a copy of my appointment nor would I recommend any VA Notary give any client a copy. Employers are entitled to see the appointment. Because the copy of my appointment could be use to requisition notary supplies, I keep my appointment paper in a secure location.

If VA refuses to issue an Apostle because the VA notary number is not in the system, I would urge the individual to notify the VA State Police. Va State Police can be contacted on your cell phone #77 or 804-674-2000 or through their web page http://wwww.vsp.state.va.us/contact.shtm Impersonation of a VA Notary is a serious felony.

VA Notaries do not perform marriages or do fingerprinting

Va notaries are barred from performing marriages. Marriage Celebrants appointed by a VA Circuit Court are allowed to marry individuals within the jurisdiction of the Circuit Court. Other states do allow notaries to marry individuals; VA notaries need to lobby the VA legislature for a change in the VA Code. One person was visiting from Florida and ask me to perform her marriage ceremony. I explained to her that celebrants, not notaries, performed marriages in VA.

Notaries are not authorized to do fingerprinting in VA. Sheriff and Police departments offer fingerprinting service to their respective residents. Some states require notaries to fingerprint signers. Va does not. Aggressive examination of government issued id is what VA notaries should be doing. I requested addition id from an FBI agent who was wearing his FBI badge when his VA driver's license did not quite look like him. He had like many Virginia residents had renewed his VA driver's license on line for several years. His official FBI ID with photo looked like him. .Va has a new driver's license which will make all VA very happy.

The Dillon Rule and VA Notary Standards

Dillon Rule is best explained by Kindler writing in the Blue Commonwealth

"In a nutshell, the Dillon Rule prevents local governments in Virginia from exercising all but the most basic powers, except when expressly granted by the state legislature - thereby preventing our local governments from taking necessary, locally-appropriate actions unless and until our famously conservative General Assembly gives them permission to do so. (In many cases, fat chance of that.)

But this is not simply a Virginia rule, but one with a national, 100-year-old pedigree. The Dillon rule has applied nationwide since 1891, when the Supreme Court adopted the reasoning of one Federal Circuit Court Judge named John Forrest Dillon in a case affectionately known as Municipal Corporations. "

The VA Notary needs to to know that local entities can not develop notary standards. The VA code and the VA Notebook sets the standards for VA notarization.Some entities try to establish their standards; however, private attorneys are reluctant to protest these standards since frequently these entities have legitimate power over other issues. Clearly, what is a needed is an efficient mechanism where VA can order n VA entity to accept a properly notarized document!!!

VA Notaries can swear in Federal Employees

When a federal employee begins employment with agency or changes from one federal agency to another federal agency the employee is required to be sworn in. This is accomplish by a federal affidavit that is filled in by the employee and Va notary swears the employee in doing a jurat and filling in the location, date, signing the form and stamping the affidavit with the notary stamp showing commission expiration date, and appointment number. The literature is not clear whether a state notary can swear in a US President. However, a US President is a federal employee and I have concluded that a VA notary in VA could swear in a US President using the standard federal employee affidavit. However,I do not thing this issue will before any VA notary anytime in the future.

As I have clearly said in an earlier blog entry, all VA notaries are authorized to swear in witnesses for depositions on federal property located in VA

No Changes in VA Notary Law

A check of the internet and the web of the Secretary of the Commonwealth of VA shows no changes. Electronic notarization remain in limbo since the standards have not been approved and no notary has been appointed as an electronic notary. A special appointment is needed to become an electronic notary. As I have stated earlier, I do not expect electronic notarization to be common even if standards are approved and notaries are commissioned as electronic notaries.

I am very impressed with some couples

I am very impressed with some couples. I meet couples who are bravely standing by and helping a very disabled or ill spouse. Va law is very clear. All spouses are 100% disposable by reason of divorce anytime and for no reason. During my notary travels, it is wonderful to meet these loyal couples. Divorce is necessary at times. As I have stated earlier, when a spouse sends a torpedo into marriage, press the ejection button and get on a new airplane, Do not get angry. I am also seeing couples have come to an agreement to go their separate ways. I am pleased to notarize their agreement so they both can have a new beginning.

Does the Notary need to check the government photo id of the Witnesses?

I record and check the government photo id of witnesses. Furthermore,I sign them into my book. This is required if the notary certificate includes the names of the witnesses along with the signer(s). However, I do this regardless of what the notary certificate says. The client is not and should not be charged for this extra work. If there is controversy later, I have a record the witnesses in my notary journal.This may be redundant since many drafter of wills and power of attorney documents require the witnesses to put their name & address. Maybe it would also be good idea of signers and witnesses to also write down their email. People move. A very good British friend moved but I tracked him down since I had his email. People sometimes keep the same email for years.