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Friday, October 25, 2019
Official Documents Authentications Authentications Para instrucciones en espanol haga clik Beginning Monday, May 7, 2012, the Secretary of the Commonwealth’s Office will use a new format when issuing an Apostille. The purpose of an authentication by our office is to verify to foreign governments that certain Virginia officials are in good standing. Depending on the destination country, the authentication is issued either as a Great Seal or an Apostille. The authentication only verifies that the Virginia Notary, Virginia Clerk of Court, or Virginia Deputy State Registrar is listed in our system, and they have notarized or issued your document correctly. Authentication at the state level is not required for documents to be used within the United States or its territories. The Office of the Secretary of the Commonwealth does not regulate what documents are required by the foreign government. Documents issued by the FBI would be authenticated by the US State Department, not by the Virginia Secretary of the Commonwealth. 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. Please review the exceptions below. Exceptions – If your document is: a Vital Record (birth, death, marriage or divorce certificate), the document cannot be notarized and must be issued from the Department of Health - Vital Records Division within the past 12 months. Marriage certificates issued by the circuit court must contain a triple seal. a Court Record, the document cannot be notarized and must be issued from the appropriate Virginia Circuit Court within the past 12 months. This date must be reflected on the document in addition to the signature of the (Deputy) Clerk of Court. issued by the State Corporation Commission, the document must be issued by the State Corporation Commission within the past 12 months. Our office does not require the document be translated before submitting for authentication. FAQ's How do I prepare the documents? Before documents are sent to the Authentication Office, they must have the proper signatures (original signatures only) and/or certificates attached. All correspondence being sent to the Authentication Office must include a Cover Letter (PDF, 71kb | Word, 32kb) and the appropriate fee. What are the fees? The fee for authentication of documents is $ 10.00 per document, payable to the Secretary of the Commonwealth. If there are several documents signed by the same public official (notary public, deputy clerk, etc…) on the same date for the same country; the fee is $ 10.00 for the first document and $ 5.00 for each additional document. Can I mail the documents or do I need to make an appointment? So that we can accommodate our customers’ requests in a timely manner, we ask that you mail the documents . If documents must be dropped off for processing, the Drop-off/Pick –up schedule is below. Make sure to include the cover letter and the appropriate fee with all documents. MAIL-IN Instructions The general turnaround time for mail-in documents is 5 business days - please plan accordingly. Include a cover letter with contact name, daytime telephone number, the country where the document will be used, and a self-addressed, prepaid return mailer to return documents. Documents submitted without a return envelope and/or postage will be returned by the United States Postal Service regular delivery to the person submitting the documents. If the return postage exceeds $2 in mailing fees, the Office of the Secretary of the Commonwealth may contact the requestor to obtain postage prior to returning documents. The Office of the Secretary of the Commonwealth is not responsible for envelopes or packages lost in shipping to and from our office. Secretary of the Commonwealth’s Office Authentication Division 1111 East Broad Street, 1st Floor Richmond, VA 23219 DROP OFF Instructions A cover letter with daytime phone number must accompany documents to be authenticated. ***8:45 a.m. – 3:30 p.m. Monday – Friday except Federal and State Holidays. Pick Up Schedule Drop-off Day Time Pick-Up Day Time Monday – Friday Before 10 a.m. - less than 20 documents Same Day By 3:30 p.m. Monday – Friday Before 10 a.m. - 21 or more documents Next business day After 11 a.m. Monday – Friday After 10 a.m. - less than 20 documents Next business day After 11 a.m. Monday – Friday After 10 a.m. - 21 or more documents Next business day Call for status after 11 a.m. Where is the Authentication Office Located? Our office is located in downtown Richmond at 1111 East Broad Street, 1st Floor, Richmond, VA 23219 across from MCV Hospital in the Patrick Henry Building. The public entrance is on the back side of the building. You must have a valid photo-id to enter the building. Is an Apostille the same as an Authentication/Certification? An Apostille is a form of Authentication/Certification to be used in countries who are signed as a part of the Hague Convention. Why would a document be rejected? Each Virginia Notary Public has taken an oath of office, in part, stating they will follow a specific set of guidelines when notarizing documents. A Notary acknowledgement can be rejected for a variety of reasons, including, but not limited to: not having a proper acknowledgement on each document presented (notarial statement must reflect what is being notarized. i.e. – signature(s) or true copy of an original); the State and city/county where the document is being executed is not indicated; the notary’s registration number is either missing or incorrect; the notary’s expiration date is either missing or incorrect; the notary stamp or seal is either missing or incorrect; the notary did not sign his/her name on notarized document; notarization or issue date on the document is more than 12 months old; document is not dated; and the acknowledgement must be in English. To avoid delay in processing, be sure to look over your documents before submitting them to the Secretary of the Commonwealth’s Office to verify all information is accurate and present. How do I get a Vital Record (Birth, Death, Marriage, or Divorce Certificate) authenticated? In order for your vital record to be authenticated, it must have been issued by the Virginia Department of Vital Records within the past 12 months. For information on obtaining a copy of a birth, death, marriage or divorce certificate, call Vital Records at (804) 662-6200. Vital Record documents should only be signed by a State Registrar or Deputy State Registrar. Virginia law prohibits notarization of vital record (original or certified copy.) Marriage certificates can also be obtained from the Circuit Court in the city/county where the marriage was recorded. These black and white certificates must be accompanied by a Triple Seal Page, also called an Authentication of Record. This is a separate sheet of paper from the Court with the signatures and seals of the Court Clerk and Judge. This additional page must be attached to your document prior to submitting for authentication. A Death Certificate issued from the Department of Health (black and white copy) may be submitted for authentications if the death has occurred within four weeks of the authentication processing date. After this time, the certificate must be issued through Vital Records. How do I get business documents (i.e. Certificates of Good Standing) authenticated? Contact the State Corporation Commission at 804-371-9733 and tell the Specialist you need to order a document to be authenticated. Once issued, the document, cover letter, fee(s), and return mailer will need to be submitted to the Secretary of the Commonwealth’s Office for authentication. Documents issued by the State Corporation Commission do not need to be notarized. Can you authenticate or certify by Apostille a birth, death, marriage, or divorce certificate from another state or country? No. We can only authenticate or certify those certificates issued by the Virginia Department of Vital Records. Can you authenticate or certify by Apostille a document signed by a Notary or Clerk of Court from a state other than Virginia? No. We can only authenticate or certify documents signed by a Virginia Notary or Clerk of Court. What are the requirements for courier overnight envelopes? The Secretary of the Commonwealth’s Office is a scheduled “Air Delivery” pick-up location for FedEx and UPS. The office is also a scheduled “Ground Delivery” pick-up for UPS. If you wish to use “Ground Delivery” for FedEx, you must provide a prepaid, computer generated FedEx Ground shipping label (not the handwritten Ground label.) Once the documents are processed, we will contact FedEx Ground for pick-up. Either way you choose to have your document(s) returned (Air or Ground) you will need to supply this office with a pre-paid shipping label to have the document(s) returned via a courier service. If you do not supply a pre-paid shipping label, the document(s) will be returned via regular mail. Why does the Secretary of the Commonwealth’s Office affix the Apostille by stapling? A Special Commission met from October 28 to November 4, 2003 to discuss many issues regarding practical operation of the Hague in connection to Apostille, evidence and service conventions. The formal requirements of the Apostille were discussed and the Special Commission concluded that there are a variety of means of affixing an Apostille to a public document. These means may include rubber stamp, glue, (multi-colored) ribbons, wax seals, impressed seals, self-adhesive stickers, grommets, staples, etc. It is noted by the Special Commission that all these means are acceptable under the Convention, and that, therefore, these variations cannot be a basis for the rejection of Apostilles. Virginia has chosen the staple method of affixing the Apostille to the document. Can you authenticate a document that has been signed by a Virginia Electronic Notary Public (eNotary)? At this time, we cannot authenticate an electronic notarization with an Apostille or Great Seal authentication.
Wednesday, February 13, 2019
Home » Information What Is an Apostille Seal? By William Lynch What Is an Apostille Seal? Comstock/Comstock/Getty Images An Apostille seal is used to authenticate legal documents for use in foreign countries. A document with an Apostille, which is gold foil seal, requires no further certification from an embassy or consulate in order to be legal. History Apostille seals were introduced thanks to the 1961 Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents. The convention established rules governing the international recognition of legal documents. Significance An Apostille seal means the document can be used legally in a foreign country. However, only countries that signed Article 12 of the 1961 Hague convention will honor an Apostille. Use Apostille seals are used on such documents as adoption papers, diplomas, business authorizations, passports, police clearances and powers of attorney. Misconceptions An Apostille seal is not a normal notary public stamp. Apostille seals are administered only from the secretary of state’s notary public. Fact Apostille is French for “certification.” References Ohio Secretary of State: Apostilles & Authentications ForeignDocuments.com: Apostilles in Q&A Italian-Weddings.com: Apostille About the Author William Lynch has been a freelance writer for the past fifteen years, working for various web sites and publications. He is currently enrolled in a Master of Arts program in writing popular fiction at Seton Hill University. He hopes to one day become a mystery novelist.
Monday, January 28, 2019
Online Notary Application Renewal Current Virginia notaries public now have the option to submit a renewal application online if they meet certain requirements. To be eligible to use the notary renewal application with an electronic signature: Your notary commission expiration date cannot have been exceeded by more than 30 days. Your renewal name must be an exact match to the name on your current commission. You must pay online with a credit card at the time the application is entered and signed. You must create a Notary Management account Click here if you have had a name change or your commission has expired by more than 30 days, you are required to submit a new notarized application to our office. This application link is available once you have activated your Notary Management account. The Notary Management account log-in/creation link and the application link are located below the application instructions. To renew with the online application: You must first create and activate your Notary Management account. Answer the interview questions found on the online application (Notary Application Wizard). All questions must be complete. Review the information on your application for accuracy and electronically sign the document by typing your name exactly how the commission will read. By using the online application, you will not need to print the application or have it notarized. You are required to pay the notary application fee online at the time the application is submitted. This is an application fee and is non-refundable, non-transferable, and cannot be applied to another application.Clerks of Court, Deputy Clerks of Court, and application fees paid by a state agency transfer may still use the online renewal. Please contact our office by email at email@example.com for further instructions, once you have signed and submitted the application online. We ask that you provide your commissioned name, notary registration number, and date of birth so we are able to locate your information in our system. Our office will be able to process your application once it is electronically signed and paid. In 5-7 business days, notification will be sent to your preferred address notifying you that your commission has been sent to the court. To complete the renewal process, you will be required to report to the circuit court listed on your application to retake your oath and be sworn in. Once you have received notification from our office, you will need to contact the Circuit Court to take your oath and be sworn in. Our office will send out a notification letter to the preferred mailing address (home, business, email) selected by you on your application to let you know your application has been approved. At that time, you will need to contact the Circuit Court to verify they have received your commission and to make arrangements to take the oath. There is a $10 fee paid at that time to the court. If 2 1/2 weeks have passed and you haven’t received your notification, please check your application status online or contact our office by email at firstname.lastname@example.org. By law, you must claim your commission within 60 days after it is issued. If you fail to do so you must submit a new application and a new fee to become a Notary. Sometimes notices are lost in the mail or email. Failure to receive a notice will not permit you to receive a commission after the 60-day period has expired. Please note, if you are a notary whose commission expires in first few months of the calendar year (January, February, March), you should submit your application after the start of the new year. Applications approved prior to January will result in the commission expiring one year earlier than anticipated Create a notary management account and create notary application If you chose to submit a paper application without creating a Notary Management account, you may use this link to create your application → Application Wizard. This process will require you to print the application, have your signature notarized, and mail to our office with payment or payment receipt for processing.
Thursday, May 24, 2018
Tuesday, May 22, 2018
Monday, May 21, 2018
What Is the Difference Between Durable and Springing Power of Attorney? 91 Comments Follow Comments BY MARLO SOLLITTO | Last Updated 3.15.2018 A power of attorney (POA) document legally enables a person (called the “principal”) to appoint a trusted relative or friend (called the “agent”), to handle specific health or legal and financial responsibilities on their behalf. There are two types of power of attorney that afford different legal abilities. POA for healthcare gives an agent the authority to make medical decisions on behalf of the principal. POA for finances gives an agent the authority to make legal and financial decisions on behalf of the principal. These documents are crucial for enabling trustworthy family members to help manage an aging loved one’s medical care, bills and legal affairs. This assistance is invaluable for a senior who is incapable of making informed decisions for themselves. However, POA is also useful for seniors who are still competent but simply need an extra set of hands and eyes to help manage social security benefits, bills, long-term care decisions, etc. Families should prepare these legal documents long before incapacitation is a factor. A simple accident or illness could cause a loved one to suddenly become incapacitated, but POA documents allow agents to immediately step in and help manage the situation. Without medical and financial POA, family members must go through a great deal of red tape and expense in order to obtain guardianship so they can make decisions on a loved one’s behalf. This includes healthcare decisions, especially regarding end-of-life care, long-term care decisions, Medicaid planning and much more. Read: How to Get Guardianship of a Senior Drafting POA documents well in advance is also an important part of preparing for the possibility of dementia. Most seniors do not receive a diagnosis of dementia until their condition has progressed significantly and they have suffered serious cognitive impairment. Being proactive is crucial because a principal must be competent in order to establish a POA. Many families wait until it is too late to draft these documents, and those in the later stages of Alzheimer’s disease and other types of dementia typically are not mentally capable of legally appointing agents to act on their behalf. YOU MAY ALSO LIKE Free AgingCare Guides Because timing and a principal’s ability to make informed decisions are such important factors, there are two ways to write POA documents that can affect when they become “active” or “inactive.” With a durable POA, the document becomes effective immediately upon signing. The agent obtains legal authority to make decisions about matters detailed in the document and maintains it whether or not the principal ever becomes incapacitated. On the other hand, a springing POA names an agent in advance but does not grant them legal authority for decision making until the principal becomes incapacitated. The difficulty with springing POA is that the principal must be incredibly careful when specifying what type of event will activate the agent’s powers. If it isn’t crystal clear what kind of incapacitation triggers the POA, then the family may have to waste precious time going to court to determine if the principal meets the POA document’s conditions for incompetency and whether the agents are able to assume their duties. In most cases, some sort of certification from a doctor regarding competency is required to activate a springing POA. Less common in elder care legal planning is the non-durable POA. This type of POA takes effect immediately upon signing but does not remain effective once the principal is deemed incompetent. This type of POA is usually used in business transactions and is meant to grant an agent temporary authority to sign financial or legal documents when the principal is unavailable. People often balk at the thought of preparing and signing a power of attorney document. Some may feel frightened at the prospect of losing their independence, and some are afraid that the agent they appoint may go against their wishes. It’s essential, of course, to choose an agent wisely and to discuss the scope of their ability to act on your behalf. Keep in mind that these documents can be revised or revoked at any time, as long as the principal is still competent. Otherwise, it stays in force until the principal dies. To learn more about power of attorney documents and other estate planning and legal matters, find a reputable elder law attorney in your area and make an appointment for a consultation.