Authentication Defined and Explained by the VA Secretary's Web page

Authentications



The purpose of the authentications office is to verify to foreign governments that Virginia officials are in good standing. These officials include notary publics, clerks and deputy clerks of Virginia courts, registrars and deputy registrars of the Department of Health, and the Clerk of the State Corporation Commission.

Authentication of a notarized document is required for conducting international business by individuals and corporations in Virginia. All documents for Authentication must be less than one year old. This means that the issue date on Vital Records must be less than one year from the day processed by our office. On all documents signed by a Notary, Deputy Clerk, or any other Virginia official, that acknowledgement must have taken place less than one year from the day processed.

The Office of the Secretary of the Commonwealth does not regulate what documents are required by the foreign government.
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 postage will be returned regular delivery by the United State Postal Service to the person submitting the documents.

Secretary of the Commonwealth’s Office
Authentication Division
1111 East Broad Street, 1st Floor
Richmond, VA 23219

Read The Notary Certificate Carefully

All notaries should read the Notary Certificate carefully!!!!!!!!!!!!If the Notary Certificate contain the names of the witnesses and the signer(s), the notary must check the picture id of all witnesses and document signers and also check the witnesses understand what is happening.

VA Governor has appointed me to another term as Notary Public

The Governor of the Commonwealth has appoint me to another term as Notary Public for the Commonwealth at Large. My term runs through 3/31/20015. I elected to be sworn in at the Alexandria Circuit Court.

With the letter announcing my appointment there was a document entitled IMPORTANT GUIDELINES FOR VIRGINIA NOTARIES:
Some of the main points are:
1)A notary is a public official appointed by the Governor. No employer or supervisor may impose requirements pertaining to a notary that are contrary to Virginia's laws or regulations pertaining to notaries
2} "A notary can not notarize his or her own signature , the signature of his or her spouse, or a document in which the notary or notary's spouse may benefit."
3)" Every effort should be made to have complete notarization on the same page as the signature(s)being notarized. If the notarization is on a separate page from the signature(s), the notarial statement must include the name of each person whose signature being notarized."
4)Any new notary laws will be posted on July 1 on the web site www.commonwealth.virginia.gov/OfficialDocuments/Notary/notary.cfm

Notary Presentment

Some states may authorize the notary to be an independent witness to a person putting document in an envelope. Va notaries are barred from notarizing their own signature. Consequently, I have concluded Va notaries cannot do notary presentments. Va notaries can do jurats for affidavits but the person signing the affidavit has to be someone other than the notary or the notary's spouse.

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.

Are Supervisors of Notaries Criminal liable for the criminal acts of the notaries they supervise?

US vs Park, 421 U.S. 658 (1975) http://supreme.justia.com/us/421/658/ held that supervisor of a lower echelon employee could be held liable for the criminal misconduct of the employee if the supervisor did not take corrective action once the supervisor discovered the misconduct. The decision only applies to criminal actions,not civil matters. Clearly supervisor of notaries need to be watchful of their notaries.However,this would also apply to a school district executive who failed to take corrective action once embezzlement was discovered by the executive. A Principal who discovers an Assistant Principal engaged in obstruction of justice or witness tampering would required to take corrective action to avoid criminal prosecution. Once state prosecutor discover this decision they could turn into pit bulls with law licenses when they are dealing with criminal misconduct of notaries and their supervisors who failed to take corrective actions of the criminal misconduct of the notaries they supervise!!!!
The VA Notebook says the following:
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.

Checking the ID Of Your Ninety Year Old Client

Checking the id of your ninety year old client can be challenging, Yes the client has a government issued picture id. However, the picture is old and it is difficult sometimes to determine if that picture is really the client. You can have someone known to the notary with their own id swear under oath that the client is indeed Jane Smith. Additionally, visit my blog entry NO ID NO Notarization? However, you can also check what cards the client has with the name on it. Power of attorney document with very broad authority need to be approached cautiously. Furthermore, make sure the client understands the document and trust the person who is getting the power of attorney

REPRODUCIBLE NOTARY SEAL MUST BE USED BY ALL VA NOTARIES AS OF JULY 1, 2008

AS OF JULY 1,2008, ALL VA NOTARIES MUST USE A REPRODUCIBLE SEAL WITH NAME, APPOINTMENT NUMBER & COMMISSION EXPIRATION DATE. THIS IS A MAJOR DEVELOPMENT SINCE VA HAS NOT REQUIRED A SEAL IN THE PAST. THIS IS A MAJOR REASON TO KEEP YOUR NOTARY SEALS UNDER LOCK!!!!! Visit my web site http://Stephenhhoffman.vpweb.com

Important Changes For All VA Notaries To Know

"Here are some important changes in Virginia law that will be effective July 1, 2008:
• You may notarize a document without the notarial certificate being on the same page as the signature(s) being notarized, however the notarial certificate must include the name(s) of each person whose signature is being notarized.
• You must now affix a sharp, legible, permanent, and photographically reproducible image of the official seal near the notary’s official signature on the notarial certificate on a paper document" There are now significant criminal consequences for both notaries and supervisors of notaries for criminal misconduct!!!!!

Can a newly appointed notarize without a seal stamp?

A newly appointed VA notary told me he could not notarize any documents because he had not ordered his stamp. After July 1 2008,Va Notaries are now required to have reproducible seals. If a notary does notarize, the notary must sign the document,state clearly whether the notary did a jurat or acknowledgement,check the client's government photo id,determine if the client is cognisant of the document's content, write down the notary's commission expiration date, write down the location of the notarization (county or town Commonwealth of VA), write down the notary appointment number on the document, write down the date of the notarization, most important, the notary client needs to sign the document in the presence of the notary!!!!!!!!!!!!!It is highly recommended you have the client sign your notary book first and record the type of government photo id presented. You are required to have a notary seal asof July1, 2008 . If the client does not have a government photo ID, read my blog entry "No ID No Notarization?".