Tuesday, January 19, 2010
Electronic Notarization Has Arrived in VA
Electronic notarization has arrived in VA. You need to be a Va notary and need to apply for a separate appointment and need to buy from suppler equipment. I have decided not to apply for the following reasons: 1)no demand and 2) an expense with no known return. The client still needs to appear before the notary. The notary is required to have an electronic record and back up. None of the notaries see a demand for this at this time. Virginia .gov has the Frequently Asked questions and application questions http://www.commonwealth.virginia.gov
Monday, December 14, 2009
Apostle or Authentication Explained By VA Secretary of the Commonwealth
This is from the Web Page of the Scretary ofVirginia
"Authentications
The purpose of authentications is to verify for foreign governments that a Virginia official is 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. Please note: Various states and embassies refer to the Authentication process differently; it can also be described as Legalization or Certification.
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 that we process it. On all documents signed by a notary, Deputy Clerk, or any other Virginia official, that signing must have taken place less than one year from the day that we process it.
The Office of the Secretary of the Commonwealth does not regulate what documents are required by the foreign country. To verify the required documents, contact the embassy of the country to which the documents will go.
International Authentication – Individual Use
For international acceptance, the official state registry of birth, death, marriage and divorce must be obtained from the Department of Vital Records. For information on obtaining a copy, call Vital Records at (804) 662-6200. These Vital Record documents should only be signed by a State Registrar or Deputy State Registrar, and not notarized.
Marriage certificates can also be obtained from the Circuit Court in the city 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 our office Authenticating it.
All other documents requiring authentication for foreign use should be notarized by a Virginia notary. These documents include Power of Attorney, school transcripts and diplomas, and copies of passports and immigration paperwork. Please follow the instructions below.
1. Enclose a cover letter with your name, address and phone number. Also include the country the you need the document authenticated for.
2. You may use our Authentications Request form as your cover letter (pdf, 18 k) or (word doc, 30 k).
3. The fee for this service is $10.00 per document, payable to the Secretary of the Commonwealth. For each authenticated document after the first document, if the testament bears the same name and on the same date the charge will be $5 for each proceeding document.
4. Please be sure to enclose a prepaid return mailer. This can be regular mail, Fed X, UPS, DHL, etc. We recommend using Fed Ex or UPS for both speed and reliability.
If you have vital records or other documents notarized from another state, you must send those documents to the Secretary of State for that state.
If you have marriage or birth certificates from another country, you must send those to the U.S. State Department, which can be contacted at 1-800-333-4636.
All documents besides Vital Records and Court Marriage Certificates must be notarized by a Virginia notary. Notaries must include ALL information required in the handbook. When there is no signature for a notary to notarize, such as passports, INS documents and academic records, notaries may notarize the documents as true and exact copies of originals. Specific information is found in the Acknowledgment Section of the Notary Handbook (pdf, 152 k) or (rtf, 436 k).
International Authentication – Corporate Use
In order to conduct business in other countries, certain documents are required by foreign governments.
Documents may include Certificates of Good Standing, Articles of Incorporation and Corporate Amendments and Resolutions. They may be obtained through the State Corporation Commission. These documents will bear the signature of the Clerk of the State Corporation Commission and do not need notarization. To obtain these records, contact the Clerks Office in the State Corporation Commission at (804) 371-9733. All other documents pertaining to international business must be notarized following the handbook procedures.
For further information/mailing address:
Betsy Anderson
Director of Authentications
Office of the Secretary of the Commonwealth
1111 East Broad Street, 4th Floor
Richmond, Virginia 23219
(804) 786-2441
or use our Inquiry Form"
"Authentications
The purpose of authentications is to verify for foreign governments that a Virginia official is 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. Please note: Various states and embassies refer to the Authentication process differently; it can also be described as Legalization or Certification.
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 that we process it. On all documents signed by a notary, Deputy Clerk, or any other Virginia official, that signing must have taken place less than one year from the day that we process it.
The Office of the Secretary of the Commonwealth does not regulate what documents are required by the foreign country. To verify the required documents, contact the embassy of the country to which the documents will go.
International Authentication – Individual Use
For international acceptance, the official state registry of birth, death, marriage and divorce must be obtained from the Department of Vital Records. For information on obtaining a copy, call Vital Records at (804) 662-6200. These Vital Record documents should only be signed by a State Registrar or Deputy State Registrar, and not notarized.
Marriage certificates can also be obtained from the Circuit Court in the city 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 our office Authenticating it.
All other documents requiring authentication for foreign use should be notarized by a Virginia notary. These documents include Power of Attorney, school transcripts and diplomas, and copies of passports and immigration paperwork. Please follow the instructions below.
1. Enclose a cover letter with your name, address and phone number. Also include the country the you need the document authenticated for.
2. You may use our Authentications Request form as your cover letter (pdf, 18 k) or (word doc, 30 k).
3. The fee for this service is $10.00 per document, payable to the Secretary of the Commonwealth. For each authenticated document after the first document, if the testament bears the same name and on the same date the charge will be $5 for each proceeding document.
4. Please be sure to enclose a prepaid return mailer. This can be regular mail, Fed X, UPS, DHL, etc. We recommend using Fed Ex or UPS for both speed and reliability.
If you have vital records or other documents notarized from another state, you must send those documents to the Secretary of State for that state.
If you have marriage or birth certificates from another country, you must send those to the U.S. State Department, which can be contacted at 1-800-333-4636.
All documents besides Vital Records and Court Marriage Certificates must be notarized by a Virginia notary. Notaries must include ALL information required in the handbook. When there is no signature for a notary to notarize, such as passports, INS documents and academic records, notaries may notarize the documents as true and exact copies of originals. Specific information is found in the Acknowledgment Section of the Notary Handbook (pdf, 152 k) or (rtf, 436 k).
International Authentication – Corporate Use
In order to conduct business in other countries, certain documents are required by foreign governments.
Documents may include Certificates of Good Standing, Articles of Incorporation and Corporate Amendments and Resolutions. They may be obtained through the State Corporation Commission. These documents will bear the signature of the Clerk of the State Corporation Commission and do not need notarization. To obtain these records, contact the Clerks Office in the State Corporation Commission at (804) 371-9733. All other documents pertaining to international business must be notarized following the handbook procedures.
For further information/mailing address:
Betsy Anderson
Director of Authentications
Office of the Secretary of the Commonwealth
1111 East Broad Street, 4th Floor
Richmond, Virginia 23219
(804) 786-2441
or use our Inquiry Form"
Friday, October 30, 2009
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.
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.
Thursday, September 17, 2009
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.
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.
Monday, August 31, 2009
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!!!
"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!!!
Sunday, August 2, 2009
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
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
Sunday, July 5, 2009
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.
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