Paralegal Mediation Mobile Notary Practice and Science Math Tutoring Services
Thursday, December 11, 2008
Friday, November 21, 2008
Thursday, November 13, 2008
Saturday, July 5, 2008
Friday, June 27, 2008
Thursday, June 26, 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!!!!!
Monday, June 16, 2008
Sunday, June 15, 2008
Monday, June 9, 2008
Several changes will go into effect July 1, 2008
Notaries will not receive individual notifications of this year's changes. The changes will be posted to the Notary Registration Home Page at the end of June. courthouse
Expect to see changes in the following:
Notary application - the recommendation process is changing.
Loose certificate change - Currently notaries are required to notarize on the same page as the signer. Effective July 1, 2008 : The law says under prohibitions: Notarize a signature on a document without notarial certificate wording on the same page as the signature unless the notarial certificate includes the name of each person whose signature is being notarized.
Saturday, June 7, 2008
Tuesday, June 3, 2008
Monday, June 2, 2008
Tuesday, May 27, 2008
Monday, May 26, 2008
Friday, May 16, 2008
Thursday, May 15, 2008
Sunday, May 11, 2008
Friday, May 9, 2008
Thursday, May 8, 2008
Monday, May 5, 2008
Friday, May 2, 2008
Thursday, May 1, 2008
Tuesday, April 29, 2008
Monday, April 28, 2008
"Courts have neither defined the particular circumstances of fiduciary relationships nor set any limitations on circumstances from which such an alliance may arise. Certain relationships are, however, universally regarded as fiduciary. The term embraces legal relationships such as those between attorney and client, broker and principal, principal and agent, trustee and beneficiary, and executors or administrators and the heirs of a decedent's estate."
"A beneficiary (also, in trust law, referred to as the cestui que use) in the broadest sense is a natural person or other legal entity who receives money or other benefits from a benefactor. The beneficiary of a life insurance policy, for example, is the person who receives the payment of the amount of insurance after the death of the insured. The beneficiaries of a trust are the persons with equitable ownership of the trust assets, although legal title is held by the trustee. The term is also used in the context of a letter of credit for the party receiving the money related thereto. Beneficiaries in other contexts are known by other names: for example, the beneficiaries of a will are called devisees or legatees according to local custom.
A series of beneficiaries may be designated in many cases to designate where the assets will go if the primary beneficiary or beneficiaries are not alive or do not qualify under the restrictions in the given contract or legal instrument. Most commonly the restriction is that the beneficiary be alive, which, if not true, allows the assets to pass to the contingent beneficiaries. Other restrictions such as being married or more creative ones can be used by a benefactor to attempt to control the behavior of the beneficiaries. Some situations such as retirement accounts do not allow any restrictions beyond death of the primary beneficiaries, but trusts allow any restrictions that are not illegal or for an illegal purpose.
The concept of a "beneficiary" will also frequently figure in contracts other than insurance policies. A third party beneficiary of a contract is a person who, although not a party to the contract, the parties intend will benefit from its provisions. A software distributor, for example, may seek provisions protecting its customers from infringement claims. A software licensor may include provisions in its agreements which protect those who provided code to that licensor."
If a notary is a beneficiary, the notary can not notarize the document. If the notary is fiduciary, the notary can notarize the document.
Friday, April 25, 2008
Thursday, April 24, 2008
Tuesday, April 22, 2008
Monday, April 21, 2008
"Four of the constituent states of the United States officially designate themselves Commonwealths: Kentucky, Massachusetts, Pennsylvania, and Virginia. This designation, which has no constitutional impact, emphasizes that they have a "government based on the common consent of the people" as opposed to one legitimized through their earlier Royal Colony status that was derived from the King of Great Britain. The word commonwealth is of English derivation and refers to the common "wealth" or welfare of the public. In common parlance, people do not make the distinction between state or commonwealth.
Commonwealth of Kentucky
In 1785, residents of Kentucky County began petitioning the Virginia legislature for statehood. They wished the County to be recognized as a "free and independent state, to be known by the name of the Commonwealth of Kentucky." On June 4, 1792, Kentucky County, Kentucky officially became a state. The Constitution was changed as to the style for "all process and mandates" to "Commonwealth of Kentucky" in 1850; prior to that change "State of Kentucky" was used.
Commonwealth of Massachusetts
Massachusetts is officially named "The Commonwealth of Massachusetts" by its constitution. The name "State of Massachusetts Bay" was used in all acts and resolves up to 1780 and the first draft of the constitution. The current name can be traced to the second draft of the state constitution, which was written by John Adams and ratified in 1780.
Commonwealth of Pennsylvania
The Seal of Pennsylvania does not use the term, but legal processes are in the name of the Commonwealth and it is a traditional official designation used in referring to the state. In 1776, Pennsylvania's first state constitution referred to it as both "Commonwealth" and "State," a pattern of usage that was perpetuated in the constitutions of 1790, 1838, 1874, and 1968.
A detailed history describing the origins of Pennsylvania's government, including its designation as a commonwealth from colonial times, is available from the Secretary of the Commonwealth's office.
Commonwealth of Virginia
The name "Commonwealth of Virginia" dates back to its independence from Great Britain. Virginia's first constitution (adopted on June 29, 1776) directed that "Commissions and Grants shall run, In the Name of the Commonwealth of Virginia, and bear taste by the Governor with the Seal of the Commonwealth annexed." The Secretary of the Commonwealth still issues commissions in this manner. Among other references, the constitution furthermore dictated that criminal indictments were to conclude "against the peace and dignity of the Commonwealth." "
Sunday, April 20, 2008
Thursday, April 17, 2008
Wednesday, April 16, 2008
Tuesday, April 15, 2008
Failing to write down the notary's appointment number, failing to state whether the notary act was a jurat or acknowledgement, failing to state the date, failing to state the location, or the notary failing to sign will result in an invalid notarization. The notary's stamp does not cure the lack of the notary's signature. The notary's signature must be the same signature as the one recorded in the court house.
Monday, April 14, 2008
Friday, April 11, 2008
Thursday, April 10, 2008
Wednesday, April 9, 2008
Tuesday, April 8, 2008
Sunday, April 6, 2008
Thursday, April 3, 2008
Monday, March 31, 2008
Sunday, March 30, 2008
Friday, March 28, 2008
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"Apostille: Certification. An apostille, or postil, is properly a gloss on a scriptural text, particularly on a gospel text; however, it has come to mean an explanatory note on other writings. The word is also applied to a general commentary, and also to a homily or discourse on the gospel or epistle appointed for the day. Apostille is also a French word which means a certification. It is commonly used in English to refer to the legalisation of a document for international use under the terms of the 1961 Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents. Documents which have been notarised by a notary public, and certain other documents, and then certified with a conformant apostille are accepted for legal use in all the nations that have signed the Hague Convention.
States which have not signed the Convention must specify how foreign legal documents can be certified for its use. Sometimes two countries will have a special treaty concerning the recognition of each others documents, but usually not. When the country issuing or receiving the document does not recognise an apostille, you must usually take the document to the consulate of the foreign country you need to certify it or to an honorary consular officer appointed by that country who is qualifed to certify it. It may need to be certified by the highest government official in the country where it originated, such as the Secretary of State or Minister of Foreign Affairs, before being accepted by the consular officer of the foreign country, this process is known as chain authentication as an unbroken chain of government officials each certifies the signature (and seal in some cases) of the prior official in the first country and the consular officer then certifies that the document should be recognized as authentic in the country of destination. Usually that consular officer's signature can be authenticated in the country of destination as well."
Wednesday, March 26, 2008
When a Virginia Notary Public swears in client and then has the person sign, this is a jurat. The person making the statements could be prosecuted for perjury if the person knew that they were false. The notary does not guarantee the truthfulness or accuracy of the document.
When the Notary Public has the client sign the document, this is called an acknowledgement. In both cases the Notary has checked the signor's government picture identification, recorded the signor's signature in the notary's book, signed the notarized document, stated the location and date of the notary act, written the notary's number, and written down whether the notary act was a jurat(sworn) or an acknowledgement. In neither of these cases does the notary guarantee that the document is truthful or accurate.
Friday, March 21, 2008
"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, 17 k).
3. The fee for this service is $10.00 per document, payable to the Secretary of the Commonwealth.
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, 163 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:
Director of Authentications
Office of the Secretary of the Commonwealth
1111 East Broad Street, 4th Floor
Richmond, Virginia 23219
or use our Inquiry Form
Thursday, March 20, 2008
Requiring the notarization to be on the same page as the client signature is a significant change. I carry several stamps that bring documents into compliance with VA law if the document does not have the notarization on the same page as the client's signature. The notary also must specify what type of notary act was done. Location of the act must be clear. SS means location not social security number. Location means incorporated town or county or city and the Commonwealth of Virginia. Virginia is a Commonwealth; not a state.
Friday, March 14, 2008
Thursday, March 13, 2008
Before the term is up, the notary needs to apply for a reappointment. The notary is sworn in and then is able to notarize documents after the notary acquires a reproducible notary atamp. Notaries are not required to keep a book; most do.