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VA Authentication Information

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.

Appostlle Seal is Not a Notary Stamp

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.

Current VA notaries can now renew their commission on line

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 notary@governor.virginia.gov 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 notary@governor.virginia.gov. 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.

Trusts 101 - Estate Planning With Trusts

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Living Trust Compared to Power of Attorney

Differences Between Durable And Springing Power of Attorney

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.

Five steps to Checking IDs

Notary Bulletin 5 Steps To Checking IDs By Bill Anderson on May 05, 2016 in Best Practices How to check an ID Updated 4-10-18. A Notary's duties require you to identify a signer — but you may be wondering how to tell if a signer's ID is genuine or not. Here are some practical tips to help you do just that. First, get to know your state’s IDs and U.S. passports because these are the IDs you’ll encounter most often. Become familiar with their security features: micro-printing, “ghost” photos, holograms, swipe stripes, barcodes and raised lettering (such as the raised date of birth found on Texas driver's license photos). Learn their informational elements, such as name, address, issue and expiration dates, on both the front and back of the ID and know where they are placed. Also, be sure to check for changes to your state's ID rules on a regular basis. In 2017, Florida added a veterans health ID card to the list of identification document Florida Notaries may accept from a signer, while California added consular and tribal IDs that are issued within the past 5 years, have a serial or identification number, and contain the signature, photograph and description of the individual to its list of acceptable IDs. And effective July 27, 2018, Arizona Notaries may accept a nonoperating ID license; an inmate identification card issued by Arizona Department of Corrections, if the inmate is in the custody of ADC or any form of inmate ID issued by a county sheriff, if the inmate is in their custody as proof of a signer's identity. Handy Resources For IDs from other states, a copy of the current edition of the NNA Keesing Documentchecker Guide is a good resource. The Guide is updated each year and includes the latest versions of IDs. Next, get a small ultraviolet or “blue light” and magnifying glass. The blue light will show hidden ID security features like holograms and ghost photos. The magnifying glass will help you spot micro-printing on the ID. Use these tools in front of the signer to show you’re serious about what you’re doing. 5 Steps To Checking IDs There are 5 simple steps to follow when checking any ID every time you perform a notarization. In order to follow these steps, ask the signer to hand you the ID so you can inspect it. Step 1. Look at the photo on the ID and then look at the signer. Then do it again. Make sure the photo and physical description reasonably match the signer. Step 2. Check the expiration date. Step 3. Make sure all informational elements on the ID are present — both front and back. Step 4. Use the blue light and magnifying glass to check the ID’s security features. Step 5. Have the individual sign your journal so that you can compare the signature in the journal with the one on the ID. Like the photograph and physical description, check the signatures to see if they are reasonably similar. All these steps should take less than a minute. The time will be well spent. Most signers will appreciate the lengths you’ve gone to protect them and their transaction from forgery. You also will go a long way toward protecting yourself against claims.

What to do when no notary certificate

3 Important Tips For When A Document Lacks A Notary Certificate By David Thun on April 11, 2018 in Best Practices confused-no-cert-resized.jpgThe simplest way to know what type of notarization is needed on a document is to look at the Notary certificate. If it is an acknowledgment form or the wording has any variation of the word “acknowledge” in it, you perform an acknowledgment. If it is a jurat or verification form, or the wording has the words “subscribed and sworn,” you perform a jurat or verification. But what do you do if there’s no certificate? Here are three important steps to follow in this situation: 1. Avoid the unauthorized practice of law. If you aren’t an attorney, remember that it’s against the law for you to provide unauthorized legal advice. This includes answering simple questions from a signer such as “What notarization do you think I should use here?” or “Which certificate form should I use?” Giving that sort of advice is a violation of law and can result in some states with being charged with a criminal offense or possibly losing your Notary commission. And, if you give a signer the wrong information and it causes the signer legal problems, you could be forced to pay costly damages in a lawsuit. When faced with the need to know the type of notarization a signer needs, always follow these rules: Never choose the type of notarization for the signer, even if the signer wants you to. Never give a signer advice about the type of notarization a particular document needs. For example, you should never say, “Most power of attorney documents I notarize require an acknowledgment.” You have no way of knowing if the signer’s document is an exception to the norm. Even if it isn’t, you’re unlawfully practicing law because you are applying legal concepts to a signer’s particular situation. 2. Ask the signer to choose. While you can’t choose the notarization for a document, the signer can. If the signer can tell you the type of notarization they want, you can simply proceed from there. However, most signers are unaware that there is more than one type of notarization or how to distinguish one from another. If the signer isn’t sure what they want, it’s OK to describe the different notarial acts the law authorizes you to perform and allow the signer to pick the one they want. For example, you can describe how acknowledgments and verifications (or jurats) differ and let the signer choose between them. Again, the most important thing is not to make the choice for them. 3. Check with the issuing or receiving agency. If the signer still isn’t sure which notarization they need, they should contact someone who knows. This could be the individual or agency that issued the document, or the one that will receive it. If they can’t provide help, the signer may need to consult with an attorney who can give legal advice about the document. David Thun is an Associate Editor at the National Notary Association.

Notary Needs to Check Information on New Notary Stamp Before Using the Notary Stamp

A mobile VA notary ordered a notary stamp and found out recently that the registration number was wrong. The client had applied for Authentication from the Virginia Secretary of the Commonwealth and was rejected. When the notary found out about the situation, the correct number was placed on the document The notary destroyed the stamp with the incorrect notary number and ordered a replacement stamp from another provider. The notary had another notary stamp with the correct notary number. The notary also showed the customer the notary appointment with correct notary number. The notary recommends all notaries check their notary stamp for the accuracy of information before using the stamp.

A PA notary was a significant witness against the Pa Attorney General

Notary Bulletin Notary’s Journal Key Evidence In High-Profile Criminal Trial By Michael Lewis on August 17, 2016 in Notary News Notary journal evidence in perjury case A Notary working in the Pennsylvania Attorney General’s office provided key evidence that helped convict her boss of perjury and several other charges. Prosecutors are praising the Notary for her superior recordkeeping practices. Kathleen Kane, who was elected Pennsylvania’s Attorney General in 2012, was convicted this week of nine counts of perjury, conspiracy and other charges, according to media reports. Prosecutors claimed that Kane leaked information to the media about a 2009 grand jury investigation in an attempt to retaliate against a political rival, and then tried to cover it up. Notary Wanda Scheib, a long-time administrative assistant in the Attorney General’s office, became involved when Kane testified before a grand jury in 2014 that she never signed secrecy oaths that required her to keep confidential information about state grand jury investigations that occurred prior to her term in office. But Scheib had notarized Kane’s secrecy oaths and duly recorded them in her journal — called a register of notarial acts in Pennsylvania — which she kept locked in a filing cabinet in her office. Pennsylvania Notaries are required to record all notarial acts. During the trial, Scheib testified that she struggled for several days over what to do. She worried about what might happen if she spoke up. She finally consulted a trusted co-worker, who helped her turn over the information to prosecutors. That led investigators to the signed oaths. Prosecutor Michelle Henry said investigators may never have discovered the signed oaths without Scheib’s help. “She does the hardest thing,” Henry is quoted by pennlivecom. “She picks up a phone and tells someone.” Michael Lewis is Managing Editor of member publications for the National Notary Association.

New Rules For ID for Notaries as of July 1,2016

"Satisfactory evidence of identity" means identification of an individual based on (i) examination of one or more of the following unexpired documents bearing a photographic image of the individual's face and signature: a United States PassportBook, a United States Passport Card, a certificate of United States citizenship, a certificate of naturalization, an unexpireda foreign passport, an alien registration card with photograph, a state issued driver's license or a state issued identification card or a United States military card or (ii) the oath or affirmation of one credible witness unaffected by the document or transaction who is personally known to the notary and who personally knows the individual or of two credible witnesses unaffected by the document or transaction who each personally knows the individual and shows to the notary documentary identification as described in clause (i). In the case of an electronic notarization, "satisfactory evidence of identity" may be based on video and audio conference technology, in accordance with the standards for electronic video and audio communications set out in subdivisions B 1, B 2, and B 3 of § 19.2-3.1, that permits the notary to communicate with and identify the principal at the time of the notarial act, provided that such identification is confirmed by (a) personal knowledge, (b) an antecedent in-person identity proofing process in accordance with the specifications of the Federal Bridge Certification Authority, or (c) a valid digital certificate accessed by biometric data or by use of an interoperable Personal Identity Verification card that is designed, issued, and managed in accordance with the specifications published by the National Institute of Standards and Technology in Federal Information Processing Standards Publication 201-1, "Personal Identity Verification (PIV) of Federal Employees and Contractors," and supplements thereto or revisions thereof, including the specifications published by the Federal Chief Information Officers Council in "Personal Identity Verification Interoperability for Non-Federal Issuers."

Update On VA Notary Law Can no longer accept expired ID

NationalNotary.org    •    1-800-US NOTARY    •    National Notary Association

Effective today, House Bill 189 allows you to accept a U.S. passport book or card as identification. The law also clarifies that any ID presented to you must not be expired. For more information and analysis about how this new law affects you, click the link above to access details in the NNA's free, easy-to-search Notary Laws database. Thank you!

New Guideline Unless you know the person No ID No Notary

A notary must always be completely satisfied with the identity of the person whose signature is being notarized. A notary is not obligated to notarize a person’s signature without being sure that the person is who he or she claims to be. Always check identification and be satisfied that the identification is valid. Never accept the word of a third party as being sufficient for identification to justify notarizing a person’s signature

Essentials For VA Notaries

IMPORTANT GUIDELINES FOR VIRGINIA NOTARIES The first and most important duty of a Virginia Notary Public is to become and continue to be thoroughly familiar with everything contained in The Virginia Handbook for Notaries. This is the operator’s manual for exercising the powers and responsibilities of the position. No one should perform any duty as notary without having an understanding of what this publication contains. Performing any duty of a notary in a manner that is contrary to the contents of the Handbook may result in the revocation of the notary’s commission and criminal prosecution resulting in a fine and jail time. Here are some very important points to remember that are based on frequently asked questions or complaints regarding service as a Virginia Notary Public: □ A notary is a public official appointed by the Governor. Even though a notary may hold that position to serve his or her employer, no employer or supervisor can impose requirements pertaining to a notary that are contrary to Virginia’s laws and regulations pertaining to notaries. □ A notary must always be completely satisfied with the identity of the person whose signature is being notarized. A notary is not obligated to notarize a person’s signature without being sure that the person is who he or she claims to be. Always check identification and be satisfied that the identification is valid. Never accept the word of a third party as being sufficient for identification to justify notarizing a person’s signature. □ A notary cannot notarize his or her own signature, the signature of his or her spouse or a document in which the notary or the notary’s spouse may benefit. For example, a notary cannot notarize a will in which a notary or the notary’s spouse is to be a beneficiary. □ A notary cannot certify birth, marriage, death certificates (copies or originals.) □ A notary is not authorized to perform marriages or any act that constitutes the practice of law. □ The term “acknowledged before me” means that the person signing the document has satisfied the notary as to be his or her identity and has actually signed the document while the notary was watching him or her doing it. □ A notary is not required to charge a fee for his or her services, but if a fee is charged, it cannot be more than $5.00 for each notarial act. □ A Virginia notary may notarize a document to be filed and used outside of Virginia if it is signed and notarized in Virginia. □ The notary must notify the Secretary of the Commonwealth’s Office of any changes to the information provided on their application during the course of their commission. □ A Virginia notary’s seal must be photographically reproducible and contain the name of the notary exactly as it appears on the notary’s commission, the words “Notary Public” and “Commonwealth of Virginia.” Stamps/seals must be ordered through an outside vendor. Information on stamp/seal must be accurate. The Office of the Secretary of the Commonwealth does not sell or make notary stamps/seals. □ There are seven (7) items required for the notary to state on each document being notarized: 1. The name of the county or independent city in which the document is signed 2. The date the document is signed. 3. The notarial statement – what is being notarized (i.e. a signature, a true copy of an original, or an oath) 4. The notary’s signature 5. The date that the notary’s commission expires (month, day, year) 6. Notary registration number 7. Photographically reproducible notary seal/stamp □ Every effort should be made to have complete notarization on the same page as the signature(s) being notarized. If notarization is on a separate page from signature(s), the notarial statement must include the name of each person whose signature is being notarized. □ If a notary has any questions or concerns regarding any act of a Notary Public, he or she should contact the Notary Section of the Office of the Secretary of the Commonwealth BEFORE performing that act. □ If a notary violates any law or regulation governing notaries public, the Secretary of the Commonwealth may revoke his or her commission. A notary may be criminally prosecuted for willful misconduct. It is a felony to act as a notary without having a valid commission and doing so may result in imprisonment for each offense. □ A notary’s commission may be renewed every fourth year by filing a new application with the Secretary of the Commonwealth’s Office. □ If there are any changes to the notary laws the information will be available by July 1 of every year under Official Documents on the notary website at www.commonwealth.virginia.gov or by calling the Secretary of the Commonwealth’s Office. □ We recommend creating a Notary Management account on our website. The Notary Management account will allow you to check the status of notary applications, update your contact information, and, if eligible, renew online. The log-on and creation link can be found under Official Documents on the Secretary of the Commonwealth’s website at www.commonwealth.virginia.gov R

What to do when you have lost notary items

From the VA Notary Handbook: LOST OR STOLEN NOTARY INFORMATION (§ 47.1-14) A (traditional or electronic) notary must immediately report, in writing, any lost or stolen electronic notary items to the Secretary of the Commonwealth’s office. If the items are believed to have been stolen, the electronic notary must also inform the appropriate law-enforcement agency.

Polite Invitation to testify in Court but no compensation

A VA notary received a polite invitation to testify in Arlington County Circuit Court on a probate case. Since the notary was not qualified as expert witness and not under subpoena, other than $22 for travel no compensation for 5 hours spent in Court was paid. The recommendation of the notary are 1) no pay no go 2) bring a lawyer and the VA notary handbook anytime you go to Court to avoid being abused by lawyers who are totally clueless on notary matters-the judge will not protect you from Rule 11 or 12 violations and 3) VA law needs to be amended to give the notary a specified per diem fee of $100. If the party requesting the notary's presence is indigent, the Court needs to be required to pay the notary's appearance fee. Another reference to bring to Court is Van Alstyne's Notary Public Encyclopedia available from the Notary Law Institute.

German Pension documents and the VA Notary

Germany requires that pensioners living in VA and other states to submit a notarized statement annually that the pensioner is still alive. The document calls for the pensioner to sign on the front of the document and the notary sign and stamp on the back.This does not meet VA standards of notarization. It is strongly recommenced that the stamp a complete VA acknowledgement and notary seal on the front and back but only charge for one notarization. Germany requires the pensioner to send a copy of identification presented to the notary. This copy is not notarized as a exact copy and is the sole responsibility of the pensioner to copy. If the pensioner is disabled, there is a provision in the document for a person to sign on behalf of pensioner but a medical certificate must be submitted. The instructions are in German,French, and English.

New Adoption Law for Contested Adoption

The following is the current addition to the existing VA Code section 63.2-1203, under number 4(C). C. In an adoption proceeding where the consent of a birth parent is required, but the petition for adoption alleges that the birth parent is withholding consent to the adoption, the court shall provide written notice to the birth parent of his right to be represented by counsel prior to any hearing or decision on the petition. Upon request, the court shall appoint counsel for any such birth parent if such parent has been determined to be indigent by the court pursuant to § 19.2-159. If you are approached my a parent who is desiring to give up custody for adoption to an out of state adoption, the notary may need to be cautious. The notary may be dealing with a contested adoption where indigent parent is required to have a court appointed lawyer. If the notary suspects a contested adoption, the needs to call the police and child protective services so the competent Juvenile and Domestic Court can sort out the case. Adoptions within VA should be done only State official is present. If parent wishes to execute a waiver of notice on an adoption, this is another matter. After going through the steps of notarization, the notary can execute a jurat. Waiver of Notice is also used in divorce cases. In all cases, the waiver of notice states the party wants no further notice or communications on the case.