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

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.

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.

All Notaries Need to Contact the VA Legislature RE Electronic Notarization

All notaries need to contact the members VA legislature as soon as possible in regards to the stalemate on electronic notarization. The electronic notarization law got passed and was suppose to go into effect July 1,2008. However, the executive branch stated that standards had not been set for electronic notarization. The members of the VA legislature need to be encouraged to determine what standards need to be set. I am personally cautious about electronic notarization. The person still needs to appear before the notary!!!!However, a device is inserted into the computer in some states. If this device is lost or stolen, this could be huge possibility for fraud. In all probability, only notaries with huge corporate account where major filings occur will be using the electronic notarizing even when the legislature sets the standardss. The blog on the right side has a link to the VA legislature.

ROLE OF THE NOTARY NOTARY DURING THE NOTARIZATION

DURING THE NOTARIZATION, THE NOTARY, NOT THE LAWYER, IS IN CHARGE. THE LAWYER IS LIMITED TO ANSWERING LEGAL QUESTIONS FROM THE CLIENT. THE NOTARY IS LIKE A HARBOR PILOT GUIDING A LARGE VESSEL TO THE DOCK. WITH THE NEW CHANGES IN VA LAW, I THINK MANY INSTITUTIONS WILL CURTAIL THEIR NOTARY OFFERING SINCE THERE IS A CLEAR CRIMINAL LIABILITY FOR SUPERVISORS OF NOTARIES IF THE NOTARY DOES SOMETHING ILLEGAL. WHEN STATE PROSECUTORS DISCOVER US VS PARKS, THEY WILL TURN INTO PIT BULLS WITH LAW LICENSES!!!!

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!!!!!

Changes in VA Notary Law effective July 1,2008

VA Notary Public class eNews is reporting the following:2008 Changes In Virginia Notary Law
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.