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Commonwealth of Virginia Notary Laws

    Legal Qualifications

    • To be a notary in Virginia the person must be 18 or older, able to read and write English and must not have been convicted of a felony. You do not need to be a U.S. citizen to be a notary in Virginia and people who don't reside in Virginia may become public notaries for the commonwealth if needed for their Virginia-based job. The notary's commission lasts four years and may be renewed.

    Notarial Acts

    • Virginia defines legal powers of the public notary as being able to certify affidavits, valid copies of documents and depositions. They are also able to administer oaths and acknowledge statements. Marriage, birth and death certificates are not within the scope of a notary's powers in Virginia.

    Where Virginia Notaries May Work

    • It is legal for a Virginia notary to perform notarial acts anywhere within the commonwealth. They may also act as notaries outside of Virginia, but with limited authority. If a Virginia notary acts as a notary in another state, he or she must still record the act in Virginia.

    Money

    • While a Virginia notary may perform their duties for free, as of August, 2010, they are not allowed by the commonwealth to charge more than $5 for their services. Additional fees may be charged if the notary was required to travel to perform the notarial act.

    Conflict of Interest

    • Virginia public notaries may not be witness to any document in which the notary or his spouse is mentioned as a party The notary may also not witness a document if the notary or his spouse will receive beneficial gain from the document. Notaries must also refuse to witness any signature if the signor can not prove who they are through valid identification.

    Details of Signing

    • A notary in Virginia is required to have a seal that she must obtain once they receive their commission. All documents the notary signs must be stamped with this seal and the image must be clear enough to be photocopied. The notary may sign a different page than where the notarized signature is, but the page the notary signs must state the name of the person for whom they are notarizing. The notary must indicate on the document the date and place of the act, the notary's commission number and expiration date and the notary's written and signed name.



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