A Notary Public in Virginia is a public official who acts as an impartial witness to the signing of important documents. This role is fundamental to commerce and law, establishing the authenticity of a person’s signature and serving as a deterrent against fraud. The process of becoming a commissioned notary is managed by the Secretary of the Commonwealth and requires careful attention to legal requirements. Applicants must navigate a series of precise administrative and legal steps to receive their authority.
Essential Virginia Eligibility Requirements
Virginia law establishes specific personal qualifications for anyone seeking to be appointed and commissioned as a Notary Public. Applicants must be at least 18 years old and able to read and write English. They must also be legal residents of the United States. Residency requirements mandate that an applicant must either reside in the Commonwealth or be regularly employed in Virginia and perform notarial acts in connection with that employment. A felony conviction under the laws of any state or the U.S. is a disqualification unless the applicant has received a pardon or had their civil rights restored.
Preparing for the Notary Application
The preparation phase for a Virginia notary commission centers on knowledge acquisition rather than a mandatory training regimen. Virginia does not require applicants to complete a state-administered training course or pass an examination. However, applicants are legally expected to be knowledgeable about the duties and limitations of the office. The primary preparation step is to obtain and thoroughly study the latest edition of the Virginia Notary Handbook published by the Secretary of the Commonwealth. This handbook provides the statutory framework for all notarial acts and is the primary resource for legal compliance.
Completing and Submitting the Application
The administrative process begins by completing the application for appointment, available through the Secretary of the Commonwealth’s online Notary Management System or via a paper form. A non-refundable application fee of $45, payable to the Treasurer of Virginia, must be submitted. Initial applicants must have their signature on the application notarized by a currently commissioned Virginia Notary Public, attesting to the truthfulness of the information. Once complete, the application is mailed to the Secretary of the Commonwealth’s office for review. The office processes applications, which generally takes around two to three weeks for approval. Upon approval, the Secretary prepares the commission certificate and sends it to the Clerk of the Circuit Court designated by the applicant. The applicant then receives notification regarding the final qualification step at the courthouse.
The Commissioning and Oath Process
Receiving the notification of commission approval is not the final step, as the commission is not yet active until the applicant takes the oath of office. The newly commissioned notary must appear in person before the Clerk of the Circuit Court in the city or county selected on their application. This appearance must occur within 60 days of the commission issuance date to present satisfactory proof of identity and take the required oath. The oath affirms that the applicant has read the notary laws, is familiar with their provisions, and will faithfully perform the duties of the office. Failure to appear and take the oath within the strict 60-day period will void the commission entirely, requiring a new application and fee. A separate local filing fee, often $10, is typically paid to the court clerk at the time of qualification.
Necessary Notary Supplies
After the commission is secured, the notary must acquire the physical tools necessary to perform their duties legally and accurately. Virginia law mandates the use of an official seal or stamp on every notarial certificate for paper documents. The seal must be a sharp, legible, permanent, and photographically reproducible image, such as an inked stamp or an embosser. The seal must contain the notary’s name exactly as it appears on their commission, the words “Notary Public,” and “Commonwealth of Virginia.” Although not legally required for traditional acts, maintaining a detailed, chronological journal of all notarial acts is strongly recommended. The journal serves as a reliable record for resolving future disputes and demonstrating lawful conduct.
Understanding Virginia Notary Duties and Limitations
The authority granted to a Virginia Notary Public is specific and carries significant legal responsibilities, which center on verifying identity and witnessing a signature. Notaries must always require the signer to be physically present at the time of the notarial act, a rule that is only altered in the case of authorized electronic notarization. The notary must verify the signer’s identity through satisfactory evidence, such as a state-issued driver’s license or passport.
The core duties of a Virginia Notary Public include:
- Taking acknowledgments.
- Administering oaths and affirmations.
- Certifying affidavits or depositions of witnesses.
- Certifying true copies of documents.
Prohibited Actions
There are clear limitations on a notary’s power. Notaries are prohibited from notarizing their own signature or any document in which they have a direct financial or beneficial interest. Notaries are also strictly forbidden from practicing law, which includes giving legal advice, determining the legality of a document, or selecting the type of notarial act for a customer.
Fee Schedule
Virginia law sets a maximum fee schedule that a notary may charge for services, and charging more is a violation of the law. For standard notarial acts, the maximum fee is $10. Notaries may charge up to $25 for services involving an electronic document, acknowledging the additional technical requirements of that process. A notary may recover actual and reasonable travel expenses if an agreement is made with the client beforehand for travel outside the notary’s usual place of business.