Contents
A notary public is a person who has been appointed by the state to serve as an impartial witness to the signing of important documents.
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Introduction
In Virginia, anyone over the age of 18 can become a notary public. There is no residency requirement, but you must have a valid Virginia driver’s license or identification card. You must also be able to read and write English. The following steps will guide you through the process of becoming a notary public in Virginia.
1. Complete a Notary Public License Application. This form is available online at the Virginia Department of the Treasury’s website or from any circuit court clerk’s office.
2. Include the required application fee with your completed application form. The fee is $45 for new notary applicants and $30 for renewing notaries.
3. Submit your completed application and fee to the circuit court clerk in the city or county where you reside OR maintain your principal place of business. If you do not reside or maintain a business in Virginia, submit your application to the circuit court clerk in the city or county where you will perform most of your duties as a notary public.
4. Take and pass an examination on notary procedures and Virginia law administered by either the circuit court clerk or a deputy clerk designated by the court (the application form will include instructions on how to schedule an examination). The examination fee is $10 payable to the court when you take the exam. If you fail the exam, you may retake it once without paying an additional fee. Upon successfully passing the exam, you will be sworn in as a notary public by a judge or clerk of the court. You will also be required to provide proof of successful completion of a Notary Public Education course approved by the Secretary of the Commonwealth prior to being commissioned as a notary public (the course must be completed within 12 months prior to taking office). A list of approved courses is available on our website: https://notaries.vlocalgovlaw/courses/. The cost of this course varies and is payable to the provider at time of registration/enrollment. After taking oath, you will be given your official Notary Public Commission certificate which must be kept in a safe place as it is valid for four years from date of issue; this certificate must be renewed every four years thereafter if you wish to remain commissioned as a Virginia notary public over an extended period time . You should receive your commission certificate within approximately two weeks after taking oath if all requirements have been met satisfactorily . It is important that you frame or keep your commission certificate in a safe place as it may be required for re-commissioning purposes if lost, stolen or destroyed .
Qualifications
In order to become a Notary in the state of Virginia, there are a few qualifications you must meet. First, you must be at least 18 years old. Second, you must be a resident of Virginia or have a place of business in Virginia. Third, you must have a clean criminal record. Finally, you must complete a Notary education course.
Be at least 18 years old
To become a notary in Virginia, you must:
Be at least 18 years old
Be a resident of Virginia or employed in Virginia
Have not been convicted of a felony
Complete a Notary Public Education Course approved by the Virginia Court Clerks’ Association
Submit an original application, fee, and bond to the circuit court clerk in the jurisdiction where you reside or are employed
Be a resident of Virginia
You must be a resident of the Commonwealth of Virginia in order to become a notary. You can reside in any state and apply for a Virginia notary commission as long as your principal place of residence is in Virginia.
Be a U.S. citizen or legal permanent resident
You must be a U.S. citizen or legal permanent resident of the United States in order to become a notary public in Virginia. If you are not a U.S. citizen, you must provide proof of your legal status in the form of a green card, naturalization certificate, or other documentation as required by the Virginia Notary Public Commission.
Complete a Notary Education Course
You must class must be completed with a passing score before you can sit for the state notary examination. The notary education requirements in Virginia are fulfilled by completing an approved notary education course.
Pass a Notary Examination
You must first pass a notary examination administered by the Circuit Court in the jurisdiction where you will perform notarial acts. The examination is open to any person who is a legal resident of Virginia, is at least 18 years old, and has not been convicted of a felony.
To help you prepare for the examination, the Clerk’s Office provides study materials and information about upcoming test dates. You can also find practice exams online.
Applying for a Notary Commission
A notary is a public officer who witnesses the signing of important documents and took an oath to sign them. The notary’s main duty is to prevent fraud. In order to become a notary in the state of Virginia, you must first complete an application. The application must be notarized and then sent to the Virginia Secretary of the Commonwealth’s office.
Complete the Notary Commission Application
You must complete the Notary Commission Application online through the Department of the Treasury’s eNotarize platform or print and mail the application to the Notary Section. The application must be legible and in black ink. Please answer all questions truthfully. If you have ever been convicted of a crime, you must provide information about the offense on the application. You may check “no” for Question 16 if your criminal conviction happened when you were a juvenile and your record has been sealed.
Submit the Application to the County Circuit Court
You must submit the Application for Appointment as a Notary Public (available below) to the County Circuit Court in which you reside or have a place of business. The Clerk of the Court will keep the completed application on file and forward it to the Secretary of the Commonwealth.
You must take the Oath of Office administered by a Judge or Clerk of Court and have your signature notarized on the application before submitting it to the Clerk. The Oath and your notarized signature are proof that you have taken office as a notary public.
Take the Oath of Office
After you have completed the above requirements and have been appointed by the Court, you must take the Oath of Office before a Judge or Clerk of the Court. The Oath of Office can be found on the back of your Appointment Certificate. Please contact the Court to schedule a time to take the Oath of Office.
Maintaining Your Commission
As a Notary Public in the Commonwealth of ia, you are a public servant commissioned by the state to serve the public. Your duties as a Notary are to prevent fraud, deter crime, and protect the individual rights of the citizens of ia. You are expected to maintain the highest standards of professional and ethical conduct.
Purchase a Notary Seal
You will need to purchase a notary seal which must be used on all notarized documents. The seal must be round, have a serrated or milled edge border, and contain the following information:
-Your name
-The words “Notary Public”
-The words “State of Virginia”
You may also include your commission number and the expiration date of your commission, but it is not required. Seals can be purchased from a variety of sources, including office supply stores, printer supply stores, and online retailers.
Renew Your Commission Every Four Years
To keep your notary commission active, you must renew it every 4 years. The Virginia Department of the Treasury’s Bureau of Insurance will send you a renewal notice by mail about 60 days before your commission expires. If you do not receive a renewal notice, you can still renew online or by mail using a paper application.
Keep a Record of Your Notarizations
You should keep a record of every notarization you perform. This can be either in an electronic or paper format, but you must include the following information for each notarization:
-The type of notarization
-The date of the notarization
-The signer’s name
-The signer’s address
-The title or capacity in which the signer appeared
-A brief description of the document that was notarized
You should store your records in a safe and secure place, and you must keep them for at least 10 years after the date of the notarization.
Performing Notarizations
Notaries in Virginia are needed to witness the signing of important documents and to administer oaths. The first step to becoming a Notary is to purchase a surety bond. The surety bond is a form of insurance that protects the state from any losses that may occur as a result of wrongful acts by the Notary. The next step is to take an approved Notary course.
Determine if the Document Requires Notarization
The first step in becoming a notary is to determine if the document requires notarization. Some documents—such as contracts, powers of attorney, and advance directives—commonly require notarization. Other documents may require notarization if specified by the signer or by state law.
To determine if a document requires notarization:
-Check state laws. Some states require specific types of documents to be notarized.
-Read the document. The document should specify if it needs to be notarized.
-Ask the signer. The person who will sign the document can tell you if it needs to be notarized.
Determine if the Person is Eligible to Sign the Document
The first step in notarizing a document is to make sure that the person who is signing the document is eligible to do so. In order for a person to sign a document, they must be of sound mind and body and be of legal age. If the person is not of sound mind or body, they will not be able to make a legal signature. If the person is not of legal age, they will need to have their parent or guardian sign the document on their behalf.
Witness the Person Signing the Document
You must witness the person signing the document. The signer must be present when you notarize the document. You cannot notarize a signature that has already been made.
The signer must be physically present in front of you, not just virtually present on a screen. In other words, you must be able to see the person sign the document with your own eyes, in real time. The only exception to this rule is if the signer is unable to physically appear before you due to illness or disability, in which case you may notarize a signature by audio-video technology under certain circumstances (see below).
You must be able to communicate with the signer directly, without a go-between. This means that if a signer is using a translator, you must speak to the signer, not the translator. The translator can interpret your questions for the signer and vice versa, but you and the signer must be able to understand each other directly without going through a third person.
Complete the Notarial Certificate
In order to become a notary in Virginia, you must first complete a Notarial Certificate. The certificate must be completed by an individual who is at least 18 years of age and who is a resident of the Commonwealth of Virginia.
The certificate must be signed by the applicant and witnessed by two individuals who are over the age of 18 and who are residents of the Commonwealth of Virginia. The witness signatures must be notarized by a notary public.
The completed certificate must be filed with the Clerk of the Circuit Court in the county or city in which the applicant resides.
There is a filing fee of $10, which must be paid at the time the certificate is filed.
Affix Your Official Seal
After you have completed the necessary training and passed the state notary exam, you will be ready to affix your official seal to documents. The type of device you use is up to you, but it must meet the specifications set forth by the state of Virginia.
Your official notary seal must contain the following information:
-Your name
-The words “Notary Public”
-The words “State of Virginia”
You may choose to include your commission expiration date on your seal, but it is not required.
Once you have your official notary seal, you will use it to stamp or emboss every document you notarize. The document must also contain the following information:
-The date of the notarization
-The type of notarization performed (e.g., acknowledgment, jurat, etc.)
-Your official title (e.g., Notary Public)
-Your commission expiration date (if included on your seal)
Notarizing Documents with Electronic Signatures
A notary is an individual who has the legal authority to witness signatures on documents. In order to become a notary in Virginia, you must first complete an application and submit it to the Virginia Notary Commission. You will also need to take an oath of office and have your signature notarized.
Verify the Person’s Identity
The first thing you need to do when notarizing a document is to verify the person’s identity. You can do this by asking to see their driver’s license, passport, or other form of identification that contains their photograph, full name, and date of birth. If the person doesn’t have any form of identification with them, you can ask them questions that only they would know the answer to, like “What is your mother’s maiden name?” or “What street did you grow up on?”
Once you have verified the person’s identity, you need to make sure that they understand what they are signing. This is called “determining competency.” You cannot notarize a document for someone who does not understand what they are signing or who is under duress. If the person can’t explain to you what they are signing or why they are signing it, then you cannot notarize it.
After you have verified the person’s identity and determined that they are competent to sign the document, you will need to administer an oath or affirmation. This is simply a statement that the person understands what they are signing and that everything they have told you is true. Once the oath or affirmation has been given, the document can be signed in your presence.
Verify the Person’s Intent to Sign the Document
When you are notarizing a document, you must first verify the person’s intent to sign the document. The person must be physically present and must be willing to sign the document in your presence. You cannot notarize a document if the person is not present or if the person does not want to sign the document.
If the person is not physically present, you can use an audio-video recording system to verify the person’s identity and intent to sign the document. You must be able to see and hear the person on the recording, and the person must be able to see and hear you. The recording must show that the person is willing to sign the document in your presence.
You cannot use an electronic signature to notarize a document. An electronic signature is a digital version of a handwritten signature. It is created by using software that converts a typed name into a symbol that looks like a signature.
Verify the Person’s Signature on the Document
The first step in notarizing a document with an electronic signature is to verify the person’s signature on the document. You can do this by asking the person to provide you with a government-issued ID, such as a driver’s license, passport, or state ID card. Once you have verified the person’s identity, you can proceed to notarize the document.
Complete the Notarial Certificate
In order to notarize a document, you must first complete the notarial certificate. The certificate should include the following information:
-The type of notarial act being performed (e.g., acknowledgement, jurat, signature witness)
-The date of the notarial act
-The name and signature of the person performing the notarial act
-The name and signature of the person whose signature is being notarized
-A statement affirming that the person whose signature is being notarized possesses the required ID
After you have completed the certificate, you must sign and date it. You will then attach it to the document that you are notarizing.
Affix Your Official Seal
After you have notarized the document, you must affix your official notary seal. Your seal should be purchased from a reputable source and should conform to the specifications set forth by the Virginia Secretary of the Commonwealth. The seal must contain the following information:
-Your name
-The words “Notary Public”
-The words “State of Virginia”
You must also keep a record of every document you notarize in a notary journal. This journal should be purchased from a reputable source and should conform to the specifications set forth by the Virginia Secretary of the Commonwealth.
