FAQ's
Most frequent questions and answers
- Taking Acknowledgments.
- Administering Oaths and Affirmations.
- Certifying Affidavits or Depositions.
- Certifying “True Copies” of Documents.
- Verification of Fact.
Information Found : “A Handbook for Virginia Notaries Public” Published by the Office of the Secretary of the Commonwealth, March 23, 2021 Subsection 47-1-20
NO – THE STATE OF VIRGINIA IS NOT AN ATTORNEY STATE. Attorneys must draw up the real estate docs (think TItle Attorney please) but notaries are allowed to notarize the signatures being affixed without the presence of an attorney.
Fill out the application (online if renewing, printed if first application) and submit with $45 fee. Applications may be obtained at the Clerk of Courts office at your local courthouse. If the application is accepted, your commission is sent to your local Circuit Clerk’s office and you are notified. You must go to the Circuit Clerk’s office to claim your commission – check to see if you need an appointment, take the oath of office and pay the $10 fee. Note 1: If you do not claim your commission within 60 days of notification, the commission becomes invalid. Note 2: If you have not received a notification that your commission has been sent to the Circuit Clerk’s office within 4 weeks of submitting your application, first contact the Circuit Clerk’s office for status. If they have not received your commission, contact the Office of the Secretary of the Commonwealth.
Information Found: “A Handbook for Virginia Notaries Public” Published by the Office of the Secretary of the Commonwealth, March 23, 2021 Subsection 47.1-9
The only way to know if LLC is right for you is to talk to a tax or legal professional who is fully aware of your particular tax situation and the tax laws in your state. LLC’s are not a “set it and forget it” kind of thing. You will have to do ongoing work to keep your LLC compliant. LLC’s do not automatically give your business any additional “legitimacy” or “protection,” your tax or legal professional will help you to set up your LLC and your bank accounts properly to help you protect your assets (if your tax or legal professional thinks that an LLC is right for you). No signing company or title company is going to give you business just because you have an LLC. Just because someone else has an LLC does NOT mean that you should. Just because someone else did not get an LLC doesn’t mean that you should not. We would direct you to the Small Business Administration (SBA.gov) to potentially find resources to help decide.
Information Found: https://www.sba.gov/
An Acknowledgment certificate will contain the words, “acknowledged before me” or similar wording. A Jurat certifiate will contain the words, “subscribed, sworn to (or affirmed) before me.”
The venue in a notarial act is the location: State and City/County. Most often you see French braces after the venue with an SS following them. Many people think that SS stands for social security number and they will type that number after the SS. In fact SS is Latin for “scilicet” which means “namely” or “in particular” and refers to where you are at the time of the notarization.
Information Found: https://www.acornsales.com/notary-training-questions-a/305.htm
A Notary Public cannot notarize a document if he/she is a party to or a signer of the document, if the Notary Public’s spouse is a party to or a signer of the document, or if the Notary. A signatory or is named in the document, or if they (or their spouse) have a “direct beneficial interest” in the document.
Information Found: “A Handbook for Virginia Notaries Public” Published by the Office of the Secretary of the Commonwealth, March 23, 2021
Subsection 47.1-30
Your Notary E&O Insurance with the insurer of your choice covers your notarial acts – NOT your work as a Signing Agent. The appropriate insurance for Signing Agents would include general liability insurance. Additionally, some title companies require more than $100,000 in coverage in order to be a Signing Agent with them. Be sure to confirm that your coverage is sufficient to meet their requirements.
First, you are not required to charge a fee. However, should you choose to – the fee of $10 per traditional notarial act is the allowable fee according to Notary law. You may charge for travel provided the amount has been agreed upon by the Notary Public and the signer. For electronic notarizations, you are allowed to charge $25 per stamp.
Information Found: “A Handbook for Virginia Notaries Public” Published by the Office of the Secretary of the Commonwealth, March 23, 2021 Subsection 47-1-20
I-9s are not a notarized document – read the form, and follow the instructions. You are acting as an independent party when you complete one for someone, but it is NOT a notarial act. Companies frequently ask for a notary to be the person completing it – as we are “traceable” due to the Notary Division having our information, but this form does not require a notary, it can be completed by any person authorized by the company asking for it.
Virginia allows for an elderly or infirmed person in a facility to use an expired Driver’s License for up to 5 years. After that you will need Credible Witnesses. See the VAN Glossary of Terms for the definition of Credible Witnesses. The Virginia Code definition of Credible Witness is not the same as other states.
Information Found: https://law.lis.virginia.gov/vacode/title47.1/ chapter1/section47.1-2/ #:~:text=%22Satisfactory%20evidence%20of%20i dentity%22%20means,a%20certificate%20of%20U
Virginia does not currently require notaries to have a Bond. They also do not require that we have E&O insurance – that is just a smart thing to do.
No, there is no legal requirement in Virginia for a thumbprint for your Notary journal/log. Please check your states’ handbook if your state is not Virginia.
Must haves are:
1. Notarial Statement
2. Date of Act
3. Location of Notarization
4. Notary’s Commission Expiration Date
5. Notary Signature
6. Notary’s Registration Number
7. Notarial Seal/Stamp
Information Found: “A Handbook for Virginia Notaries Public” Published by the Office of the Secretary of the Commonwealth, March 23, 2021 Subsection 47-1-20
No, you do not need an EIN unless you plan to file a tax return as a business – please speak with a tax / legal professional for details, notaries are not tax / legal professionals by default.
ALWAYS keep your journal (or digital journal) with you and your Notary stamp. Those, of course, are most important. You should also keep blank jurats, acknowledgements and other loose certificates. i.e.: copy certification forms. It is best to keep these in folders or envelopes to prevent them from getting tattered or worn looking. Keep a face mask in case your signer or title company requests you to wear one. Keep tissues and Clorox wipes along with LOTS of pens. In Virginia, ink color is not mandated, however, occasionally you will get a lender or law firm requesting specific ink colors. Be sure to keep enough of each on hand for all signers at the table, the ink color should be consistent through the document. Keep some business cards with you as well – as some signers will request your contact information for future Notary service needs or if they have questions. If you have room in your bag, you might also want to keep some rubber bands and paper clips as well.
As a Virginia Notary Public, you are prohibited from collecting funds unless you are title licensed. In instances where there are funds due at closing you should address this with the title company (or signing service). In most instances, if the borrower would like to pay via personal check, the title company is likely to instruct you to give them your shipping label (FEDEX or UPS), provide the borrower with a shipping envelope and they can send the funds separately. Then the title company (or signing service) should provide you with a second shipping label to send the signed documents back separately. This is common practice in Virginia, just kindly explain to the title company that in Virginia, Notaries are prohibited by law from collecting funds from the borrower. It is always best practice to review the closing disclosure after you print the documents to see if there are funds due to the borrower or from the borrower so that you can address this with the title company prior to the closing.
No – but you may discover you have difficulty obtaining loan signings without it. It is by far the most recognized certificate in the loan signing industry. Once you have obtained it, the exam certification and background check are only valid for 12 months.
As the Notary Public – unless the notary is also an attorney or licensed legal professional – we can’t say, the signer has to bring the doc to us, and it is their responsibility to make sure it is acceptable in VA. To determine an answer to this question, we would need to be an attorney or licensed legal professional and if we aren’t – we are to defer the question to one. Be careful not to stray into the “Unlicensed practice of law” or UPL area.
You would check and see if they are who they say they are, and if they are over 18.
Yes, it is always best for all witnesses to provide proper identification, document this is your journal and have them sign. If the signer cannot provide valid ID, then you will need two (2) credible witnesses.
Witnesses are not required for MOST notarizations in Virginia. However, there ARE instances where you will need one or two witnesses. (1) Witnesses are required if there are estate planning documents being signed. This includes a power of attorney and living will documents. Witnesses must not be relatives by blood or marriage or have a vested interest in the estate. (2) Witnesses are required for selling real estate in Florida and Indiana. One witness MAY be the Notary ** and there must be a second witness who does not have a vested interest in the real estate. (3) Georgia real estate transactions: Georgia is an attorney state. This means that an attorney must be present either in person, on the phone, or video call, while the closing is being conducted. This should be arranged by the title company. Side Note: you can charge an additional fee if you are required to provide the witnesses. It is up to the Notary to determine the fee and pay the witness(es) for their time.
The standard term “Witness” is ordinarily used when the witness is simply to witness that someone signed a document – or referred to as a Signature Witness. This could be a total stranger, all they are saying is they watched the signer sign the document. A “Credible Witness” is swearing that the person signing is who they say they are. This ordinarily requires the Credible Witness to have a personal relationship with the signer, and some documents will ask the Credible Witness to define that relationship and length of time.
** When you (as the notary) are acting as a witness as well, check the notarial certificate to be sure the witnesses are NOT named in the certificate. You may NOT notarize your own signature, so if the witnesses are named, you cannot perform both roles.
Per the United States Department of Defense (“DOD”), be advised that the photocopying of military identification cards is prohibited and a violation of Title 18, U.S. Code, Part 1, Chapter 33, Section 701 and is punishable by fine and/or imprisonment. While a person may request to see military/government identification for verification, they may not photocopy or duplicate it in any way.
You should not photocopy, seek to photocopy, nor accept if offered, all forms of military identification. For reference, please see https://www.law.cornell.
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