“A Handbook for Virginia Notaries Public” defines a Notary Public as someone who “acts as an official, unbiased witness to the identity and signature of a person who comes before the Notary for a specific purpose.”  The Handbook goes on to say, “…the Notary attests that certain formalities have been observed.”  It also describes the key function of a Notary Public as “…being certain that the person appearing before the Notary is who that person claims to be.”

A Notary Public who fails to perform notarizations according to the Code may be civilly liable for damages that result from the Notary’s misconduct.  There are certain steps that must be taken to ensure that the notarization has been done properly.  As long as you follow those steps, you won’t have to worry about the procedure being called into question.

1.  Before performing the act, you must be completely certain of the identity of the person whose signature will be witnessed and notarized.  Unless you know the signer, you must require the signer to physically hand you their identification document so that you can examine the document for authenticity and correctness.  The identification document cannot be expired * and must be one of the following:
   • United States Passport
   • United States Passport Card
   • Certificate of United States Citizenship
   • Certificate of Naturalization
   • A Foreign Passport
   • Alien Registration Card with Photo
   • A State Issued Driver’s License
   • A State Issued Identification Card
   • United States Military Identification
2. You have to require that the person whose signature is to be notarized or who is taking an oath or affirmation MUST appear himself/herself. 
3. Inspect the Document for Blanks, Notary Certificate** or Incorrect Information
4. Assess the Signer’s Ability to Understand What He/She is Signing (Awareness)
5. Record the Act in Your Notary Journal ***

Note: Every notary act must contain the following:

1. 1. Notarial Statement
   2. Date of Notarial Act
   3. Location of the Notary Act – the City or County where the notarization occurs
   4. The Expiration Date of the Notary’s Commission
   5. The Notary’s Signature
   6. The Notary’s Registration Number
   7. Photographically Reproducible Notary Seal/Stamp

*The only exception is noted in the VA Code regarding the expiration date for a form of ID for an Elderly signer who is in a facility. “In the case of an individual who resides in an assisted living facility, as defined in § 63.2-100, or a nursing home, licensed by the State Department of Health pursuant to Article 1 (§ 32.1-123 et seq.) of Chapter 5 of Title 32.1 or exempt from licensure pursuant to § 32.1-124, an expired United States Passport Book, expired United States Passport Card, expired foreign passport, or expired state issued driver’s license or state issued identification card may also be used for identification of such individual, provided that the expiration of such document occurred within five years of the date of use for identification purposes pursuant to this title. “ This information can also be located in the VAN Glossary of terms.

**Notary Certificates are specified in the VA Notary Handbook. Be cautious with the language in the certificate, as the document presented may not have been drawn up in VA, and the language may be incomplete or inaccurate. If unsure, you may add a loose certificate to the document that is in the proper form. Loose certificate blanks can be found on the VAN website.

***Notary Journals are not required in Virginia; however they are a definite Best Practice. Remember to note anything different or odd in the journal entry, it may very well be the detail that will protect you in the future.