Notary Requirements for Virginia: 2025 Updated

This guide provides comprehensive, up to date information on becoming and renewing as a Notary Public in the Commonwealth of Virginia. It covers eligibility, application, renewal, required tools, electronic and remote notarization (RON), duties, fees, and FAQs, based on Virginia Code Title 47.1 and guidance from the Secretary of the Commonwealth (SoS).

• Eligibility Requirements
• Application Process to Become a Notary
• Commission Term and Expiration
• Commission Renewal Process
• Required Notary Tools and Supplies
• Notary Bond and Insurance
• Electronic Notary Commission and Remote Online Notarization (RON)
• Duties and Responsibilities
• Limitations and Prohibited Acts
• Fees Allowed for Notarial Acts
• Official References and Resources
• Frequently Asked Questions (FAQ)

Eligibility Requirements for Virginia Notaries

To qualify for a Virginia notary commission, you must:

1. Age: Be at least 18 years old.

2. Residency/Employment: Reside legally in Virginia OR reside out-of-state but be regularly employed in Virginia.

3. Legal Status: Be a legal resident of the United States.

4. Language: Be able to read and write English.

5. Criminal History: Have no felony convictions (unless civil rights restored or pardoned).

(Note: Virginia does not require mandatory training or exams for traditional notaries).

Get a notary stamp that meets Virginia’s official requirements, available in multiple formats and shipped within one business day.

Order Virginia Notary Stamp

Application Process to Become a Notary in Virginia

Applications are processed by the Secretary of the Commonwealth, with final qualification at a Circuit Court.

1. Complete Application: Use the SoS Notary Management System online portal (preferred) or a paper form. Provide personal details and answer disclosure questions truthfully. Print the PDF application generated online.

2. Pay Fee: Pay the non-refundable $45 application fee online via credit card (note invoice #) or by check/money order ("Treasurer of Virginia") mailed with the application.

3. Notarize Application (Initial Applicants Only): Sign Part 3 of the printed application before another Virginia notary, who will notarize your signature attesting to the application's truthfulness. (This step is waived for renewals in good standing).

4. Submit Application: Mail the signed, notarized (if required) paper application and fee/receipt to the SoS Notary Office (P.O. Box 1795, Richmond, VA 23218).

5. Await Approval & Notification: Processing takes ~3 weeks. The SoS will notify you (usually via email) once approved, indicating your commission has been sent to your chosen Circuit Court Clerk's office.

6. Take Oath at Circuit Court: Within 60 days of the commission issuance date, appear in person at the designated Circuit Court Clerk’s office. Bring photo ID and your notification. Take the oath of office, sign the register, and pay the $10 clerk's fee. You will then receive your official Notary Commission certificate.

   • CRITICAL: Failure to take the oath within 60 days voids the commission entirely, requiring reapplication and a new fee. No exceptions.

7. Obtain Notary Seal: Purchase your official Virginia notary seal/stamp from a vendor after taking the oath.

Commission Term and Expiration

• Term: 4 years.

• Expiration: Expires on the last day of your birth month in the fourth year of the term (e.g., born in June, commissioned in 2025, expires June 30, 2029).

• Lapse: Notarizing with an expired commission is illegal. Renew on time.

Commission Renewal Process

Renewals follow a similar process but are streamlined for notaries in good standing.

1. When to Renew: Apply 4-6 weeks before expiration via the SoS Notary Management System or paper form.

2. Application & Fee: Complete the renewal application, update info if needed, and pay the $45 renewal fee.

3. Streamlined Steps (If Eligible):

   • No Notarization Needed: Your signature on the renewal application does not need to be notarized if you are in good standing.

   • No Court Oath Needed: You are not required to appear at the Circuit Court for an oath if renewing in good standing. Your new commission will be issued directly (likely via email/mail) by the SoS.

4. If Not in Good Standing: You may be required to follow the initial application steps (notarized application, court oath). Follow SoS instructions.

5. If Expired: Apply as a new applicant (including the court oath). No grace period.

Required Notary Tools and Supplies in Virginia

• Notary Seal/Stamp (Mandatory): Required on every notarization.

  • Format: Ink stamp or inked embosser (must be photographically reproducible).

  • Required Content: Your name (as commissioned), "Notary Public," "Commonwealth of Virginia."

  • Optional but Recommended: Include your Notary Registration Number and Commission Expiration Date on the seal (if not on the seal, you must write/type them on the certificate).

  • Security: Keep secure; report loss/theft (recommended); destroy old/expired seals.

• Notary Journal (Recommended for traditional, Required for electronic):

  • Traditional Acts: Optional but highly recommended by SoS for protection.

  • Electronic/RON Acts: Mandatory electronic journal required (kept 5+ years).

• Notarial Certificates: Ensure every notarization includes a complete certificate with 7 required elements: Notarial statement, date, VA county/city venue, expiration date, notary signature, notary registration number, and seal. Have VA-compliant loose certificates available.

Optional: Ink pad, thumbprint pad.

Notary Bond and Insurance

• Surety Bond: Not Required in Virginia.

• Notary Liability: You are personally liable for negligence or misconduct.

• Errors & Omissions (E&O) Insurance: Optional but Highly Recommended. Protects you financially against claims for unintentional errors.

Electronic Notary Commission and Remote Online Notarization (RON)

Virginia permits electronic notarization (eNotary) and was the first state to authorize RON (since 2012).

• Electronic Notary (eNotary) Commission Required:

  • Must hold a traditional VA notary commission first.

  • Obtain electronic seal & signature technology (e.g., digital certificate).

  • Apply online via SoS portal ($45 fee), describing tech, attaching eSeal image, and electronically signing the application with your intended digital signature.

  • eNotary commission shares the same expiration date as your traditional one.

• Remote Online Notarization (RON) Rules:

  • Authorization: Only commissioned eNotaries can perform RON.

  • Location: Notary must be physically in VA; signer can be anywhere.

  • Technology: Must use secure audio-video platform meeting VA standards (SoS doesn't pre-approve platforms but lists examples).

  • ID Proofing: Requires robust methods (personal knowledge, KBA, digital ID/biometrics, credential analysis).

  • Recording: Audio-video recording of the entire session is mandatory (kept 5+ years).

  • Certificate: Must state "remote online notarization" and notary's VA location.

  • Fees: Up to $25 per electronic notarial act.

  • Validity: Legally equivalent to in-person notarization.

Duties and Responsibilities of a Virginia Notary Public

• Authorized Acts: Take acknowledgments, administer oaths/affirmations, certify copies (of non-court/non-vital records from originals), certify affidavits/depositions, perform verifications of fact.

• Jurisdiction: Statewide. Can technically notarize outside VA under VA law (use caution).

• Core Duties: Ensure signer's personal appearance (physical or RON), verify identity, assess willingness/competence, complete the 7 required elements on the notarial certificate accurately.

• Journaling: Recommended for paper acts, required for electronic acts.

Limitations and Prohibited Acts

• Conflicts: Cannot notarize own signature, or documents where you/spouse are party or have direct beneficial interest. Use caution with family.

• Improper Acts: No false certificates, no notarizing absent signers, no notarizing incomplete documents.

• No UPL: Do not give legal advice, draft documents, or advise on document content. Avoid misleading "notario" advertising (requires disclaimer).

• Fees: Do not exceed legal maximums ($10 traditional, $25 electronic/RON).

• Consequences: Misconduct can lead to commission removal (20-year bar), civil liability, or criminal charges (Class 1 Misdemeanor or felony).

Fees Allowed for Notarial Acts in Virginia

• Traditional Notarial Act: Max $10.00 per act.

• Electronic/RON Notarial Act: Max $25.00 per act.

• Travel Fees: Allowed if pre-agreed with signer (reasonable rate, e.g., mileage). Separate from notary fee.

• Employer Policies: May restrict charging fees or require surrender of fees collected during work hours.

Official References and Resources

• Secretary of the Commonwealth – Notary Public Section: Website (commonwealth.virginia.gov) with portal, handbook, FAQs, forms.

• Virginia Notary Public Handbook (2024 edition): Essential reading, available online.

• Code of Virginia, Title 47.1: The state law governing notaries.

• Circuit Court Clerk's Office: Handles oath administration for initial commissions.

Frequently Asked Questions (FAQ)

Q: What should I do if my notary seal/stamp is lost or stolen?

A: While not explicitly mandated by law for physical seals, it's highly recommended to notify the SoS Notary Division in writing and file a police report if theft is suspected. Obtain a replacement seal immediately. Secure your seals.

Q: How do I change my name on my notary commission?

A: You must reapply for a new commission under your new legal name ($45 fee, new application). You can continue using your old commission/name/seal until it expires or until your new commission under the new name is active (after taking the oath for the new commission). Include a note like "(commissioned as [Old Name])" if signing your old name.

Q: My commission expired and I didn’t realize it. Can I renew it late?

A: No. You must apply for a new commission (application, $45 fee). Since your previous commission lapsed, you will likely need to take the oath at the Circuit Court again. Stop notarizing immediately upon expiration.

Q: I’ve moved to a different address – do I need to update the state about my address change?

A: Yes. Update your address via the SoS Notary Management Account online portal or notify the Notary Division in writing/email. No fee. If you move out of VA and no longer work in VA, you must resign.

Q: What if a document has already been signed when they bring it to me? Can I still notarize it?

A: For an acknowledgment, yes, if the signer appears and acknowledges the signature is theirs. For a jurat (oath/affidavit), the signer ideally signs in your presence after taking the oath; if already signed, have them acknowledge the signature and swear to the contents (or resign in front of you).

Q: Can I notarize for a family member or relative?

A: Yes, legally, as long as you or your spouse are not a party to the document and have no direct beneficial interest. Avoid situations where impartiality could be questioned (e.g., wills naming you, joint property). Use caution.

Q: I’m a Notary – can I also perform marriage ceremonies or certify birth certificates?

A: No. Virginia notaries cannot officiate marriages. You also cannot certify copies of vital records (birth/death certs) or court records; refer people to the official custodian (Vital Records or court clerk).

Q: How do I handle a notarization for someone who doesn’t speak English, or a document in another language?

A: Direct communication is needed. If you don't share a language with the signer, you generally cannot notarize (no interpreters allowed for core communication). You can notarize foreign language documents if the certificate is in English and you are confident the document is complete, but proceed with caution.

Q: Can I perform remote notarizations (RON) for signers in other states or countries?

A: Yes. As a Virginia eNotary physically located in VA, you can perform RON for signers anywhere globally, following VA's RON procedures (ID proofing, recording, etc.).

Q: If I become an eNotary, do I have to do all notarizations electronically?

A: No. You can still perform traditional paper notarizations using your physical stamp. The eNotary commission adds electronic/remote capabilities.

Q: How can I verify a notary’s commission if someone notarized a document and I need to check them?

A: Use the notary lookup tool on the SoS Notary Management portal, or contact the SoS Notary Division with the notary's name or registration number (which should be on the certificate).