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Notarizing Documents For Family Members
Virginia notaries can not perform any notarial act which presents a conflict between their personal interest and their official duty.
Under the Virginia Notary Act, a notary may not perform any notarial act with respect to any document if:
- The notary is a party to the document
- The notary's spouse is a party to the document
- The notary or his or her spouse has a "direct beneficial interest" in the document.
A general rule of thumb is not to notarize for relatives. This may confuse your relatives, who upon hearing that you are a Virginia Notary Public, will need your notary services. Refer to the Virginia Notary Handbook, p. 9 for more information regarding Conflicts of Interest. There are approximately 120,000 Virginia notaries. Arrange to meet a fellow notary near you so you can refer your relatives to him or her.
The National Notary Association (NNA) has written an artic le "Is Blood Thicker than...Professional Responsibility?" which urges all notaries to "decline to notarize the signature of a close relative or family member, particularly a spouse (in VA you can not notarize for a spouse), parent, grandparent, sibling, son, daughter or grandchildren of the Notary or a stepchild, stepsibling, stepparent, step grandparent or step grandchild of the Notary." |
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MISSED AN ISSUE OF VNPC eNEWS? We now have an Archives. Our premier issue, October 2007, through April 2008 can be viewed at VNPC eNews Archives. |
Frequently Asked Questions (FAQs) |
Are there any items that notaries are strictly forbidden from notarizing?
Virginia notaries are not authorized to notarize or certify true copies of birth, death or marriage certificates. Only the Division of Vital Records/Statistics may perform such a certification. Refer to Office of Vital Records in Richmond, VA at 804 662-6200 or visit their website at www.vdh.state.va.us/Vital_Records/index.htm.
The local bank's notary refused to notarize my document because I wasn't a client of the bank. I thought the notary "public" was supposed to serve the public.
In my former life as a banker and notary, the bank I worked for had an open policy about notarizing documents for non-clients. My notary fee was always waived for clients. I charged a fee for non-clients.
Today many banks authorize their employee notaries to only notarize for their bank clients. This is perfectly within the bank's (employer) authority to do so. Most employers want to limit the liability of employee notaries and may impose guidelines.
Of course the notary commission belongs to the employee notary who is a notary public for Virginia. There are many opportunities for employee notaries to perform notarizations after hours as mobile notaries. If you do not know what a mobile notary is, please ask us.
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ATTENTION EMPLOYERS: Are your Employee Notaries fully trained in Virginia Notary Public Law? Do you know what your liability as a Notary Employer is?
- On-site training for your Employee Notaries
- "Notary Basics" or "Notary Law & Procedures Refresher"
- Contact Bryce Hall at 804 240-3631 for more information.
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Notary Spotlight
Tasha Stewart - Notary Public
Tasha Stewart has been a notary in Virginia for seven years. Tasha and her husband, Louis Stewart, are Wealthcare Consultants, educating and providing benefits such as Funeral and Burial Insurance, Mortgage Protection, Retirement Investments, Health, Dental and Vision Insurance for individuals, families, seniors, self-employed, small and large groups. For free reviews contact Tasha at 703 801-9470.
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Wanted Notaries and Notary Signing Agents for our Notary Spotlight
Everyone enjoys reading about their fellow notaries. Please participate by sending us your picture and a short paragraph about yourself or your small business. We would like to feature one notary and one notary signing agent each month. Don't be shy! |
Reminder from the Notary Division: Have you had documents rejected for improper notarizations? Most often documents that are being recorded may have one of the Six Standard Items Required in Every Notarization missing. Repeated failures to notarize properly are brought to the attention of the Notary Division. Warning letters may be issued as an important reminder to comply to VA state requirements. Virginia Notary Handbook , p.6 |
Meet Our Sponsor
Carol Butler - The Butler Company
Carol Butler of the Butler Company has been in the real estate business for over 30 years. She teaches a pre-licensing class for the Virginia title insurance underwriter's exam. It is a one-day class that prepares you for the Virginia State Exam. Carol's pre-licensing class is recommended as Step 1 for Virginia Notary Signing Agents who are seeking CRESPA registration.
Carol's class is available at a variety of locations and online. Please visit her website for dates and locations. There is still time to become a licensed title insurance agent before the law changes (proposed changes would be effective July 1, 2008) requiring 16 hours of mandatory pre-licensing instruction. |
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NEWS FOR NOTARY SIGNING AGENTS
- Effective July 1, 2008 there will be a mandatory 16 hour pre-licensing education requirement before taking the exam to become a licensed title insurance agent. House Bill 431
- Effective July 1, 2008 per the Virginia State Bar the required surety bond for CRESPA signing agents will increase from $100,000 to $200,000
- HUD's RESPA proposal to include a closing script is being contested by the NNA.
- View the Proposed HUD closing script
- Read this important article about Errors & Omissions Insurance
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Memorial Day
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Bryce Hall takes our Mobile Classroom on the road monthly to teach "Notary Basics" and "Notary Law & Procedures Refresher" and notary signing agent classes.
Check out our complete Schedule of Classes for all class descriptions, dates, and locations nearest you.
Notary Basics
9:00 a.m.- 11:00 a.m.
12:00 p.m. - 2:00 p.m..
Notary Law & Procedures Refresher
3:00 p.m. - 5:00 p.m.
05/17/08 - Richmond
Notary Basics
9:00 a.m. - 11:00 a.m.
Become A Notary Signing Agent
12:00 p.m. - 2:00 p.m.
Understanding The Mortgage Loan Signing for
Notary Signing Agents
3:00 p.m. - 5:30 p.m.
05/19/08 - Norfolk
Notary Basics
10:00 a.m. - 12:00 p.m.
Become A Notary
Signing Agent
1:00 p.m. - 3:00 p.m.
04/22/08 - Stafford
Notary Basics
9:00 a.m. - 11:00 p.m.
05/20/08 - Springfield
Notary Basics
6:30 p.m. - 8:30 p.m.
05/21/08 - Springfield
Become A Notary
Signing Agent
Register online:
804 240-3631
We do not
accept walk-ins.
Please register! |
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"Notary Law & Procedures
Refresher"
Our "Notary Law & Procedures Refresher" classes will be held in RIchmond, VA and Springfield, VA.
This two hour class is geared toward the seasoned notary who wants a refresher class reviewing the 2007 Notary Law changes.
Stay on top of all upcoming changes including the July 1, 2007 changes in the notary renewal process.
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Discounted Notary Supplies
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Adam Raidabaugh, President of Acorn Sales Co., offers Virginia notaries a 20% discount for all notary supplies including:
Notary inked seals
Notary traditional embossers
Impression inkers
Notary public decals
Notary public desk signs
Gold foil notary seals
Pocket embosser pouches, embosser box & more!
Use coupon code:
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eNotarization Update |
Although the 2007 General Assembly passed the implementation of eNotarization effective July 1, 2008, there are technical and security concerns that are still being addressed. As of the May issue of eNews, there is no new news to report on eNotarization.
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