Frequently Asked Questions

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A notary is an official of integrity appointed by state government, typically by the secretary of state. The overall role of a Notary is to help combat fraud or identify theft that could arise during important transactions and to give all parties assurances that the documents have been executed properly.

Virginia Notaries Public are not attorneys and are prohibited by law to render any legal advice, including but not limited to, the drafting of legal documents. Virginia notaries are not authorized to perform marriage ceremonies.

A Notary Signing Agent is a Notary who has special training and a certification to handle real estate and estate planning signings. Title companies and signing services hire NSAs to meet borrowers with the loan documents, oversee the signing and complete the notarizations, and return the documents for processing. 

As per Virginia law, all signers must personally appear before the notary and present government issued photo identification. The name on the identification must match the name printed on the document. Acceptable identification documents are as follows:

– State issued driver’s license

– State issued identification card

– United States military card

– United States passport

– Certificate of United States citizenship

– Certificate of naturalization

– Alien registration card with photograph

– Unexpired foreign passport

NOTE:  A notary may refuse to notarize a signature if he or she is uncertain of an individual’s identity, or if the notary is uncomfortable with the validity of the identification documents.

The two most common types of notarizations are “Acknowledgments” and “Jurats”. The type of notarization needed is usually indicated on the document with a pre-printed notarial certificate.  However, if a notarial certificate is not pre-printed, the document signer must choose which to use, as the notary is prohibited from doing so.

Acknowledgment – The purpose of an Acknowledgment is for a signer to have his or her identity verified by a notary and to declare to the notary that he or she has signed the document willingly. Acknowledgments are typically seen on documents such as a Power of Attorney or Last Will and Testament.

Jurat – The purpose of a Jurat is for a signer to swear to or affirm the truthfulness of the contents of a document to a Notary. The notary must administer an oath asking the signer to verbally swear or affirm that the content of the document is true to the best of their knowledge. The signer must familiarize himself with the document and complete all blank fields before meeting with the notary. Jurats are typically seen on Affidavits. 

Virginia notaries are not authorized to certify true copies of birth, death, or marriage certificates. Only the Division of Vital Records/Statistics may perform such a certification. Virginia notaries are not authorized to certify true copies of court issued documents. Virginia notaries are not authorized to perform marriage ceremonies