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Virginia FAQ - Frequently Asked Questions 
Q: What is the function of a Notary Public?
A: The Commonwealth of Virginia Notary Public Handbook defines a notary as a public officer "who acts as an official, unbiased witness to the identity and signature of the person who comes before the notary for a specific purpose. The person may be taking an oath, giving oral or written testimony, or signing or acknowledging his or her signature on a legal document. In each case, the notary attests that certain formalities [as required by law] are observed."
Q. What kind of identification must the signer produce?
A: 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
If a signer does not possess adequate identification, two credible witnesses may be used in Virginia as of July 1, 2007. All credible witnesses must appear before the notary in addition to the document signer, must present an acceptable identification document from the list above, and must also take an oath or affirmation certifying that they personally know the document signer and confirm his or her identity. A Notary Public may decline to notarize if he/she is uncomfortable with the validity of the identification documents or if the notary is unable to ascertain proof of identity.
Q: I'm signing with a Power of Attorney - is that a problem?
A: Generally, signing with a POA is no problem. If you are signing loan documents, however, the lender and title company must be made aware of the POA ahead of time and must approve its use prior to signing the loan documents. The title company may require that the original POA be returned with the executed loan documents so it can be recorded along with the Deed of Trust.
Q: I must have the Notary's signature authenticated - how do I do that?
A: For certain types of documents, such as for foreign adoptions, this may be a requirement. It is the responsibility of the document custodian (not the notary) to obtain the authentification of the notary's signature. For documents notarized in Virginia which will be sent elsewhere within the United States and its jurisdictions, authentification can usually be accomplished by obtaining an authenticating certificate at the office of the clerk of the circuit court where the notary filed the oath of office. The fee for this varies by county.
If a document will be sent to a foreign country, an apostille will likely be required to authenticate the notary's signature in accordance with the Hague Convention. An apostille may be obtained from the Secretary of the Commonwealth in Richmond, VA.
Q: I need to have a will notarized - are there any restrictions on this?
A: A Notary must proceed with extreme caution when asked to notarize a will. Wills are highly sensitive documents, the format of which is dictated by strict and rigid laws. Wills can be nullified if any deviation from these laws occurs. A notary may only proceed with notarizing a will if the notarization is at the direction of an attorney, or if the will already provides a notarial certificate for each signer within the document. In the absence of either of these circumstances, the notary is prohibited from answering any questions about how to proceed.
Wills usually require two or three witnesses, which cannot be the notary. All witnesses must provide identification to the notary, as their signatures will be notarized along with that of the Trustor of the will. The document signer is responsible for securing witnesses.
Living wills may generally be notarized without issue, as these documents are usually written statements of the signer's wishes concerning medical treatment in the event he or she becomes incapacitated.
Q: My elderly relative needs to have something notarized, is there anything I need to do to ensure the notarization goes smoothly?
A: Generally, notarizing for the elderly is no different than doing so for any other person. However, the elderly signer is subject to the same identification standards as listed above, and must be lucid and cognizant of what he or she is signing. Many times the elderly cease driving a car and allow their driver's license to lapse, and it subsequently may be lost track of. In this instance, it would be a good idea for that person to obtain a state-issued identification card for non-drivers. A notary must decline to notarize if the signer's identity cannot be positively established by the notary or if the signer does not seem to understand what he or she is signing.
Q: What different types of notarizations are there?
A: The two most common types of notarizations are: "Acknowledgement" and "Jurat". 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.
Acknowledgement - An Acknowledgement certificate indicates that the signer personally appeared before the notary, was identified by the notary, and acknowledged to the notary that he or she freely signed the document. It's best to sign the document in front of the notary, however, if the document is already signed, the signature may still be notarized if the signer appears before the notary, provides acceptable proof of identity, and acknowledges that he or she signed it.
Jurat - A Jurat certificate indicates that the signer personally appeared before the notary, was identified by the notary, and signed the document in front of the notary. Additionally, the notary must administer an oath asking the signer to swear or affirm under penalty of perjury that the content of the document is true. If the document has already been signed, the notary must have the signer re-sign the document in the Notary's presence. Jurats are typically seen on Affidavits.
A simple way to tell which notarization your document requires is to look for the word "acknowledge" for an Acknowledgement, and for a Jurat look for the words "subscribed and sworn". If a notary certificate says "acknowledged, subscribed and sworn" then it is a Jurat and must be signed in the presence of the notary and the oath must be administered.
As of July 1, 2007, all Virginia Notary certificates MUST appear on the same page as the signer's signature. No exceptions are allowed. A notary may write the notarial certificate by hand or it may be stamped onto the signature page if no pre-printed wording exists on the correct page.
Link to the Handbook for Virginia Notaries Public: 
DISCLAIMER: VNN notaries are not licensed to practice law and therefore cannot offer any legal advice or interpret any document. If you have questions about a document you are asked to sign or its legalities, contact an attorney.
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