Virginia Puts Electronic Notarization Plans on Hold
  Posted: Jun 05 2008 | Virginia | Print Article |

The Commonwealth of Virginia enacted electronic notarization legislation in January 2007 and was planning for the electronic notarization program to go into effect on July 1, 2008. Not anymore: electronic notarization in Virginia is on hold.

In a letter to Secretary Katherine Hanley, Virginia Attorney General Robert McDonnell said, in his opinion, "the Virginia Notary Act does not authorize the Secretary of the Commonwealth to prescribe equipment or technological requirements for electronic notaries public, to prescribe standards beyond that imposed by general law for third-party providers of electronic notary devices or technology, or to promulgate rules or regulations."

Also, the Virginia Information Technology Authority conducted a risk assessment and concluded that "implementing these laws without any technological standards or requirements would be inherently prone to fraud and would lead to an overall lack of confidence in electronic notarization in Virginia."

As a result of the conclusions from the attorney general and the authority, Gov. Tim Kaine has determined that commissioning anyone to perform electronic notarizations in Virginia will be postponed until the General Assembly has an opportunity to address the concerns.

The governor signed Senate Bill 826 on March 12, 2007 The new law rewrote the notary law to include electronic notarization and detailed the application and technology requirements for it. The law also created a Class I misdemeanor for misuse of electronic notarization hardware or software.

The postponement notice can be viewed on the secretary's Web site, www.commonwealth.virginia.gov.

Virginia Approves New Oath Standard
  Posted: Mar 31 2008 | Virginia | Print Article |

Virginia has amended its notary public law to allow notaries public in any state or country to administer oaths to individuals in the military or civilians on active duty and deployed by the Department of Defense who are elected or appointed to Commonwealth offices. that require an oath of office to make such an oath in front of any notary public in the United States.

The oaths of office to be taken by elected or appointed individuals must be administered by the clerk of a court of record, by any judge, by a Commissioner or clerk of the State Corporation Commission, or by the Secretary of the Commonwealth except in cases in which it may be otherwise directed by law. A magistrate or individual holding a comparable position in another state may administer the oaths to be taken by a commissioner or other individual living in that state.

Virginia Antique Vehicles Must Meet Safety Requirements
  Posted: Aug 15 2007 | Virginia | Print Article |

In an effort to rid Virginia highways and byways of clunker vehicles registered as antiques, the state Legislature has amended Code 46.2-730 dealing with the licensing and registration of antique motor vehicles.

Under the new law, antique vehicle owners must show evidence that they own and regularly use another passenger car, truck or motorcycle when applying for antique license plates. Additionally, antique motor vehicle, trailer and motorcycle owners must submit a notarized certification to the Department of Motor Vehicles (DMV) indicating that their vehicle meets safety equipment requirements for the model year in which it was manufactured and can be driven safely on the highways of Virginia.

Vehicles that are 25 years old and older are considered antique.

The law went into effect on July 1, 2007. Registration and antique license plate fees changed from $10 per year to a one-time fee of $50.

According to the Virginia State Police, if a vehicle is registered as an antique through the Department of Motor Vehicles, it is exempt from state inspection.

New restrictions for antique vehicles are: 

• Antique motor vehicles shall not be used for general transportation purposes including daily travel to and from the owner's place of employment.
• Such vehicles may be operated on the highway for participation in club activities, exhibits, tours, parades and similar events or for the purpose of testing their operation, obtaining repairs or maintenance, transportation to and from events earlier described, and for occasional pleasure drives, not to exceed 250 miles from the residence of the owner.

Certification forms (VSA 10 B) are available online at the Virginia DMV Web site, www.dmvnow.com, under Vehicle Registration, Antique Motor Vehicles and Trailers. Click on VSA 10 B to print the form.

Customers who bring you the safety requirement certification for notarization must provide proof of the vehicle title number, vehicle identification number (VIN), make, model, and license plate number.  The certification form also has a section in which the vehicle owner must provide proof of at least one other properly registered vehicle or motorcycle available for daily commutes.

After administering an oath or affirmation to the vehicle owner on the truthfulness of his or her statements, the owner (and co-owner, if any) of the vehicle must sign the certification in your presence before you can complete the jurat. Sign your name in ink and place your stamp near your signature.

If an antique vehicle owner is convicted of operating an antique vehicle determined unsafe or not properly equipped, the DMV will suspend the owner's registration of that vehicle for five years.

The DMV reported that there were approximately 109,000 active antique license plate registrations in the Commonwealth as of July 1, 2006. Sergeant Robert L. Evans, of the Virginia Department of State Police, Safety Division Headquarters, said the DMV sent letters to individuals announcing the new requirements.

The owners of antique motor vehicles with registered antique license plates issued prior to July 1, 2007 will be required to submit a completed VSA 10 B to the DMV before Jan. 1, 2008. The DMV will cancel the antique vehicle registration if the certification is not sent in by the deadline.

Virginia Makes Changes in Notary Public Law
  Posted: Jun 01 2007 | Virginia | Print Article |

The Office of the Secretary of the Commonwealth of Virginia has been inundated with telephone calls in the last week regarding changes to the Notary Public Law. The United States Notary Association wants to make sure Virginia notaries are aware of the changes.

Provisions for electronic notarization will not go into effect until July 1, 2008. However, several other changes in the laws will go into effect July 1, 2007:

• A notary "registration number" must be used as a part of all notarial statements. This number is already on most of the notary commissions. The Secretary will send the number to all commissioned notaries. For a notarization to be valid, the number must appear on each statement. For notaries acquiring new seals, the secretary's office strongly recommends that the number be a part of the new seal.
• The use of a seal is still not required in Virginia. However if you do use a seal, it must be a sharp, legible, permanent and photographically reproducible image.
• The new law does not require notaries to purchase a new seal. Notaries may be able to comply with the new law by shading or by using carbon paper with their current embossed seal.
• The new law requires the notary to exercise a "high degree" of care in ascertaining the true identity of the person whose signature is being notarized. The notary also has the right to refuse to notarize a document.
• The signer of the document must personally appear before and be in the presence of the notary at the time of the signing and notarization.
• The notarial certificate must be on the same page as the signatures being notarized.
• Notaries can now charge a fee of up to $5. However, an employer may require an employee who is a notary to perform a notarization in the course of employment without charging a fee. An employer cannot require a notary in his or her employment to share any or all of the fees received for notarial acts.

There also are some new requirements for applying to become a notary and for renewing a notary commission:

• A $45 fees must be sent to the Secretary of the Commonwealth with the application.
• The application no longer requires the endorsement of two registered voters.
• The notary must be commissioned using the identical name that appears on the forms of identification that the notary produces for the oath to be administered and the commission to be issued.
• The requirement for the application to be signed by several different public officials has been changed. The application will now include a separate form that must be completed and provided to the Office of the Clerk of the Circuit Court when the notary takes the oath of office and receive his or her commission. Virginia judges, clerks and deputy clerks of circuit courts are no longer eligible to sign the forms. The forms must be signed by a clerk or deputy clerk of a general district court, commonwealth's attorney, the attorney general or an assistant attorney general or a member of the General Assembly.

For more information, call (804) 786-7296 or (804) 692-2536 or visit www.commonwealth.virginia.gov. Click on "Official Documents" and go to "Notary Commissions."

Virginia Moves Slowly Toward Electronic Notarization
  Posted: Apr 01 2007 | Virginia | Print Article |

The Commonwealth of Virginia enacted Electronic Notarization Legislation in January 2007 and aspiring notaries will be able to put their electronic seals to work in the future. The electronic notarization program takes effect on July 1, 2008.

Gov. Tim Kaine signed SB 826 on March 12. The new law rewrites the notary law to include electronic notarization and details the application and technology requirements for electronic notarization. The law also creates a Class I misdemeanor for misuse of electronic notarization hardware or software.

The law also increases the secretary's fee for commissioning a notary from $25 to $35 and allows a fee of $35 for commissioning an electronic notary. The fee for notarizing a document remains at $5, and the fee for electronic notarization is not to exceed $25.