Notary Services

You may be wondering what a notary does exactly, why you need one, and what the difference is between the different types of notaries and the services they provide. On this page, I’ll try to explain the basics and provide context for how notaries operate within the Commonwealth of Virginia. Note: each state has their own notary laws and requirements, so while some of this information may apply to notaries of other states, it is best that you seek information about notaries in your state if you are outside of Virginia.

Notary Powers

Every notary appointed by the Governor of the Commonwealth of Virginia is allowed to perform the following acts (ยง 47.1-12):

  • Take acknowledgements
  • Administer oaths of affirmations
  • Certify copies of documents (except vital, public, or court records)
  • Certify affidavits and depositions of witnesses
  • Perform verification of fact

Notary Job Description

Notaries serve as an impartial witness to the signing of documents. When a document is notarized, the notary is attesting to the recipient of that document that the signer’s identity has been verified (to the best of his or her ability) and that certain facts related to the signing are also true.

Specialty Notaries

Certain types of notaries (such as “signing agents”) take additional courses and hold special certifications as well as pass additional background checks. These notaries perform more complex notarial duties and can charge more for their services. In Virginia, any commissioned notary can perform all duties allowed under law without requiring additional training or certifications. This means that, legally, a non-certified signing agent or asset verifier can perform the duties of a signing agent. However, not only would that be risky to the notary due to potential liabilities, most loan originators and closing companies require a certified signing agent to perform those duties.

Another specialty notary in Virginia is an “electronic notary” or “e-notary.” Becoming an e-notary in Virginia requires that you are a currently commissioned notary and submit a special “e-notary” application. There is also special software requirements and additional record keeping requirements for e-notaries in Virginia.

I operate as a standard (“traditional”) notary. I do not provide “signing” or asset verification services, and I am not an e-notary.

Types of Documents

Almost any legal or official document where a person’s identity needs to be verified in an effort to combat fraud will require the services of a notary public.  Some examples of documents that require notarization are listed here.

While a notary attests to the identity of the signer of a document and to certain facts about the signing of that document, a notary never attests to the truthfulness of a document or statements made within it nor to the legality of any document they notarize.

  • Documents granting power of attorney
  • Affidavits
  • Living wills
  • Title transfers
  • Witnesses signatures
  • Quit claim deeds
  • Permission for travel by minors
  • Contracts
  • Applications
  • and more…

Acknowledgement or Jurat

Documents to be notarized often require one of two similar, yet different acts: an acknowledgement or a jurat.  The simplest explanation of the difference between these two types of notarizations is: (1) a jurat requires the administration of an oath or affirmation and a document must be signed in the presence of a notary public; (2) an acknowledgement is not administered under oath and documents do not necessarily require a document be signed in front of a notary public. For more detailed explanations of the differences between these two and to help determine which act you should request from a notary, please click here.

Copies of Documents

In addition to notarizing documents, a notary can also certify copies of nearly any document, with a few exceptions.  For more information on that, click here.

Verification of Fact

“Verification of Fact” is another, albeit rare, act notaries are empowered to perform in the Commonwealth of Virginia. The notary uses public records or databases to verify information and then attests to certain facts. For example, you could present a birth certificate to a notary for the purpose of verifying your birth mother’s name. The notary would then draft a notarial statement verifying that fact as presented.

It is always the signer’s responsibility to determine which notarial act(s) they require and to request them from the notary public. A notary public cannot advise you on what notarial acts you should have performed. If in doubt, contact the originator of a document or an attorney for more clarification on which notarial service to request.