To become a notary in Virginia, you file a $45 application with the Secretary of the Commonwealth, wait two to three weeks for approval, and then appear at your local circuit court within 60 days to take the oath of office. The commission runs for four years and does not require a surety bond.
Who Qualifies
Virginia keeps the eligibility list short. You need to be at least 18, a legal resident of the United States, and able to read and write English well enough to understand what you are notarizing.1Commonwealth of Virginia. A Handbook for Virginia Notaries Public You do not have to live in Virginia, but if you don’t, you must be primarily employed in the state and perform notary services as part of that job. Leave the Virginia job and you must surrender the commission.2Secretary of the Commonwealth – Virginia.gov. Notary Commissions
A felony conviction disqualifies you unless you have been pardoned or had your civil rights restored. That rule covers felonies under federal law, Virginia law, or the laws of any other state.1Commonwealth of Virginia. A Handbook for Virginia Notaries Public
Filing the Application and Paying the Fee
Applications go through the Secretary of the Commonwealth, either online or on paper. Have your full legal name, home address, business address, phone number, and Social Security Number ready. You also pick the circuit court where your commission will be sent for the oath, so decide that before you start.
The application is a sworn statement. By signing it, you swear everything in it is true and that you meet every qualification for appointment.3Virginia Code Commission. Virginia Code 47.1-5 – Application
The fee is $45 and non-refundable. Online filers pay by credit card through the Secretary’s portal; mailed applications need a check or money order payable to the Treasurer of Virginia. Court clerks and deputy clerks applying for a commission pay nothing.3Virginia Code Commission. Virginia Code 47.1-5 – Application Processing usually takes two to three weeks. When your application is approved, the commission goes to the circuit court you picked, and you get a notification by mail or email.2Secretary of the Commonwealth – Virginia.gov. Notary Commissions
Take the Oath Within 60 Days
This is the step people blow. You must appear before the clerk of the circuit court that received your commission within 60 days of your appointment date. Miss the window and the clerk returns the commission to the Secretary, who cancels it. There is no extension. You start over with a new application and another $45.4Virginia Code Commission. Virginia Code 47.1-9 – Oath of Notary; Duties of Clerks
Bring valid ID. The clerk administers the oath, in which you swear or affirm that you have read Virginia’s notary laws, will uphold the U.S. and Virginia constitutions, and will faithfully perform your duties. You sign, the clerk attests, and you receive your commission certificate. The clerk charges $10.4Virginia Code Commission. Virginia Code 47.1-9 – Oath of Notary; Duties of Clerks
Buy Your Seal
Virginia does not issue the seal. You buy one from a notary supply vendor. It must produce a sharp, legible, permanent impression that photocopies clearly. On every notarized document, place the seal near your signature and write the expiration date of your commission.5Virginia Code Commission. Virginia Code 47.1-16 – Notarizations to Show Date of Act, Official Signature and Seal A seal stamp and a basic journal together usually run $40 to $55.
You cannot white out or strike through part of a notarial certificate and re-stamp it. If you make an error, start the certificate over.
Traditional or Electronic Commission
Virginia issues two kinds of commissions. A traditional commission covers paper documents: in-person signatures, oaths, and an ink seal. That is enough for most notaries.
An electronic commission lets you notarize electronic documents with a digital certificate and electronic seal, and it opens the door to remote online notarization over live two-way video using a state-approved platform. To get one, you must already hold a traditional Virginia commission. The electronic commission takes a separate $45 application, a description of the technology you plan to use, and certification that your setup meets the Secretary’s electronic notarization standards. If you later change the technology, notify the Secretary within 90 days.6Secretary of the Commonwealth – Virginia.gov. Learn About Becoming an Electronic Notary An electronic seal must show your name as it appears on your commission, your registration number, the words “Electronic Notary Public” and “Commonwealth of Virginia,” and the expiration date.
What You Can Charge, and What You Must Record
Virginia caps notary fees per act. Traditional notarizations on paper max out at $10 per act. Electronic notarizations max out at $25 per act. The caps cover acknowledgments, oaths, affidavits, depositions, and certified copies.7Virginia Code Commission. Virginia Code 47.1-19 – Fees Charging less, or nothing, is fine, and many notaries working at banks, law firms, or government offices never charge at all.
Traditional notaries are not required to keep a journal, though the Secretary of the Commonwealth strongly recommends one. Electronic notaries must keep one. Virginia law requires them to maintain a journal of all electronic notarial acts, protect its integrity and security, keep a backup, and retain records for at least five years. Each entry has to include the date and time, the type of notarization, a description of the document, the signer’s name and address, the identification method used, and any fee charged.1Commonwealth of Virginia. A Handbook for Virginia Notaries Public
Virginia does not require a surety bond, which spares you one recurring cost that notaries in many other states carry.
Keeping and Renewing Your Commission
A Virginia commission runs four years.8Virginia Code Commission. Virginia Code 47.1-21 – Term of Office As expiration nears, you can renew through the Secretary’s online Notary Management Account, as long as your name has not changed and your commission has not been expired for more than 30 days. The renewal fee is $45. If your name has changed or you are more than 30 days past expiration, you file a brand-new application.9Secretary of the Commonwealth – Virginia.gov. Become a Notary or Renew My Commission Renewal still requires the oath at the circuit court within 60 days, with the same $10 clerk’s fee.
The fastest way to lose a commission is to step outside the role. A Virginia notary witnesses signatures and administers oaths. Giving legal advice, choosing which notarization applies to a document, helping someone fill out a form, or explaining the legal effect of what they are signing is the unauthorized practice of law. Virginia can also revoke a commission for fraud, dishonesty, false advertising, notarizing where you have a personal financial interest, or failing to comply with the notary statutes. If your seal is lost or stolen, notify the Secretary of the Commonwealth right away.