In a world of rapidly evolving technology, notary services are moving to an online format, providing convenience and accessibility for all.
One of the pioneers of this transformation is the state of Virginia, which in 2012 became the first state in the United States that allowed online notarisation.
This procedure is carried out via video conference, ensuring the security and authenticity of the performed actions.
Legal Status of Notary in Virginia
In Virginia, a notary is a public representative authorized to certify signatures on documents and provide other notarial services. These actions make documents officially usable in a variety of legal situations.
Virginia has its own laws and regulations governing notarial activities. Basic provisions regarding the legal status and functions of a notary public in Virginia may include the following:
- Authorising body: Notaries in Virginia are appointed by the Governor of the State.
- Powers of a notary public: A notary public in Virginia has the authority to certify signatures on documents, and to attest documents, making them officially suitable for presentation in court or other legal purposes.
- Functions of a notary: The basic functions of a notary public include certifying signatures and copies of original documents, and executing powers of attorney and other legally valid documents.
- Requirements for notaries: A person seeking to become a notary public in Virginia must meet certain criteria, including age, residency in the state, and good standing.
- Appointment and licensing process: Candidates for notary public in Virginia go through the appointment and licensing process through the state’s official bodies, which includes submitting an application, passing a background check and testing.
- Duties and restrictions: Notaries are required to comply with the laws and regulations pertaining to their practice, as well as to maintain confidentiality and professional ethics.
Questions Online Notary Virginia
In 2012, Virginia became the first state in the United States that implemented the ability to notarise online.
This allowed Virginia notaries to provide their services online for people located anywhere in the world.
For example, a person who was in Illinois and had limited travel due to a pandemic could use a Virginia notary public to complete property transfer documents in Hawaii.
This new capability proved useful in a limited mobility environment, making the notary process easier.
Other states also have some restrictions regarding notary services, but generally require that those served are located within the state.
The particular features of online notary in Virginia are noteworthy. There is a significant difference between the notarisation systems in the United States and in countries with a Romano-Germanic system of law.
In Virginia, practically any adult resident of the state who speaks English and has no criminal record for serious offenses can be appointed as a notary by complying with certain formalities and paying a small fee.
It is also worth noting that there is a limit on the amount of payment for notarial acts. In Virginia, it is $5 for a notarial act in person and $25 for an online notarial act.
The powers of a notary public in Virginia, as in other states, are limited. An online notary in Virginia is authorized to perform the following notarial acts:
- To certify documents by attesting to the authenticity of the signature.
- Ensure that statements are taken under oath.
- To certify affidavits or sworn statements.
- Authenticate copies of documents.
- Perform fact-checking.
The strategic aspect is that lawyers rarely choose the profession of notary because of the low fees.
However, most law offices have clerks or assistant law clerks who hold the status of notary public and are able to perform notarial procedures.
Virginia establishes requirements for conducting notary services online.
These services must be conducted via Internet videoconference, with strong security measures in place to identify the participants in the process.
Typically, online notaries in Virginia pay companies that offer full support for conducting notarial acts online.
Notarial acts performed in one of the 50 US states are recognised in all other states without the need for additional legalization.
This is provided for in Article IV, Section 1 of the U.S. Constitution, which establishes the principle of full confidence and respect for the official acts, documents and proceedings of another state.
However, acknowledging notarial acts performed online outside of the US can be more complicated.
It is important to note that Virginia does not participate in the e-APP program and does not provide an apostille for notarial acts performed online.
This means that using documents notarised online in Virginia outside of the state requires the use of more complex traditional legalization methods.
How Online Notary Virginia Happens
In Virginia, the online notarisation procedure is conducted via video conference with specialized online notaries such as PandaNotary. from the general flow of the process:
- Online notary selection: The person who needs to notarise a document selects an online notary registered in the state of Virginia.
- Preparing for a video conference: The person who requires notarisation contacts the online notary through the selected platform. Before the video conference, they must prepare the necessary documents and verify their identity by providing identification documents.
- Identification of the participants: Before starting the notary process, the online notary verifies the authenticity of the certifying documents, checks the identity of the person by requesting identification data and asking control questions.
- Certification of documents: After successful identification, the online notary conducts the process of certifying the documents, closely following all the steps and making sure that the procedure is correct.
- Electronic marking and archiving: Certified documents can be electronically marked as certified and then archived in accordance with state law.
It is important to note that online notaries in Virginia must follow specific security measures and protocols to ensure the confidentiality and accuracy of notarial acts. This involves the use of modern technology to confirm identity and ensure data protection.