Virginia Notary Rules: Commission, Fees, and Penalties

Virginia notary rules live in Title 47.1 of the Code of Virginia and cover who can hold a commission, how each notarization must be performed, what a notary can charge, and what happens when something goes wrong. A commission lasts four years, costs $45 to apply for, and requires an in-person oath at a circuit court before you can perform any official act. Violations range from a $500 fine to a Class 6 felony.

Who Qualifies for a Commission

You must be at least 18, a legal resident of the United States, and able to read and write English. Virginia residency is not required, but nonresidents need a regular place of employment or practice within the state.¹

A felony conviction disqualifies you unless you have been pardoned or had your civil rights restored, and even then approval is discretionary. The Secretary of the Commonwealth decides case by case. Virginia does not require an exam or a training course, but you must affirm on the application that you understand your duties.

Applying and Taking the Oath

Applications go through the Secretary of the Commonwealth’s website. You answer eligibility questions, provide personal details, and pay a nonrefundable $45 fee to the Treasurer of Virginia. Before mailing the printed application, you need to have your signature on Part 3 notarized by a current Virginia notary.²

Once approved, you have 60 days to appear at the circuit court you selected, pay the $10 oath fee, and take the oath of office. Miss that window and the commission is void. You would need to start over with a new application and another $45 fee.²

Commission Term and Renewal

A Virginia commission runs four years and expires on the last day of your birth month in the fourth calendar year after issuance. If you were born in March and commissioned in 2026, the commission expires March 31, 2030.³

Renewal uses the same application and $45 fee. Renew before expiration and you generally do not need to reappear at the circuit court. Let it lapse and you start from scratch, oath included.

What You Can Charge

Fees are capped at $10 per notarial act for paper documents. That covers acknowledgments, oaths, affidavits, depositions, and certified copies. Electronic notarial acts are capped at $25.⁴

These are ceilings, not mandatory charges. You can charge less or nothing. Exceeding them is a violation.

Performing a Notarization

Every notarization follows the same sequence: verify identity, confirm the signer understands and is willing, perform the specific act, and complete the certificate. Most trouble comes from shortcutting one of those steps.

Verifying Identity

Virginia requires a high degree of care when confirming who is in front of you. Personal knowledge of the signer satisfies the requirement. Otherwise, you rely on satisfactory evidence — in practice, a current government-issued photo ID. The Virginia Notary Handbook allows an expired ID if it was issued within the past five years.⁵

If you cannot confirm identity to your satisfaction, refuse the notarization. Virginia law explicitly allows you to decline any notarization for any reason.

Acknowledgments Versus Jurats

The two most common acts serve different purposes. An acknowledgment confirms that the signer appeared before you, was identified, and declared they signed willingly. The signer does not need to sign in your presence; they may have signed earlier and simply acknowledged the signature. Certificate language reads “acknowledged before me.” Virginia provides statutory short forms for acknowledgments by individuals, corporations, partnerships, and attorneys-in-fact.⁶

A jurat is stricter. The signer must sign in your presence and take a spoken oath or affirmation swearing the contents are true. A silent nod does not count. Certificate language reads “subscribed and sworn to before me.” If a jurat document was already signed before the signer appeared, they must sign again in front of you.

Completing the Certificate

Every certificate must contain seven items:⁷

The notarial statement matching the type of act
The date the act was performed
The venue: county or city and state where the act took place
Your commission expiration date
Your official signature
Your registration number, assigned when the commission is issued
Your seal, in a photographically reproducible image

Omitting any item can invalidate the notarization. Using acknowledgment language on a jurat, or the reverse, creates problems that often surface only when a closing falls through or a court rejects a filing.

The Seal

Your seal must appear near your signature on paper certificates. The image must be sharp, legible, permanent, and photocopy clearly. Virginia allows an ink stamp or an embosser; embossed impressions alone sometimes photocopy poorly, so many notaries use both.⁷

If your seal is lost or stolen, report it to local police immediately, keep a copy of the report, and notify the Secretary of the Commonwealth. Order a replacement before performing any further acts.

Journals

Traditional paper notaries are not required to keep a journal, though the Secretary strongly recommends one. A contemporaneous record of each notarization — date, document type, signer’s name, and how you verified identity — is the evidence that protects you if a notarization is later challenged. Electronic journals are permitted if they meet applicable legal standards.⁸

Electronic notaries are required by statute to maintain a detailed electronic record that includes the date and time, the type of act, a description of the document, the signer’s name and address, the identity verification method, and any fee charged.⁵

What Notaries Are Prohibited From Doing

Virginia sets several bright-line rules. Violating any of them can lead to removal, criminal charges, or both.⁹

Notarizing without the signer physically present for paper notarizations. There is no exception for a signature already made and mailed in. Electronic notarizations follow separate identity verification rules.
Acting with intent to deceive or defraud. This is the catch-all that reaches falsified certificates, backdated documents, and knowingly notarizing forged signatures.
Using “Notary Public” to promote, denounce, or endorse any product, service, candidate, or contest.
Signing or sealing a certificate that is not fully filled out.
Giving legal advice if you are not a licensed attorney. You cannot help someone draft, complete, select, or interpret a document that requires a notarial act. Explaining the notarization process itself is fine; telling a signer what a power of attorney means or which form to use is not.

Electronic Notarization

Commissioned notaries can register separately as electronic notaries, which allows notarization of electronic documents using a digital certificate and electronic seal. You must already hold a current paper commission before applying, and the electronic registration carries its own $45 fee. The application asks you to describe the technology you will use.¹⁰

The electronic seal must display your name as commissioned, your registration number, the words “Electronic Notary Public,” “Commonwealth of Virginia,” and your commission expiration date. If you adopt new technology during the term, you must notify the Secretary within 90 days.

Reporting Address and Status Changes

If you move, you must notify the Secretary of the Commonwealth in writing forthwith, meaning without unnecessary delay.¹¹

Nonresident notaries who change their Virginia place of employment must also notify the Secretary. A nonresident who stops working in Virginia altogether must relinquish the commission. A resident notary who moves out of state may be able to keep the commission if the Secretary grants written permission and the notary meets nonresident requirements, but this is not guaranteed.

Penalties

Virginia separates administrative consequences from criminal charges, with civil liability sitting alongside both.

Administrative

The Secretary of the Commonwealth can investigate complaints and suspend or revoke a commission. A notary removed through the formal removal process is disqualified from holding a Virginia commission for 20 years unless the Governor lifts the disqualification sooner.¹²

Criminal

Willful misconduct — knowingly violating any notary duty or prohibition — is a Class 3 misdemeanor, punishable by a fine of up to $500 with no jail time.¹³¹⁴

An employer who pressures a notary into misconduct faces the same Class 3 misdemeanor charge.¹³

Lying on the notary application about a felony conviction is a Class 1 misdemeanor, carrying up to 12 months in jail and a fine of up to $2,500.¹³

Impersonating a notary, meaning acting as one without a valid commission, is a Class 6 felony carrying one to five years in prison. A judge or jury may instead impose up to 12 months in jail and a fine of up to $2,500.¹⁵¹⁶

Civil

Anyone who suffers financial harm from a negligent or improper notarization can sue the notary. A botched notarization on a real estate deed or power of attorney can cause substantial monetary damage, and a civil suit does not depend on a criminal prosecution. Errors and omissions insurance is not required in Virginia, but it covers legal defense, settlements, and judgments arising from unintentional mistakes.

1
Justia Law. Virginia Code Title 47.1 – Notaries and Out-of-State Commissioners
2
Secretary of the Commonwealth. Notary Application Process
3
Virginia Code Commission. Virginia Code 47.1-21 – Commission as Notary
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Virginia Code Commission. Virginia Code 47.1-19 – Fees
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Virginia Code Commission. Virginia Code 47.1-14 – Duty of Care
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Virginia Code Commission. Virginia Code 55.1-621 – Statutory Short Forms of Acknowledgment
7
Secretary of the Commonwealth. A Handbook for Virginia Notaries Public
8
Secretary of the Commonwealth. A Handbook for Virginia Notaries Public
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Virginia Code Commission. Virginia Code 47.1-15 – Prohibitions
10
Secretary of the Commonwealth. Learn About Becoming an Electronic Notary
11
Virginia Code Commission. Virginia Code 47.1-18 – Notice of Change of Address
12
Commonwealth of Virginia. Code of Virginia Sections Pertaining to Notaries Public
13
Virginia Code Commission. Virginia Code 47.1-28 – Willful Misconduct a Misdemeanor
14
Virginia Code Commission. Virginia Code 18.2-11 – Punishment for Conviction of Misdemeanor
15
Virginia Code Commission. Virginia Code 47.1-29 – Impersonation of Notary a Felony
16
Virginia Code Commission. Virginia Code 18.2-10 – Punishment for Conviction of Felony; Penalty