Every notary appointed by the Governor of the Commonwealth of Virginia is allowed to perform the following acts (§ 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

Primarily, notaries serve as an impartial witness to the signer by verifying their identity and certain facts, such as the signing of a document or the acknowledgement of the signing of a document.  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 include:

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

Frequently these types of documents require one of two similar, yet different acts: an acknowledgement or a jurat.  Simply put, the primary difference is that a jurat requires the administration of an oath or affirmation and a document must be signed in the presence 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.

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” is another, albeit rare, act notaries are empowered to perform in the Commonwealth of Virginia.  In this act, the notary uses public records or databases to verify information and then attests to the information found.  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 the client’s responsibility to determine what 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 done.

Another way in which people come in contact with notaries is when they sign real estate mortgage & loan documents.  A notary that helps you with this is sometimes called a signing agent.  While all commissioned notaries are technically able to notarize your loan documents, most respectable notaries will never agree to be a signing agent for you unless they have been adequately trained in the specific procedures for signing loan documents and passed a certification exam.  As mentioned in my “About Me,” being a notary is not a source of income for me, and therefore I have chosen not to take the courses I would need to be a signing agent.  Because of this, I will not be able to accept any requests involving closing or loan documents.