Posted by Hank Alexander on 5/17/07 6:58pm
Msg #190693

New Laws for Virginia Notaries

I received a bulletin from NNA announcing new laws for notaries to take effect July 1, 2007. The NNA are also offering live and on-line seminars on the new law. Comments appreciated.

Reply by Delta_CA on 5/17/07 7:10pm
Msg #190695

Never do ANYTHING that supports the NNA! I'm sure you can get the info you need elsewhere and without giving money to THE CREATURE.

Reply by PL on 5/17/07 7:51pm
Msg #190701

Hank have you gone online to see what the

Commonwealth has to say about this? I like the previous writer would take what the *** says with a salt lick or perhaps the salt lake.

Reply by Sylvia_FL on 5/17/07 8:13pm
Msg #190704

Check your state - 2007 - HB 3112 which is effective July 1st 2007, also check 2007 -HB 2058 (which is identical to SB 826. HB 3112 )

HB 3112 allows notaries to charge a fee up to $5

Reply by aatatusko on 5/17/07 8:26pm
Msg #190705

I'm here in VA, no major changes that you need a seminar for! Just get yourself a stamp that is photocopy ready. That is all I am going to do. I read through the whole page and couldn't
find any significant changes...alittle about witnesses, anyway, read the law you don't need a $129 seminar. Where are you in VA? Send me a pm. The Electronic Notary laws do not take effect until 2008 so don't sign up for any seminars or packages that they are trying to sell ~
let's wait until next spring.

Reply by Harry [NR] on 5/17/07 9:04pm
Msg #190709

Several weeks ago, we started getting requests out of Virginia for seal stamps that reflect the new notary registration number. Apparently some organization (maybe the Bar?) sent a mass communication to Virginia notaries telling them this would be required under the new law.

Well, we've read and re-read HB 2058 and can find nothing specific:

http://leg1.state.va.us/cgi-bin/legp504.exe?071+ful+CHAP0269

The definition for "seal" includes the phrase "...and other information related to the notary's commission." Since it does not specify "all other information," that would not be it.

The commission section references the fact that VA commissions "shall include a registration number," but that would not, by itself, have a bearing on the stamp.

The only other thing I can find that could reasonably be interpreted as requiring registration numbers to appear on seals is Section 47.1-16(B), which states: "A notarial act shall be evidenced by a notarial certificate or electronic notarial certificate signed by a notary in a manner that attributes such signature to the notary public identified on the commission."

Now, assuming two John Smith's are commissioned on the same day in the same county and have the same birth date, a person could argue that the ONLY way to "attribute" their signatures to their commissions would be the notary registration number, which would be a unique identifier. In this case, however, "signed by a notary" would need to cover use of the seal stamp, not just the physical signature. Otherwise, they would need to sign as "John Smith, Reg. #12345".

If the intent was to require the number to be on the stamp, they certainly didn't need to be so nebulous about it. (And it would have been helpful if the bill authors either conveyed their intent or if someone otherwise would have provided a sound interpretation to the Secretary of the Commonwealth. When we quizzed them on it, they gave us the party line - "yes, it will be required" - but could not explain why.)

If anyone has additional insight, please share. Most of the rest of the bill relates to electronic notarization, which is pretty straight-forward.

Harry
Notary Rotary

Reply by RickinVA on 5/18/07 10:29am
Msg #190792

Harry, as a Virginia Notary, I can only relate MY understanding of the new regulations ref: the stamp. THe number does NOT have to be on it, BUT, I do not want to carry another stamp, and I don't want to have to write any additional info that isn't absolutely required, so I would hope that those who make the stamps can be relied upon to add that registration number to the info in that stamp. The info I have is that the number is REQUIRED on the Notorial certificate on notarized documents. For those who don't know it, the notarization must be on the same sheet as the signatures, which may mean the use of an attached cert. will not be allowed.. (At least the ones I presently have.) They may have to be altered to show the sigs on them, but if I do that, it may be considered UPL. ( I don't have enough money to ask a lawyer about all the 'catch-22s' in Va law!)

Rick

Reply by CopperheadVA on 5/18/07 10:53am
Msg #190796

That's exactly what I was thinking - that the loose certs would have to be altered to include the signatures so we can follow with the notarization on the same page, but I, like you, don't know if we are allowed to do that due to UPL concerns.

Reply by Shannon_Va on 5/18/07 5:46pm
Msg #190870

My take is that we need a stamp that incluses our registration number because our 'seal' needs to be copyable. So we dont need our embosser anymore. And recordings can be rejected without the number.

Also, as of July 1, the borrowers signatures need to be on the same page as our notarial act. This is going to cause alot of lenders to change the format in which they prepare the closing docs....I hope they all figure it out fast.

Reply by Hank_VA on 5/18/07 6:59pm
Msg #190881

Thanks everyone for your comments and suggestions.