Posted by CopperheadVA on 7/11/11 2:30pm
Msg #389347

VA notaries now allowed to perform "Verification of Fact"

I just finished reading the July 2011 Virginia Notary Public Handbook. Apparently Virginia notaries are now authorized to perform "Verification of Fact":

Page 10:
The Commonwealth of Virginia is the first state in the country to authorize the verification of fact as a notarial power. This involves a notary directly accessing public or vital records to confirm or validate a signer’s identity credentials or to confirm facts about an individual’s identity or authorization. A notary may also access public records to confirm facts about such matters as corporate status, date of birth,, or date of marriage.

Page 19:
"Verification of fact" means a notarial act in which a notary reviews public or vital records to (i) ascertain or confirm facts regarding a person's identity, identifying attributes, or authorization to access a building, database, document, network, or physical site or (ii) validate an identity credential on which satisfactory evidence of identity may be based.


Another interesting tidbit regarding jurisdiction:

Page 6:
Virginia notaries have limited powers in performing notarial acts outside the Commonwealth of
Virginia. Documents notarized by a Virginia notary who is traveling outside of the
Commonwealth by Virginia no longer need to be for the narrow purpose of being recorded or
filed in Virginia. A traditional notary public may perform any notarial act outside the
Commonwealth for any writing intended to be used in the Commonwealth of Virginia or by the
United States government.

Reply by CopperheadVA on 7/11/11 2:32pm
Msg #389348

Link to the handbook:
http://www.commonwealth.virginia.gov/Notary/NotaryHandbook.pdf

Strangely, I did not see that it contained an example of an acceptable form of notarial certificate for verification of fact.

Reply by jnew on 7/11/11 2:58pm
Msg #389355

From what you provided, this seems to be a bad law. Our state has penalties for certifying copies of recorded documents that are onerous to say the least. Up to $10,000.00 fine. This law seems to provide that service without the actual copy being a part of the document. The notary examines a document and makes a statement that the document contains certain facts. I think they may be exposing the notary to litigation based on the notary's expertise. How can Virginia authorize one of their notaries to act outside of their commonwealth without a commission from the state of venue? Sounds like they are creating a lot more problems than they are solving.

Reply by BrendaTx on 7/11/11 3:10pm
Msg #389361

Why is this a bad law? I think that Penn. does this. n/m

Reply by CopperheadVA on 7/11/11 3:15pm
Msg #389365

We are not allowed to certify copies of vital records or court documents:

Page 10:
Virginia notaries are not authorized to certify true copies of birth, death, or marriage certificates. Only the Division of Vital Records/Statistics may perform such a certification.
Virginia notaries are not authorized to certify true copies of court issued documents.

I have been a VA notary since 2005 and we have always been allowed to notarized outside the Commonwealth of VA for documents that will be recorded within VA. I have never done this because I was never comfortable with it. What would you put for the venue? If I were physically in Maryland but notarizing a Virgina DOT, would I use the MD venue with my VA stamp? Too iffy for me, so I have never even considered doing it. However, now the requirement has been relaxed, specifically that the documents will be used within VA or by the US Government.

Reply by Lee/AR on 7/11/11 3:05pm
Msg #389358

Wow!!

Just wow. Better get in touch with Notary Now and corner the business. Sure am glad I'm not in VA.

Reply by Lee/AR on 7/11/11 3:16pm
Msg #389366

Re: Wow!! I see that it's just the regs

that go along with that law they passed just a month or so ago. And... I was just kidding about NN. Webcams still not good.

Reply by FlaNotary2 on 7/11/11 3:09pm
Msg #389360

The NNA has had this in their Model Act for some time

I think it is fantastic. I would like to see notaries in other states be granted the same power.

This would essentially allow us to issue simple verifications of birth, death and marriage. This can be extremely useful especially in foreign countries.

Reply by BrendaTx on 7/11/11 3:12pm
Msg #389364

I agree, Robert. I think it is a power that will

bring respect to the office and will also be just the right thing to do some of the kinds of ID that will be needed in the near future.

Reply by Marian_in_CA on 7/11/11 3:11pm
Msg #389363

Wow, indeed. And how, exactly, are they going to make it possible for you to verify these records? Will they give Notaries access to public/court records online for this purpose? Do they expect you to travel to the clerk's office to pull the files?

Interesting.

Reply by CopperheadVA on 7/11/11 3:23pm
Msg #389368

Yes, that's what I am wondering. I'm not sure of what the proper way to go about verifying the facts is? Am I supposed to access public records somehow to verify the facts? Or am I to accept a state-certified copy of a birth certificate that the signer presents to me?

There was no further information contained within the handbook to explain or clarify the process.

The first thing that came to my mind was perhaps this could be used for I-9 forms?

Reply by CopperheadVA on 7/11/11 3:28pm
Msg #389371

Or perhaps this could be used to verify identification documents for signers of a loan package? All you loan closers have seen various Patriot Act forms from time to time that have a place to write in the signer's ID information and then has a notary certificate below that, but no signature lines for the borrowers? Those are the forms where we always say that we can't notarize our own signature...

Reply by Notarysigner on 7/11/11 3:49pm
Msg #389373

Sure would be nice if we could signon the the county's website and use or commission number to gain access

Reply by desktopfull on 7/11/11 4:40pm
Msg #389383

"Virginia notaries have limited powers in performing notarial acts outside the Commonwealth of Virginia. Documents notarized by a Virginia notary who is traveling outside of the
Commonwealth by Virginia no longer need to be for the narrow purpose of being recorded or
filed in Virginia.

It will be very interesting as to how other states will react to VA notories notarizing documents in their states. To my knowledge VA laws aren't applicable to other states.

Reply by MW/VA on 7/11/11 8:07pm
Msg #389406

I have to admit that I still haven't had time to read &

digest the new Handbook.
I think everyone should keep in mind that these changes in law are undoubtedly linked to the
fact that VA is a heavy military & government facilities state. That's why we were allowed to perform a notary act anywhere in the world, as long as it was a doc being recorded in VA.

Reply by desktopfull on 7/11/11 9:12pm
Msg #389412

OP page 6 it doesn't have to be filed in VA n/m

Reply by NJDiva on 7/11/11 10:00pm
Msg #389418

hmm...OP page 6 it doesn't have to be filed in VA

"A traditional notary public may perform any notarial act outside the Commonwealth for any writing intended to be used in the Commonwealth of Virginia or by the United States government."

It seems to me like it is saying that it's not narrowed DOWN to JUST doc's having to be RECORDED in VA. Now it can be "any writing intended to be USED in the Commonwealth of Virginia or by the
United States government."

Is that right?

Reply by MW/VA on 7/12/11 3:54pm
Msg #389504

I said, "why we were" (prior to this change). n/m

Reply by BrendaTx on 7/12/11 10:08am
Msg #389445

I agree, MW. n/m