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In-Person Paper/Electronic Notarizations

Am I required by law to maintain a notary journal in Virginia?

No, a notary public in the State of Virginia is not required to maintain a notary journal. However, if remote online notarizations are legal in the State of Virginia and the notary public is performing online notarizations, they may want to check any specific guidelines surrounding record keeping for remote online notarizations. 

Am I required by law to maintain a notary journal in Virginia for in-person electronic notarizations?

Yes, a notary in Virginia performing in-person electronic notarizations must maintain an electronic notary journal

 

“A notary performing electronic notarial acts shall keep, maintain, protect, and provide for lawful inspection an electronic record of notarial acts..." (COV 47.1-14[C]).

Journal format

Electronic journal required 

 

“A notary performing electronic notarial acts shall keep, maintain, protect, and provide for lawful inspection an electronic record of notarial acts..." (COV 47.1-14[C]).

Journal entry requirements

The electronic notarization journal must contain the:

  • 1. Date and time of day of the notarial act

  • 2. Type of notarial act

  • 3. Type, title, or a description of the document or proceeding

  • 4. Printed name and address of each person seeking an electronic notarization

  • 5. Type of identification used to establish identity of each person seeking electronic notarization

  • 6. Fee, if any, charged for the electronic notarial act (COV 47.1-14)

 

“In accordance with Virginia Code § 47.1-14, an electronic record of notarial acts shall:

  • (a) Allow record entries to be made, viewed, printed out, and copied by an electronic notary only after access is obtained by at least one factor of authentication such as a password, biometric verification, token, or other form of authentication.

  • (b) Not allow a record entry to be deleted or altered in content or sequence by the electronic notary or any other person after a record of the electronic notarization is entered and stored.

  • (c) Have a backup system in place to provide a duplicate electronic record of notarial acts as a precaution in the event of loss of the original record.

  • (d) When not in use, the electronic record shall be kept under the exclusive control of the electronic notary, and shall not be used by any other electronic notary nor surrendered to an employer upon termination of employment. The electronic record is at all times the exclusive property of the notary and no employer or vendor of e-notary services may retain control of a notary’s electronic record for any reason. Exclusive control is achieved by ensuring that at least one method of authentication is required to verify the identity of the electronic notary requesting access to the electronic record” (VENAS 1.3).

Journal retention

5 years

“The electronic record of an electronic notarial act shall be maintained for a period of at least five years from the date of the transaction” (COV 47.1-14[C]).

Remote Online Notarizations

Is Remote Online Notarization (RON) approved in the State of Virginia?

Yes, notaries in the State of Virginia are authorized to perform remote online notarizations

Do I have to record the Remote Online Notarization session?

Only under certain circumstances is it a requirement for the Virginia notary public to record the remote online notarization session 

 

"If video and audio conference technology authorized under § 47.1-2 is the basis for satisfactory evidence of identity and the principal’s identity has been ascertained upon presentation of such satisfactory evidence of identity, the electronic notary shall keep a copy of the recording of the video and audio conference and a notation of the type of any other identification used" (COV 47.1-14[C]).

Am I required to log RON sessions in a journal?

Yes, a notary in Virginia performing remote online notarizations must maintain an electronic notary journal

 

“A notary performing electronic notarial acts shall keep, maintain, protect, and provide for lawful inspection an electronic record of notarial acts..." (COV 47.1-14[C]).

Journal entry requirements

The electronic notarization journal must contain the:

  • 1. Date and time of day of the notarial act

  • 2. Type of notarial act

  • 3. Type, title, or a description of the document or proceeding

  • 4. Printed name and address of each person seeking an electronic notarization

  • 5. Type of identification used to establish identity of each person seeking electronic notarization

  • 6. Fee, if any, charged for the electronic notarial act (COV 47.1-14)

 

“In accordance with Virginia Code § 47.1-14, an electronic record of notarial acts shall:

  • (a) Allow record entries to be made, viewed, printed out, and copied by an electronic notary only after access is obtained by at least one factor of authentication such as a password, biometric verification, token, or other form of authentication.

  • (b) Not allow a record entry to be deleted or altered in content or sequence by the electronic notary or any other person after a record of the electronic notarization is entered and stored.

  • (c) Have a backup system in place to provide a duplicate electronic record of notarial acts as a precaution in the event of loss of the original record.

  • (d) When not in use, the electronic record shall be kept under the exclusive control of the electronic notary, and shall not be used by any other electronic notary nor surrendered to an employer upon termination of employment. The electronic record is at all times the exclusive property of the notary and no employer or vendor of e-notary services may retain control of a notary’s electronic record for any reason. Exclusive control is achieved by ensuring that at least one method of authentication is required to verify the identity of the electronic notary requesting access to the electronic record” (VENAS 1.3).

Reference Links

Helpful resources for Virginia Notaries

  1. The Virginia Electronic Notarization Assurance Standard

  2. Title 47.1 Code of Virginia

  3. Secretary of the Commonwealth Notary Website

  4. “A Notary’s Guide to Completing Journal Entries”

Disclaimer

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser

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