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VA House Bill 163/Senate Bill 316

Legislation

State: Virginia
Signed: April 08, 2026

Effective: July 01, 2026
Chapter: 364/365

Summary

House Bill 163/Senate Bill 316 add mandatory education, examination, journal, and secure Notary seal issuance provisions.

Affects

Amends Sections 47.1-2, 47.1-5, 47.1-5.1, 47.1-8, 47.1-11, and 47.1-14 of, and adds Sections 47.1-5.2 and 47.1-8.1 to the Code of Virginia.

Changes
  1. Requires first‑time Notary commission applicants to complete 4 hours of training covering notarial laws, best practices and procedures, and identity verification, including at least 1 hour on real estate fraud and the financial exploitation of elderly persons, with instruction on current trends and recognizing suspected fraud or exploitation.
  2. Requires renewing Notaries to complete 2 hours of training, including at least 1 hour on real estate fraud and the financial exploitation of elderly persons, with instruction on current trends and recognizing suspected fraud or exploitation.
  3. Requires applicants for a Notary commission to take and pass an examination.
  4. Requires Notaries performing paper‑based notarial acts to maintain a journal.
  5. Requires Notaries to retain the journal for paper-based notarial acts for at least 5 years from the date of the notarial act.
  6. Requires Notaries to present proof of commissioning in order to obtain a physical Notary Public seal, and further requires Notaries and seal vendors to retain this proof for at least five years.
  7. Requires the Secretary of the Commonwealth to include in reference materials for Notaries and Electronic Notaries updates and trends relating to real estate fraud and the financial exploitation of elderly persons.
Analysis

House Bill 163/Senate Bill 316 substantially strengthens the professional framework for Notaries and Electronic Notaries by establishing mandatory education, testing, and recordkeeping requirements. The required coursework emphasizes core notarial law and procedures while recognizing that modern notarization increasingly depends on accurate identity verification and informed judgment by the Notary.

A notable feature of the bill is its targeted focus on real estate fraud and the financial exploitation of elderly persons. By mandating dedicated instruction for both new and renewing Notaries, the bill treats fraud prevention as a continuing obligation rather than a one‑time orientation topic. This approach acknowledges that fraud schemes evolve and that Notaries serve as a frontline safeguard in transactions involving real property and vulnerable individuals.

The courses will either be developed by or approved by the Secretary of the Commonwealth. This means the Secretary will offer the courses or approve courses from private providers. We will have to wait and see which option the Secretary chooses to implement the course requirement. While the bill takes effect July 1, 2026, for most provisions, the mandatory education provisions take effect July 1, 2027.

Requiring journals for paper‑based notarial acts, establishing a uniform five‑year retention period, and conditioning the issuance of a physical Notary seal on proof of commissioning collectively promote traceability and reduce opportunities for fraud. These provisions reflect a comprehensive effort to modernize Notary regulation by pairing education and prevention with recordkeeping and enforcement tools designed to protect the public and reinforce confidence in notarial acts.

Read House Bill 163.

Read Senate Bill 316.

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