VA Senate Bill 270 | NNA
Law

VA Senate Bill 270

Notary Law Update: VA Senate Bill 270

State: Virginia

Summary:

Senate Bill 270 removes the requirement that an electronic Notary must take an oath of office before the clerk of the circuit court and clarifies that under certain specified conditions a Notary may notarize a document in which the Notary is named without having a conflict of interest.

Signed:  April 04, 2012

Effective:  July 01, 2012

Chapter: 566

Affects:

Amends Sections 47.1-2, 47.1-9 and 47.1-30 of the Code of Virginia

Changes:
  1. Removes the requirement that an electronic Notary must take an oath of office before the clerk of the circuit court to which the Notary’s commission has been sent.
  2. Clarifies that a Notary named in a document for the purpose of receiving notices, or named in a document as executor, trustee, or other fiduciary, shall not be disqualified from performing a notarial act on the document in which the Notary is named.
Analysis:

In Virginia, persons commissioned as an electronic Notary are issued a separate commission to perform electronic notarial acts. The process included having to appear before the clerk of the circuit court in which the applicant’s electronic Notary commission was sent to take an oath of office. However, SB 270 has removed the requirement for electronic Notary commission applicants to take a separate oath of office. Presumably, since by definition an electronic Notary must first be a Notary, he or she has already taken the oath of office before the circuit court clerk and this one oath was deemed to be sufficient. SB 270 also amends Virginia’s conflict of interest statute. Under existing statute, a Notary named as a fiduciary in a will does not have a conflict of interest and may notarize the will. The new law broadens this exception to any type of document in which the Notary is named as executor, trustee or fiduciary, as well as documents in which the Notary is named for the purpose of receiving notices.

Read the bill text.

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