Legislation
State: Virginia
Signed: April 03, 2014
Effective: July 01, 2014
Chapter: 544
SummaryVirginia SB 503 enacts prohibitions and penalties for Notaries who overstep their authority by providing legal advice on immigration matters and representing persons in immigration proceedings, prohibits non-attorney Notaries from using certain terms in a language other than English that indicate the Notary is authorized to give legal advice or practice law, and provides civil and administrative penalties.
AffectsAmends Sections 47.1-23 and 47.1-15.1of the Code of Virginia.
Changes - Prohibits a Notary from offering or providing legal advice on immigration or other legal matters, or representing any person in immigration proceedings, unless he or she is authorized or licensed to practice law in the Commonwealth or is accredited pursuant to 8 C.F.R. Section 292.2 to practice immigration law or represent persons in immigration proceedings.
- Prohibits a Notary from assuming, using, or advertising the title of “notario,” “notario publico,” or “licenciado,” or a term in a language other than English that indicates in such language that the Notary is authorized to provide legal advice or practice law, unless the Notary public is authorized or licensed to practice law in Virginia.
- Provides that any person who violates the provisions of #2 above is subject to a civil penalty not to exceed $500 for a first violation and a civil penalty not to exceed $1,000 for a second or subsequent violation brought in a civil action by the Attorney General.
- Provides that the new law shall not preempt or preclude additional civil, administrative, or criminal penalties authorized by law.
- Provides that the Secretary of the Commonwealth may revoke the commission of a Notary who violates the new law.
AnalysisVirginia Senate Bill 503 enacts prohibitions and penalties for Notaries who overstep their authority by providing legal advice on immigration matters and representing persons in immigration proceedings unless the Notary is licensed to practice law in Virginia. The new law also prohibits Notaries who are not attorneys from using the terms “notario,” “notario publico,” or “licenciado,” or other such terms in a language other than English that indicates that the Notary is authorized to give advice or practice law. The new law provides civil penalties for a first and subsequent violation and allows the Secretary of the Commonwealth to revoke the commission of any Notary who violates the new law.