What a Notary Public Can and Cannot Do

According to the Code of Virginia and the Handbook for Virginia Notaries Public, powers given to a Notary are:

• Taking acknowledgments
• Administering oaths and affirmations
• Certifying affidavits or depositions
• Certifying “true copies” of documents
• Verification of fact

Following the procedure set forth by the Secretary of the Commonwealth is not only required, but stressed in order to perform your job as a Notary Public properly and legally. Those Notaries who have cut corners turned a blind eye to procedures for convenience or were coerced into incorrect notarization procedures find themselves in a great deal of trouble where they can not only lose their commission but can be liable for damages and could be prosecuted.

What CAN a Virginia Notary Public do?

• Perform your duties outside of the state if the document is for use in Virginia OR in a Federal Office anywhere in the United States.
• Notarize a child’s signature if required proof of identification is the same as an adult.
• May notarize powers of attorney and wills.
• May administer legally binding Oaths.
• May refuse a notarization if you feel there is something off. This is IMPORTANT for a notary to understand. The Commonwealth of Virginia will not question your reasons for NOT performing a notarization. Your personal reputation and ethical behavior are the basis of your Public Office. Whatever you notarize remains as an action that follows you for the life of the document, you will always be the first person contacted if a question arises on a notarized transaction you performed.

What CAN’T a Virginia Notary Public do?

• You are not authorized to certify a copy of a birth certificate, death certificate, or marriage certificate – these are public records and may not be certified by a Notary.
• You are not authorized to certify a copy of a court-issued document.
• You are not authorized to perform marriage ceremonies; this is an entirely different Office in Virginia and a special certificate is required.
• You cannot notarize your own signature and should avoid notarizing documents for family members.
• You cannot give legal advice (unless you are an attorney). If you are asked any questions about the content or type of document, refer them to an attorney who is licensed in the state the document will be used in. Answering these questions as a notary public may cause you to be charged with Unlicensed Practice of Law (or UPL). The repercussions of this may include fines and loss of your commission.
• You cannot advise what type of notarization should be used. Always refer the signer to an attorney for the certificate type if a document comes to you without one.