{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/47.1-14.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/47.1-14.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/47.1-14.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/47.1-14.html"}],"law_id":65623,"edition_id":1,"section_id":65623,"structure_id":13725,"section_number":"47.1-14","catch_line":"Duty of care","history":"1980, c. 580; 2002, c. 379; 2007, cc. 269, 590; 2008, cc. 117, 814; 2011, cc. 731, 834.","full_text":"A\n\nA notary shall exercise reasonable care in the performance of his duties generally. He shall exercise a high degree of care in ascertaining the identity of any person whose identity is the subject of a notarial or electronic notarial act.B\n\nUnless such person is personally known by the notary, identity shall be ascertained upon presentation of satisfactory evidence of identity as defined in this title.C\n\nA notary performing electronic notarial acts shall keep, maintain, protect, and provide for lawful inspection an electronic record of notarial acts that contains at least the following for each notarial act performed: (i) the date and time of day of the notarial act; (ii) the type of notarial act; (iii) the type, title, or a description of the document or proceeding; (iv) the printed name and address of each principal; (v) the evidence of identity of each principal in the form of either a statement that the person is personally known to the notary, a notation of the type of identification document, which may be a copy of the driver’s license or other photographic image of the individual’s face, or the printed name and address of each credible witness swearing or affirming to the person’s identity, and, for credible witnesses who are not personally known to the notary or electronic notary, a description of the type of identification documents relied on by the notary; and (vi) the fee, if any, charged for the notarial act. 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. The electronic notary shall take reasonable steps to (a) ensure the integrity, security, and authenticity of electronic notarizations, (b) maintain a backup for his electronic record of notarial acts, and (c) ensure protection of such backup records from unauthorized use. 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.D\n\nA notary performing electronic notarial acts shall take reasonable steps to ensure that any registered device used to create an electronic signature is current and has not been revoked or terminated by its issuing or registering authority.E\n\nA notary performing electronic notarial acts shall keep his record, electronic signature, and physical and electronic seals secure under his exclusive control and shall not allow them to be used by any other notary or any other person.F\n\nA notary performing electronic notarial acts shall use the notary’s electronic signature only for the purpose of performing electronic notarial acts.G\n\nA notary performing electronic notarial acts, immediately upon discovering that the notary’s record, electronic signature, or physical or electronic seal has been lost, stolen, or may be otherwise used by a person other than the notary, shall (i) inform the appropriate law-enforcement agency in the case of theft or vandalism and (ii) notify the Secretary in writing and signed in the official name in which he was commissioned.","order_by":null,"text":{"0":{"id":238529,"text":"A notary shall exercise reasonable care in the performance of his duties generally. He shall exercise a high degree of care in ascertaining the identity of any person whose identity is the subject of a notarial or electronic notarial act.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":238530,"text":"Unless such person is personally known by the notary, identity shall be ascertained upon presentation of satisfactory evidence of identity as defined in this title.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":238531,"text":"A notary performing electronic notarial acts shall keep, maintain, protect, and provide for lawful inspection an electronic record of notarial acts that contains at least the following for each notarial act performed: (i) the date and time of day of the notarial act; (ii) the type of notarial act; (iii) the type, title, or a description of the document or proceeding; (iv) the printed name and address of each principal; (v) the evidence of identity of each principal in the form of either a statement that the person is personally known to the notary, a notation of the type of identification document, which may be a copy of the driver’s license or other photographic image of the individual’s face, or the printed name and address of each credible witness swearing or affirming to the person’s identity, and, for credible witnesses who are not personally known to the notary or electronic notary, a description of the type of identification documents relied on by the notary; and (vi) the fee, if any, charged for the notarial act. 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. The electronic notary shall take reasonable steps to (a) ensure the integrity, security, and authenticity of electronic notarizations, (b) maintain a backup for his electronic record of notarial acts, and (c) ensure protection of such backup records from unauthorized use. 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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":238532,"text":"A notary performing electronic notarial acts shall take reasonable steps to ensure that any registered device used to create an electronic signature is current and has not been revoked or terminated by its issuing or registering authority.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":238533,"text":"A notary performing electronic notarial acts shall keep his record, electronic signature, and physical and electronic seals secure under his exclusive control and shall not allow them to be used by any other notary or any other person.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":238534,"text":"A notary performing electronic notarial acts shall use the notary’s electronic signature only for the purpose of performing electronic notarial acts.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":238535,"text":"A notary performing electronic notarial acts, immediately upon discovering that the notary’s record, electronic signature, or physical or electronic seal has been lost, stolen, or may be otherwise used by a person other than the notary, shall (i) inform the appropriate law-enforcement agency in the case of theft or vandalism and (ii) notify the Secretary in writing and signed in the official name in which he was commissioned.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":13725,"edition_id":1,"name":"Powers and Duties","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":13724,"metadata":{},"date_created":"2026-06-26 03:45:41","date_modified":"2026-06-26 03:45:41","permalink":{"id":232987,"object_type":"structure","relational_id":13725,"identifier":"3","token":"47.1\/3","url":"\/47.1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13724,"edition_id":1,"name":"Notaries and Out-Of-State Commissioners","identifier":"47.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:45:41","date_modified":"2026-06-26 03:45:41","permalink":{"id":232925,"object_type":"structure","relational_id":13724,"identifier":"47.1","token":"47.1","url":"\/47.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83722,"structure_id":13725,"section_number":"47.1-12","catch_line":"Powers","url":"\/47.1-12\/","token":"47.1\/3\/47.1-12","metadata":false},{"id":56456,"structure_id":13725,"section_number":"47.1-13","catch_line":"Jurisdiction; Virginia notarial powers outside the Commonwealth","url":"\/47.1-13\/","token":"47.1\/3\/47.1-13","metadata":false},{"id":70570,"structure_id":13725,"section_number":"47.1-13.1","catch_line":"Notarial powers outside the Commonwealth for use in the Commonwealth","url":"\/47.1-13.1\/","token":"47.1\/3\/47.1-13.1","metadata":false},{"id":65623,"structure_id":13725,"section_number":"47.1-14","catch_line":"Duty of care","url":"\/47.1-14\/","token":"47.1\/3\/47.1-14","metadata":false},{"id":54718,"structure_id":13725,"section_number":"47.1-15","catch_line":"Prohibitions","url":"\/47.1-15\/","token":"47.1\/3\/47.1-15","metadata":false},{"id":66059,"structure_id":13725,"section_number":"47.1-15.1","catch_line":"Additional prohibition on advertising; penalties","url":"\/47.1-15.1\/","token":"47.1\/3\/47.1-15.1","metadata":false},{"id":62014,"structure_id":13725,"section_number":"47.1-16","catch_line":"Notarizations to show date of act, official signature and seal, etc","url":"\/47.1-16\/","token":"47.1\/3\/47.1-16","metadata":false},{"id":61934,"structure_id":13725,"section_number":"47.1-17","catch_line":"Change of name","url":"\/47.1-17\/","token":"47.1\/3\/47.1-17","metadata":false},{"id":58603,"structure_id":13725,"section_number":"47.1-18","catch_line":"Notice of change of address; etc","url":"\/47.1-18\/","token":"47.1\/3\/47.1-18","metadata":false},{"id":75932,"structure_id":13725,"section_number":"47.1-19","catch_line":"Fees","url":"\/47.1-19\/","token":"47.1\/3\/47.1-19","metadata":false},{"id":77210,"structure_id":13725,"section_number":"47.1-20","catch_line":"Fee agreements with employer","url":"\/47.1-20\/","token":"47.1\/3\/47.1-20","metadata":false},{"id":85226,"structure_id":13725,"section_number":"47.1-20.1","catch_line":"Validation of certain acts","url":"\/47.1-20.1\/","token":"47.1\/3\/47.1-20.1","metadata":false}],"previous_section":{"id":70570,"structure_id":13725,"section_number":"47.1-13.1","catch_line":"Notarial powers outside the Commonwealth for use in the Commonwealth","url":"\/47.1-13.1\/","token":"47.1\/3\/47.1-13.1","metadata":false},"next_section":{"id":54718,"structure_id":13725,"section_number":"47.1-15","catch_line":"Prohibitions","url":"\/47.1-15\/","token":"47.1\/3\/47.1-15","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/47.1-14\/","history_text":"

This law was first created in 1980. The record of its establishment is cataloged in chapter 580 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1980 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2002, chapter 379<\/a>; in 2007, chapters 269<\/a> and 590<\/a>; in 2008, chapters 117<\/a> and 814<\/a>; in 2011, chapters 731<\/a> and 834<\/a>.<\/p>","references":[{"id":57240,"section_number":"63.2-1202","catch_line":"Parental, or agency, consent required; exceptions","order_by":null,"url":"\/63.2-1202\/"}],"refers_to":[{"id":63282,"section_number":"47.1-2","catch_line":"Definitions","order_by":null,"url":"\/47.1-2\/"}],"permalink":{"id":233001,"object_type":"law","relational_id":65623,"identifier":"47.1-14","token":"47.1\/3\/47.1-14","url":"\/47.1-14\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/47.1-14\/","token":"47.1\/3\/47.1-14","dublin_core":{"Title":"Duty of care","Type":"Text","Format":"text\/html","Identifier":"\u00a7 47.1-14","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A notary<\/span> shall exercise reasonable care in the performance of his duties generally. He shall exercise a high degree of care in ascertaining the identity of any person whose identity is the subject of a notarial or electronic notarial act<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Unless such person is personally known by the notary<\/span>, identity shall be ascertained upon presentation of satisfactory evidence of identity<\/span> as defined in this title. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A notary performing electronic notarial acts<\/span> shall keep, maintain, protect, and provide for lawful inspection an electronic record of notarial acts<\/span> that contains at least the following for each notarial act performed: (i) the date and time of day of the notarial act; (ii) the type of notarial act; (iii) the type, title, or a description of the document<\/span> or proceeding; (iv) the printed name and address of each principal<\/span>; (v) the evidence of identity of each principal<\/span> in the form of either a statement that the person is personally known to the notary, a notation of the type of identification document<\/span>, which may be a copy of the driver’s license or other photographic image of the individual’s face, or the printed name and address of each credible witness<\/span> swearing or affirming to the person’s identity, and, for credible witnesses who are not personally known to the notary or electronic notary<\/span>, a description of the type of identification documents<\/span> relied on by the notary; and (vi) the fee, if any, charged for the notarial act. If video and audio conference technology authorized under § 47.1-2<\/a> is the basis for satisfactory evidence of identity<\/span> and the principal<\/span>’s identity has been ascertained upon presentation of such satisfactory evidence of identity<\/span>, the electronic notary<\/span> shall keep a copy of the recording of the video and audio conference and a notation of the type of any other identification used. The electronic notary<\/span> shall take reasonable steps to (a) ensure the integrity, security, and authenticity of electronic notarizations<\/span>, (b) maintain a backup for his electronic record of notarial acts<\/span>, and (c) ensure protection of such backup records from unauthorized use. The electronic record of an electronic notarial act<\/span> shall be maintained for a period of at least five years from the date of the transaction. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A notary performing electronic notarial acts<\/span> shall take reasonable steps to ensure that any registered device used to create an electronic signature<\/span> is current and has not been revoked or terminated by its issuing or registering authority. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A notary performing electronic notarial acts<\/span> shall keep his record, electronic signature<\/span>, and physical and electronic seals<\/span> secure under his exclusive control and shall not allow them to be used by any other notary or any other person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A notary performing electronic notarial acts<\/span> shall use the notary’s electronic signature<\/span> only for the purpose of performing electronic notarial acts<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> A notary performing electronic notarial acts<\/span>, immediately upon discovering that the notary’s record, electronic signature<\/span>, or physical or electronic seal<\/span> has been lost, stolen, or may be otherwise used by a person other than the notary, shall (i) inform the appropriate law<\/span>-enforcement agency in the case of theft or vandalism and (ii) notify the Secretary<\/span> in writing and signed in the official name in which he was commissioned. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDUTY OF CARE (\u00a7 47.1-14)\n\nA. A notary shall exercise reasonable care in the performance of his duties\ngenerally. He shall exercise a high degree of care in ascertaining the identity\nof any person whose identity is the subject of a notarial or electronic notarial\nact.\n\nB. Unless such person is personally known by the notary, identity shall be\nascertained upon presentation of satisfactory evidence of identity as defined in\nthis title.\n\nC. A notary performing electronic notarial acts shall keep, maintain, protect,\nand provide for lawful inspection an electronic record of notarial acts that\ncontains at least the following for each notarial act performed: (i) the date\nand time of day of the notarial act; (ii) the type of notarial act; (iii) the\ntype, title, or a description of the document or proceeding; (iv) the printed\nname and address of each principal; (v) the evidence of identity of each\nprincipal in the form of either a statement that the person is personally known\nto the notary, a notation of the type of identification document, which may be a\ncopy of the driver’s license or other photographic image of the\nindividual’s face, or the printed name and address of each credible\nwitness swearing or affirming to the person’s identity, and, for credible\nwitnesses who are not personally known to the notary or electronic notary, a\ndescription of the type of identification documents relied on by the notary; and\n(vi) the fee, if any, charged for the notarial act. If video and audio\nconference technology authorized under § 47.1-2 is the basis for\nsatisfactory evidence of identity and the principal’s identity has been\nascertained upon presentation of such satisfactory evidence of identity, the\nelectronic notary shall keep a copy of the recording of the video and audio\nconference and a notation of the type of any other identification used. The\nelectronic notary shall take reasonable steps to (a) ensure the integrity,\nsecurity, and authenticity of electronic notarizations, (b) maintain a backup\nfor his electronic record of notarial acts, and (c) ensure protection of such\nbackup records from unauthorized use. The electronic record of an electronic\nnotarial act shall be maintained for a period of at least five years from the\ndate of the transaction.\n\nD. A notary performing electronic notarial acts shall take reasonable steps to\nensure that any registered device used to create an electronic signature is\ncurrent and has not been revoked or terminated by its issuing or registering\nauthority.\n\nE. A notary performing electronic notarial acts shall keep his record,\nelectronic signature, and physical and electronic seals secure under his\nexclusive control and shall not allow them to be used by any other notary or any\nother person.\n\nF. A notary performing electronic notarial acts shall use the notary’s\nelectronic signature only for the purpose of performing electronic notarial\nacts.\n\nG. A notary performing electronic notarial acts, immediately upon discovering\nthat the notary’s record, electronic signature, or physical or electronic\nseal has been lost, stolen, or may be otherwise used by a person other than the\nnotary, shall (i) inform the appropriate law-enforcement agency in the case of\ntheft or vandalism and (ii) notify the Secretary in writing and signed in the\nofficial name in which he was commissioned.\n\nHISTORY: 1980, c. 580; 2002, c. 379; 2007, cc. 269, 590; 2008, cc. 117, 814;\n2011, cc. 731, 834.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}