                                 CODE OF VIRGINIA

DUTY OF CARE (§ 47.1-14)

A. 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.

B. 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.

C. 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&#8217;s license or other photographic image of the
individual&#8217;s face, or the printed name and address of each credible
witness swearing or affirming to the person&#8217;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 &#xA7; 47.1-2 is the basis for
satisfactory evidence of identity and the principal&#8217;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. 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.

E. 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.

F. A notary performing electronic notarial acts shall use the notary&#8217;s
electronic signature only for the purpose of performing electronic notarial
acts.

G. A notary performing electronic notarial acts, immediately upon discovering
that the notary&#8217;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.

HISTORY: 1980, c. 580; 2002, c. 379; 2007, cc. 269, 590; 2008, cc. 117, 814;
2011, cc. 731, 834.