                                 CODE OF VIRGINIA

GROUNDS FOR REMOVAL FROM OFFICE (§ 47.1-23)

The Secretary may revoke the commission of any notary who:

1. Submits or has submitted an application for commission and appointment as a
notary public which contains a substantial and material misstatement of fact;

2. Is convicted or has been convicted of any felony under the laws of the United
States or this Commonwealth, or the laws of any other state, unless the notary
has been pardoned for such offense, has had his conviction vacated by a granting
of a writ of actual innocence, or has had his rights restored;

3. Is found to have committed official misconduct by a proceeding as provided in
Chapter 5 (&#xA7; 47.1-24 et seq.);

4. Fails to exercise the powers or perform the duties of a notary public in
accordance with this title, provided that if a notary is adjudged liable in any
court of the Commonwealth in any action grounded in fraud, misrepresentation,
impersonation, or violation of the notary laws of the Commonwealth, such notary
shall be presumed removable under this section;

5. Performs a prohibited act pursuant to &#xA7; 47.1-15 or 47.1-15.1;

6. Is convicted of the unauthorized practice of law pursuant to &#xA7;
54.1-3904, or is a licensed attorney at law whose license is suspended or
revoked;

7. Ceases to be a legal resident of the United States;

8. Becomes incapable of reading or writing the English language;

9. Is adjudicated mentally incompetent; or

10. Fails to keep the official physical seal, journal, or device, coding, disk,
certificate, card, software, or passwords used to affix the notary&#8217;s
official electronic signature or seal under the exclusive control of the notary
when not in use.

HISTORY: Code 1950, § 47-2; 1962, p. 687; 1976, c. 559; 1979, c. 14; 1980, c.
580; 1983, c. 435; 2007, cc. 269, 590; 2013, c. 86; 2014, cc. 544, 783.