47.1-2 - Definitions.
§ 47.1-2. Definitions.
As used in this title, unless the context demands a different meaning:
"Acknowledgement" means a notarial act in which an individual at a singletime and place (i) appears in person before the notary and presents adocument; (ii) is personally known to the notary or identified by the notarythrough satisfactory evidence of identity; and (iii) indicates to the notarythat the signature on the document was voluntarily affixed by the individualfor the purposes stated within the document and, if applicable, that theindividual had due authority to sign in a particular representative capacity.
"Affirmation" means a notarial act, or part thereof, that is legallyequivalent to an oath and in which an individual at a single time and place(i) appears in person before the notary and presents a document; (ii) ispersonally known to the notary or identified by the notary throughsatisfactory evidence of identity; and (iii) makes a vow of truthfulness orfidelity on penalty of perjury.
"Commissioned notary public" means that the applicant has completed andsubmitted the registration forms along with the appropriate fee to theSecretary of the Commonwealth and the Secretary of the Commonwealth hasdetermined that the applicant meets the qualifications to be a notary publicand issues a notary commission and forwards same to the clerk of the circuitcourt, pursuant to this chapter.
"Copy certification" means a notarial act in which a notary (i) ispresented with a document that is not a public record; (ii) copies orsupervises the copying of the document using a photographic or electroniccopying process; (iii) compares the document to the copy; and (iv) determinesthat the copy is accurate and complete.
"Credible witness" means an honest, reliable, and impartial person whopersonally knows an individual appearing before a notary and takes an oath oraffirmation from the notary to confirm that individual's identity.
"Document" means information that is inscribed on a tangible medium or thatis stored in an electronic or other medium and is retrievable in perceivableform, including a record as defined in the Uniform Electronic TransactionsAct (§ 59.1-479, et seq.).
"Electronic" means relating to technology having electrical, digital,magnetic, wireless, optical, electromagnetic, or similar capabilities.
"Electronic document" means information that is created, generated, sent,communicated, received, or stored by electronic means.
"Electronic notarial act" and "electronic notarization" mean an officialact by a notary under § 47.1-12 of this title or as otherwise authorized bylaw that involves electronic documents.
"Electronic notarial certificate" means the portion of a notarizedelectronic document that is completed by the notary public, bears the notarypublic's signature, title, commission expiration date, and other requiredinformation concerning the date and place of the electronic notarization, andstates the facts attested to or certified by the notary public in aparticular notarization.
"Electronic notary public" or "electronic notary" means a notary publicwho has been commissioned by the Secretary of the Commonwealth with thecapability of performing electronic notarial acts under § 47.1-7 and has beensworn in by the clerk of the circuit court under § 47.1-9.
"Electronic notary seal" or "electronic seal" means information within anotarized electronic document that confirms the notary's name, jurisdiction,and commission expiration date and generally corresponds to data in notaryseals used on paper documents.
"Electronic signature" means an electronic sound, symbol, or processattached to or logically associated with an electronic document and executedor adopted by a person with the intent to sign the document.
"Notarial act" or "notarization" means any official act performed by anotary under § 47.1-12 or § 47.1-13 or as otherwise authorized by law.
"Notarial certificate" or "certificate" means the part of, or attachmentto, a notarized document that is completed by the notary public, bears thenotary public's signature, title, commission expiration date, notaryregistration number, and other required information concerning the date andplace of the notarization and states the facts attested to or certified bythe notary public in a particular notarization.
"Notary public" or "notary" means any person commissioned to performofficial acts under the title, and includes an electronic notary except whereexpressly provided otherwise.
"Oath" shall include "affirmation."
"Official misconduct" means any violation of this title by a notary,whether committed knowingly, willfully, recklessly or negligently.
"Personal knowledge of identity" or "personally knows" means familiaritywith an individual resulting from interactions with that individual over aperiod of time sufficient to dispel any reasonable uncertainty that theindividual has the identity claimed.
"Principal" means (i) a person whose signature is notarized or (ii) aperson, other than a credible witness, taking an oath or affirmation from thenotary.
"Record of notarial acts" means a device for creating and preserving achronological record of notarizations performed by a notary.
"Satisfactory evidence of identity" means identification of an individualbased on (i) examination of one or more of the following documents bearing aphotographic image of the individual's face and signature: a United StatesPassport, a certificate of United States citizenship, a certificate ofnaturalization, an unexpired foreign passport, an alien registration cardwith photograph, a state issued driver's license or a state issuedidentification card or a United States military card or (ii) the oath oraffirmation of one credible witness unaffected by the document or transactionwho is personally known to the notary and who personally knows the individualor of two credible witnesses unaffected by the document or transaction whoeach personally knows the individual and shows to the notary documentaryidentification as described in subdivision (i).
"Seal" means a device for affixing on a paper document an image containingthe notary's name and other information related to the notary's commission.
"Secretary" means the Secretary of the Commonwealth.
"State" includes any state, territory, or possession of the United States.
(1980, c. 580; 2007, cc. 269, 590.)