Virginia Code 47.1-9: Oath of notary; duties of clerks
Before receiving his commission, each person appointed a notary shall appear before the clerk of the circuit court to which his commission has been sent, present sufficient satisfaction of evidence of identity as defined in § 47.1-2, and make oath as follows:
Terms Used In Virginia Code 47.1-9
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Virginia Code 47.1-2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
- notary: means any person commissioned to perform official acts under the title, and includes an electronic notary except where expressly provided otherwise. See Virginia Code 47.1-2
- Oath: A promise to tell the truth.
- Oath: shall include "affirmation. See Virginia Code 47.1-2
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Secretary: means the Secretary of the Commonwealth. See Virginia Code 47.1-2
- Uphold: The decision of an appellate court not to reverse a lower court decision.
“I,……………., solemnly swear (or affirm) under penalty of perjury, that I have carefully read the notary laws of this Commonwealth, and am familiar with their provisions; that I will uphold the Constitution of the United States and the Constitution and laws of the Commonwealth of Virginia; and that I will faithfully perform, to the best of my ability, the duties of the office of notary public.”
Such oath shall be signed by the applicant and attested by the clerk. The clerk shall thereupon issue to the applicant his commission as notary public or electronic notary public. Within 14 days of such qualification, the clerk shall certify the fact of such qualification to the Secretary of the Commonwealth.
No person shall be permitted to qualify who does not appear before the clerk within 60 days of his appointment. The clerk of each circuit court shall, at least once each month, return to the Secretary all commissions which have not been claimed within such 60-day period, and the Secretary shall forthwith cancel the same.
1980, c. 580; 2007, cc. 269, 590; 2008, cc. 117, 814; 2012, c. 566.