Virginia Code 47.1-30: Conflict of interests
No notary shall perform any notarial act with respect to any document, writing, or electronic document to which the notary or his spouse is a party, or in which either of them has a direct beneficial interest, or where the notary is a signatory or is named in the document to be notarized, except that a notary named in a document for the purpose of receiving notices, or named in a document as executor, trustee, or other fiduciary, shall not, for that reason alone, be precluded from performing notarial acts with respect to such document.
Terms Used In Virginia Code 47.1-30
- Document: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form, including a record as defined in the Uniform Electronic Transactions Act (§ Virginia Code 47.1-2
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Virginia Code 47.1-2
- Executor: A male person named in a will to carry out the decedent
- Fiduciary: A trustee, executor, or administrator.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Official misconduct: means any violation of this title by a notary, whether committed knowingly, willfully, recklessly or negligently. 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
- Trustee: A person or institution holding and administering property in trust.
Any notary who violates the provisions of this section shall be guilty of official misconduct.
A notarial act performed in violation of this section shall not automatically be void for such reason, but shall be voidable in the discretion of any court of competent jurisdiction upon the motion of any person injured thereby.
1980, c. 580; 1992, c. 194; 2007, cc. 269, 590; 2011, c. 746; 2012, c. 566.