David A. Hirsch, Esquire ©
During this time of COVID-19 required isolation, you may be worried about how to proceed with transactions requiring notarized documents, such as wills or real estate transfers. Normally, such notarizations are conducted in person. Surprisingly, there are still businesses providing in-person notary services. For example, some UPS stores are still offering the services. See https://www.theupsstore.com/store-services/notary-services. You should contact the individual store ahead of time to make sure they are open and still providing the service. Also, many banks are offering notary services via their drive-through windows. Some banks require advance appointments, so it is always best to call ahead to verify. Always remember to bring a valid, government-issued photo identification.
However, if you do not wish to leave your home, or if there are no in-person services available near you, Virginia permits electronic notarization of documents (“eNotary”). Here are the guidelines:
https://www.commonwealth.virginia.gov/official-documents/notary-commissions/enotary-faq/
Finding a proper eNotary provider requires due diligence. You can quickly find a number of such providers advertising on-line. However, you may wish to dig deeper to determine where they are located and whether they have registered to conduct business in Virginia. A valuable resource to check the status of potential providers is the Virginia State Corporation Commission’s information search page: https://cis.scc.virginia.gov/. Under the “Search” section in the middle of the page is the option for a “Business Entity Search.” Simply type the business name of the potential provider into the box labeled “Entity Search” and click the search button. This search can be done even without the entity ID.
Under Virginia law, a notary can charge a maximum five-dollar ($5.00) fee for in-person notarizations and a maximum twenty-five dollar ($25.00) fee for electronic notarizations. See Virginia Code Section 47.1-19: https://law.lis.virginia.gov/vacode/title47.1/chapter3/section47.1-19/.
In very narrow instances, a notary can also charge for travel expenses. When looking through websites of companies offering eNotary services, I found one that charged an additional fee for “equipment verification.” That is a red flag.
The bottom line is that if you have a transaction requiring notarized documents, this current health crisis is not a reason to delay. There are still in-person options available. Additionally, by being a careful shopper, electronic notary service is another option. Either way, with some adjustment, there is no reason to let this pandemic delay or stop important or time-sensitive transactions.