Virginia Language Services
At Virginia Language Services, people frequently come to us to have their personal documents (birth certificates, marriage certificates, etc.) translated. We are happy to provide this service, but over the years a disturbing trend has developed. Many Latin Americans are unaware that in Virginia a Notary Public is allowed by law only a minimal fee for his or her services and as a consequence, some unscrupulous individuals have been taking advantage of this fact charging in some cases hundreds of dollars and performing acts no notary in Virginia is authorized to do, creating powers of attorney, wills, or other legal documents only an attorney can. The reason for this is simple. In Latin American countries, Notary Publics resemble paralegals more than anything else. In fact, in these countries, being a Notary is a profession requiring degree work. A Notary Public in Virginia is an official witness and empowered to administer oaths, nothing more. Someone new to this country may well not be aware of this fact, thus creating a huge market and opportunity for profiteering. In fact, they may not even be a Notary at all, in which case, they are committing a felony. If you are unsure, ask to see their commission, which is signed by the Governor and Secretary of the Commonwealth. Any Notary duly commissioned will be happy to show it to you. For the record, the following are extracts from the Code of Virginia and the Virginia handbook for notaries on the topic of Notaries, the fees they are entitled to and their authority:
Fees:
By law, a notary is not required to charge a fee. However, he or she may charge up to $5.00 for each notarial act performed.
The only other payment a notary may request is actual travel expenses if the notary is required to travel away from home or office to perform the notarial act. In this case, the notary and client must agree on the payment to be made. (Source: A Handbook for Virginia Notaries Public Published by the Office of the Secretary of the Commonwealth July 1, 2009 , p.8)
§ 47.1-29. Impersonation of notary a felony.
Any person who shall willfully act as, or otherwise impersonate, a notary public while not lawfully commissioned as a notary public or other official authorized to perform notarial acts, shall be guilty of a Class 6 felony.
(1980, c. 580.) § 55-118.1. "Notarial acts" defined; who may perform notarial acts outside Commonwealth for use in Commonwealth.
For the purposes of this article, "notarial acts" means acts which the laws and regulations of this Commonwealth authorize notaries public of this Commonwealth to perform, including the administering of oaths and affirmations, taking proof of execution and acknowledgments of instruments, and attesting documents. Notarial acts may be performed outside this Commonwealth for use in this Commonwealth with the same effect as if performed by a notary public of this Commonwealth by the following persons authorized pursuant to the laws and regulations of other governments in addition to any other person authorized by the laws and regulations of this Commonwealth...
The law is clear. The scam continues. If you are a Virginia resident and know of individuals claiming to be Notaries and offering to perform functions other than those listed above or charging more than allowed, contact the Commonwealth's Attorney's office in your community or the office of the Virginia Attorney General. These people are criminals and this is a scam. Innocent people are being victimized.
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