HB1889 amends Virginia’s law governing notarial acts performed outside the Commonwealth for use within Virginia. The bill clarifies that certain out-of-state or foreign-location notarizations have the same effect as if performed by a Virginia notary public, so long as they are performed by persons authorized under the laws of the relevant jurisdiction. The covered officials include notaries public, judges and court clerks, U.S. foreign service officers and consular agents, certain military officers, and any other person authorized to perform such acts where the notarization occurs.
The bill also updates the statutory definition of “notarial act” to include acts performed on tangible or electronic documents, reflecting modern document practices. In addition, it creates a presumption that a document notarized outside Virginia and appearing on its face to be properly notarized was properly notarized under the laws of the place where it was executed. This makes it easier for Virginia to recognize and rely on out-of-state notarizations in legal and administrative settings.
Impact
The bill amends and reenacts § 47.1-13.1 of the Code of Virginia, expanding and clarifying the legal recognition of notarial acts performed outside the Commonwealth for use in Virginia. Its practical effect is to reduce uncertainty about the validity of notarizations from other jurisdictions, including electronic documents, and to support acceptance of documents executed by military, diplomatic, and other authorized officials abroad or elsewhere outside Virginia. The change primarily affects notaries, courts, clerks, attorneys, businesses, and individuals submitting notarized documents for use in Virginia.
Sentiment
The bill appears to have received broad and unanimous support throughout the legislative process. It was reported from subcommittee and committee without opposition, passed the House 96-0, and passed the Senate 40-0. The lack of recorded dissent suggests the measure was viewed as a technical, clarifying update rather than a controversial policy change.
Contention
There is no recorded substantive opposition in the available materials. The only notable legislative action was the use of a substitute in committee, which suggests some drafting refinement rather than disagreement over the bill’s purpose. Any discussion likely centered on ensuring Virginia law clearly recognizes out-of-state notarizations, including electronic and military/diplomatic notarizations, without creating barriers for documents used in the Commonwealth.