Virginia Notary Requirements and E&O Insurance

Is a notary bond required in Virginia?

No. Virginia does not require a notary public to post a surety bond to receive or hold a commission. The Secretary of the Commonwealth’s official notary handbook is explicit that “Virginia notaries are not required to post a bond in order to obtain their commission.” This sets Virginia apart from many states where a bond is a mandatory filing step.

Because there is no bond to protect the public, the notary’s own care and compliance carry the weight. A Virginia notary is a public official whose powers and duties are defined by statute, acting as an unbiased witness to the identity and signature of the person appearing before them. If a notary acts negligently or improperly, an injured party may pursue the notary directly, and violations of the Virginia Notary Act constitute “official misconduct” that can lead to removal from office.

The handbook notes that all notaries may wish to consider liability insurance for their own protection, and that notaries who perform notarial duties in connection with employment should ask their employer whether they are covered under an existing policy.

How to become a notary in Virginia

1. Confirm eligibility. An applicant must be at least 18 years old, a legal resident of the United States, able to read and write English, and either a resident of Virginia or regularly employed in the state. A felony conviction disqualifies an applicant unless civil rights have been restored.
2. Complete the application. Use the Secretary of the Commonwealth’s Notary Management Accounts System (online) to apply for a first-time commission, a renewal, or a name change. The name on the application and commission must exactly match the applicant’s state-issued identification.
3. Pay the fee. Submit the non-refundable $45 application fee to the Secretary of the Commonwealth.
4. Take the oath of office. The commission is sent to the Circuit Court of the city or county the applicant selects, where the applicant qualifies by taking the oath of office before acting as a notary.
5. Obtain a seal. Virginia law requires a notary seal or stamp before performing notarial acts.

Bond vs. E&O insurance in Virginia

In many states a surety bond and E&O insurance play different roles, but in Virginia only one of them exists at all. There is no bond requirement, so a notary does not file any bond with the Commonwealth or a court. A surety bond, where required elsewhere, protects the public and is repaid by the notary; it is not personal protection for the notary.

Errors and omissions insurance is different: it is optional coverage a Virginia notary may purchase to help cover legal costs or claims arising from an unintentional mistake in a notarization. Because Virginia does not mandate either product, a notary weighing E&O coverage is making a personal risk decision, not satisfying a licensing rule.

Renewing your Virginia commission

A Virginia commission may be renewed every fourth year by filing a new application with the Secretary of the Commonwealth. Renewals are handled through the same Notary Management Accounts System used for first-time applications, provided the notary is in good standing, is not subject to an ongoing investigation, and has not been removed from office. If a notary’s name has changed, or the commission has been expired for more than 30 days, a new notarized application is required. Because the term ends on the last day of the notary’s birth month, it is important to renew before that date—acting under an expired commission may constitute a criminal offense.

Remote online notarization in Virginia

Virginia recognizes electronic and remote (online) notarization. Remote electronic notarization incorporates strict identity-verification standards and requires the notary to keep a recording of the video conference for each notarial act—a record not required for paper notarizations. A notary must qualify separately for an electronic commission before performing electronic or remote notarizations, and the identity-proofing threshold is higher than for in-person paper acts.

Non-resident notaries in Virginia

Virginia allows non-residents to be commissioned. A person who does not live in Virginia may be appointed if they are regularly employed in the state and perform notary services in connection with that employment. A non-resident notary who stops being regularly employed in Virginia must surrender their commission.