Virginia (VA)
Mobile Notary Publics Professional Liability Insurance in Virginia
Virginia is one of the few states that does not require a surety bond for traditional notaries public. However, mobile notaries in the Commonwealth face significant professional risks when traveling to perform acts in various settings. While a journal is only mandatory for electronic and remote online notarizations, maintaining one for all acts is a critical risk management strategy. To mitigate the financial impact of potential lawsuits, Virginia mobile notaries often rely on Errors & Omissions insurance, which provides protection where state-mandated bonds do not exist.
Mobile Notary Publics in Virginia at a glance
- Surety Bond Requirement
- None Required
- Journal Requirement
- Mandatory for RON / Recommended for Traditional
- Travel Fee Limit
- Actual & Reasonable Expenses
Virginia does not require a bond for traditional notaries public.
Keeping a journal for all acts is considered a best practice for risk management.
Travel fees cannot exceed the notary's actual costs (e.g., mileage, tolls).
Bonding and Liability Protection in Virginia
Unlike many other states, Virginia does not require traditional notaries to be bonded. This means there is no state-mandated financial backup for the public, but it also means the notary does not have the initial cost of a bond. However, this lack of a bond requirement underscores the importance of Errors & Omissions (E&O) insurance.
E&O insurance for Virginia notaries covers legal fees and settlements if a notary is accused of making a mistake. In the mobile notary business, where you may be notarizing documents for real estate transactions or power of attorney in a client's home, the risk of a high-value claim is significant. E&O insurance provides the peace of mind that personal assets are protected.
Virginia Journal Rules and Best Practices
In Virginia, a journal is only legally required for electronic notarial acts (eNotarization) and Remote Online Notarizations (RON). For traditional, paper-based notarizations, the law does not mandate a journal. However, the Secretary of the Commonwealth strongly recommends that all notaries maintain a journal of their acts.
For a mobile notary, the journal is their best witness. In the event of a dispute over a signature's validity, a well-kept journal providing details of the identification presented and the date/time of the signing can be the difference between a dismissed claim and a costly legal battle.
Commissioning and Travel Fee Restrictions
Virginia notary commissions are valid for four years. Applicants must be at least 18 years old and a legal resident of the United States. Virginia law allows notaries to charge a travel fee, but it is strictly limited to the actual and reasonable expense of travel. This is a tighter restriction than in many other states where 'convenience' fees are common.
Mobile notaries in Virginia must be careful to document their travel expenses if they intend to charge for them, ensuring that the total fee charged does not exceed the actual costs incurred for the trip.
Mobile Notary Publics FAQs for Virginia
General guidance, not legal advice. Confirm current rules with the Virginia Bureau of Insurance or talk with a licensed US Professional Insure agent.