FAQs: Notary Journal Requirements (AYU July 2026)

Presented by Kay M. Creasman, Counsel

The notary statute (Virginia Code Title 47.1-14) changes, as of July 1, 2026, to require all notaries to keep a log of matters they have notarized. The goal is to help prevent fraud from occurring. Old Republic has discussed this change in our May 2026 Legislative Update webinar, in a publication from our Agency Representatives to Agents, and by separate bulletin, explaining the basics, which will not be covered again here. However, agents have questions. Please realize the responses to these questions are those of the author, based on experience and language in the statute, but may not be how the Secretary of the Commonwealth (whose office oversees notaries) would respond.

1. Q: Who needs to maintain the notary log, the title/settlement agency or the individual notary, or both?

A: Individuals are notaries, not companies or entities. Therefore, each individual notary is responsible for keeping records of documents they notarize. The information needed to confirm someone's identity could lead to identity theft, so care must be taken to make sure the information is maintained securely. The information is required to be maintained for five years. Due to privacy reasons, the notary may not wish to maintain it any longer than five years. 

2. Q: Can I keep my log electronically on my office computer?

A: Nothing prohibits you from doing this, but as an individual notary, you must be assured of a back-up system that will protect your records; a system that is protected against hackers; a system you will be able to download if you change jobs, etc. Although you can keep your records on your employer's computers, it may make more sense to keep paper copies over which you have control.

3. Q: What do I put for the fee charged? My employer includes the "notary fee" in the general settlement costs. I'm paid a salary, not for each notary acknowledgment or sworn document.

A: In your notary log, state that you are not paid a fee by the signatory, but are instead paid a salary by your employer, which covers your services as a notary for your employer. In some cases, the employer may decide to delete the term "notary services" from the description of what is covered, as paper notaries are only allowed to charge $10 for their service. It has never been clear if that is $10 per transaction or $10 per document notarized, so most people deal per transaction.

4. Q: Will our notary log be an issue on settlement agency audits?

A: There's no logical reason for the issue of notary logs to be included in your company audits by Old Republic. Currently, your electronic notary logs aren't included in the audit, so paper notary logs would likewise not be included.

§ 47.1-14. Duty of care. [portions in italics are the changes effective July 1, 2026]

A. A notary shall exercise reasonable care in the performance of their duties generally. They shall exercise a high degree of care in ascertaining the identity of any person whose identity is the subject of a notarial or electronic notarial act.

B. Unless the identity of such a person is personally known by the notary, identity shall be ascertained upon presentation of satisfactory evidence of identity as defined in this title.

C. A notary performing notarial acts or an electronic notary performing electronic notarial acts shall keep, maintain, protect, and provide for lawful inspection a record of notarial acts, or, in the case of an electronic notary, an electronic record of notarial acts, that contains at least the following for each notarial act performed: (i) the date and time of the notarial act; (ii) the type of notarial act; (iii) the type, title, or a description of the document or proceeding; (iv) the printed name and address of each principal; (v) the evidence of identity of each principal in the form of either a statement that the person is personally known to the notary, a notation of the type of identification document (which may be a copy of the driver's license or other photographic image of the individual's face), or the printed name and address of each credible witness swearing of affirming the person's identity, and for any credible witnesses who are not personally known to the notary or electronic notary, a description of the type of identification documents relied on by the notary or by electronic notary; and (vi) the fee, if any, charged for the notarial act or electronic notarial act. If, in the case of an electronic notary, video and audio conference technology authorized under § 47.1-2 is the basis for the satisfactory evidence of identity and the principal's identity has been ascertained upon presentation of such satisfactory evidence of identity, the electronic notary shall keep a copy of the recording of the video and audio conference and the notation of the type of any other identification used. The electronic notary shall take reasonable steps to (a) ensure the integrity, security, and authenticity of electronic notarizations; (b) maintain a backup for their electronic record of notarial acts; and (c) ensure protection of such backup records from unauthorized use.

D. The record of any nonelectronic notarial act performed on or after July 1, 2026 shall be maintained for a period of at least five years from the date of the transaction. The electronic record of an electronic notarial act shall be maintained for a period of at lease five years from the date of the transaction. 

E. A notary performing electronic notarial acts shall take reasonable steps to ensure that any registered device used to create an electronic signature is current and has not been revoked or terminated by its issuing or registering authority.

F. A notary performing electronic notarial acts shall keep their record, electronic signature, and physical and electronic seals secure under their exclusive control and shall not allow them to be used by any other notary or any other person. 

G. A notary performing electronic notarial acts shall use the notary's electronic signature only for the purpose of performing electronic notarial acts.

H. A notary performing electronic notarial acts, immediately upon discovering that the notary's record, electronic signature, or physical or electronic seal has been lost, stolen, or may be otherwise used by a person other than the notary, shall (i) inform the appropriate law enforcement agency in the case of theft or vandalism and (ii) notify the Secretary in writing and signed in the official name in which they were commissioned. 

NOTE: Although E-H have not been changed to add similar requirements for traditional notaries, those changed will probably be made in 2027.