AYU: Remote Online Notarization (RON) in Virginia

Presented by Hayden-Anne Breedlove, State Counsel

Q: Our sellers will be signing through electronic notarization. The lender has approved the company. Does Old Republic Title have a list of approved electronic notaries?

A: We do not have an “approved” list of companies for Remote Electronic Notarization (RON). When e-notaries were new, the Secretary of the Commonwealth approved these companies as compliant with Virginia statutory requirements: DocVerify, LenderClose, Notarize, NotaryCam, Pavaso (an Old Republic Title company), Safedocs, SIGNiX, and World Wide Notary. The Secretary's website also made it clear they would not continually update the list. Many other companies that are compliant now exist.

Old Republic Title does not require agents to use a specific service. However, when one of these are used, we have comfort that they comply with Virginia standards. A continuing issue has been whether a e-notary from another state can be recorded in Virginia. A strict reading of the language in the Code made many Clerks believe it had to be a Virginia e-notary. 

New legislation is going into effect on July 1, 2025 that will allow a Clerk to record any document notarized by an e-notary, so it is no longer an issue.

HB 1889 (2025):

“Be it enacted by the General Assembly of Virginia: 1. That § 47.1-13.1 of the Code of Virginia is amended and reenacted as follows:

§ 47.1-13.1. Notarial powers outside the Commonwealth for use in the Commonwealth. A. As used in this section, "notarial act" means an act, whether performed with respect to a tangible or electronic document, that a notary public commissioned in the Commonwealth may perform under the laws and regulations of the Commonwealth.

 B. Notarial acts may be performed outside the Commonwealth for use in the Commonwealth with the same effect as if performed by a notary public of the 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 the Commonwealth:

1. A notary public authorized to perform notarial acts under the laws of that jurisdiction;

2. A judge, clerk, or deputy clerk of any court of record in the place in which the notarial act is performed;

3. An officer of the foreign service of the United States, a consular agent, or any other person authorized by regulation of the United States Department of State to perform notarial acts in the place in which the act is performed;

4. A commissioned officer in active service with the armed forces of the United States and any other person authorized by regulation of the armed forces to perform notarial acts if the notarial act is performed for one of the following or his dependents: a merchant seaman of the United States, a member of the armed forces of the United States, or any other person serving with or accompanying the armed forces of the United States; or

5. Any person authorized to perform acts in the place in which the act is performed.

B. C. A document notarized outside the Commonwealth by a notary public or other person referenced in subsection A which B that appears on its face to be properly notarized shall be presumed to have been notarized properly in accordance with the laws and regulations of the jurisdiction in which the document was notarized.”