An affidavit is based upon either the personal knowledge of the affiant or his or her information and belief. Personal knowledge is the recognition of particular facts by either direct observation or experience. Information and belief is what the affiant feels he or she can state as true, although not based on firsthand knowledge.
An affidavit is a written statement of facts voluntarily made by an affiant under an oath or affirmation administered by a person authorized to do so by law.
So, can a notary public notarize out-of-state documents? The short answer is yes, notary publics are legally allowed to notarize documents from any state as long the notarial act is conducted within the geographical boundaries of the notary's state of commission.
Virginia notaries have limited powers in performing notarial acts outside the Commonwealth of Virginia. A traditional notary public may perform any notarial act outside the Commonwealth for any writing to be used in the Commonwealth of Virginia or by the United States government.
The Easy Answer: Yes, You May Notarize Out-Of-State Documents.
The venue may seem fairly insignificant, but it's actually important. Every notary has a limited jurisdiction in which they can perform notarial duties. In most states, a notary's jurisdiction is limited to the state for which they are appointed.
No person who has ever been convicted of a felony under the laws of the United States, the Commonwealth of Virginia, or the laws of any other state, qualify to be appointed and commissioned as a notary public unless such person has had their civil rights restored.
What is the turnaround time for approval of notary applications? It usually takes 2-3 weeks for us to receive and process an application. Once processed, your commission will be sent to the selected circuit court. Our office will also send you notification at your preferred method of contact listed on your application.
While a notary public can notarize documents from another state, they must be extra cautious, ensuring the notarial act is legal. Be sure to follow the laws of your state of commission and read the notarial certificate carefully. If you are unsure of the legality of the out-of-state document, you can refuse to sign it.
The signer must appear before the notary. The notary must identify the signer. The signer must take an oath or affirmation in the notary's presence and verbally confirm the document's truthfulness (silent nods are not sufficient). The document must be signed by the signer in the notary's presence.
