No notary shall perform any notarial act with respect to any document, writing, or electronic document to which the notary or his spouse is a party, or in which either of them has a direct beneficial interest, or where the notary is a signatory or is named in the document to be notarized, except that a notary named in a document for the purpose of receiving notices, or named in a document as executor, trustee, or other fiduciary, shall not, for that reason alone, be precluded from performing notarial acts with respect to such document.
Any notary who violates the provisions of this section shall be guilty of official misconduct.
A notarial act performed in violation of this section shall not automatically be void for such reason, but shall be voidable in the discretion of any court of competent jurisdiction upon the motion of any person injured thereby.
1980, c. 580; 1992, c. 194; 2007, cc. 269, 590; 2011, c. 746; 2012, c. 566.
Structure Code of Virginia
Title 47.1 - Notaries and Out-of-State Commissioners
Chapter 6 - Civil and Criminal Liability
§ 47.1-26. Civil liability of notary
§ 47.1-27. Civil liability of employer of notary
§ 47.1-28. Willful misconduct a misdemeanor
§ 47.1-29. Impersonation of notary a felony