The Record Behind the Seal

Why Virginia's new journal requirement matters to notaries, businesses, and the people who rely on notarized documents.

HB 163 & Document Integrity Series | Part 2 

Why Recordkeeping Matters

Most notarizations are completed without incident and are never questioned again. Documents are signed, transactions move forward, and life goes on.

Occasionally, however, a transaction becomes the subject of a dispute years later. A signer may not remember the event. An heir may challenge a document. A property owner may allege fraud. A court may need to determine exactly what occurred during a transaction long after the people involved have forgotten the details.

When that happens, memories are often incomplete or unreliable. Records remain.

Virginia's new journal requirement creates a documented record of the notarization that can be referenced if questions arise later. These new Virginia notary journal requirements are intended to create greater consistency, accountability, and transparency throughout the notarization process. In the first article of this series, we explored the difference between personal knowledge and identification. Identity verification helps establish who appeared before the notary. Recordkeeping helps establish what happened during the transaction.

Together, they strengthen document integrity and support confidence in important legal and business transactions.

What Actually Changed?

Prior to July 1, 2026, many Virginia notaries maintained journals as a best practice. Others did not. Electronic notaries already operated under recordkeeping requirements and were required to maintain electronic records of their notarial acts.

HB 163 changes the landscape for traditional notaries by making recordkeeping a legal requirement. Beginning July 1, 2026, Virginia notaries must maintain records of their notarial acts and retain those records for at least five years.

While the requirement applies directly to notaries, its impact extends much further. The law creates a more consistent approach to documenting notarizations across the Commonwealth and provides a clearer record of what occurred during important transactions.

What Information Must Be Recorded?

The new law requires notaries to document specific information about each notarial act. That record must include the date and time of the notarization, the type of notarial act performed, the title or description of the document, the printed name and address of each principal, the evidence of identity used, information regarding any credible witnesses, and the fee charged, if any.

At first glance, that may seem like a significant amount of information to capture. However, the purpose is not to create paperwork for the sake of paperwork. The goal is to create a reliable record that can be reviewed if questions arise months or years later.

A well-maintained journal helps establish the circumstances surrounding the transaction and provides valuable documentation when memories have faded and participants are no longer available to explain what occurred.

What This Means for Businesses and Consumers

Although the new requirement applies directly to notaries, the benefits extend far beyond the notary profession.

Businesses can expect a more consistent recordkeeping process when important documents require notarization. Consumers benefit from a documented history of transactions that may affect their finances, property, healthcare decisions, or legal affairs. Attorneys, lenders, title professionals, and other stakeholders gain additional documentation that may help support the validity of a transaction if questions arise in the future.

In many ways, the requirement strengthens accountability throughout the process. It creates a record that helps protect not only the notary, but also the individuals and organizations relying on the notarized document.

Compliance Responsibility Cannot Be Delegated

Many Virginia notaries perform notarizations as part of their employment. Banks, law firms, construction companies, healthcare organizations, title companies, and government agencies frequently have employees who hold notary commissions.

In some cases, the employer pays for the commission, purchases the seal, provides the journal, or establishes internal procedures. Those contributions may support the notary's work, but they do not transfer responsibility.

The notary remains responsible for complying with Virginia notary law. A company policy does not replace state law, and a notary cannot rely on an employer's instructions to justify a non-compliant notarization.

Employers have an interest in ensuring that staff notaries understand and follow Virginia's requirements. Proper notarial procedures help protect the transaction, reduce disputes, and avoid unnecessary administrative complications. The commission belongs to the notary. The responsibility belongs to the notary.

Understanding that distinction helps both employers and employee notaries maintain compliant practices.

Preparing for July 1, 2026

The implementation date may seem distant, but preparation should begin now.

Notaries should review the new requirements, obtain a journal capable of capturing the information required by law, and develop procedures for retaining records for at least five years. Completed journals should be stored securely and protected from loss, theft, or damage.

Organizations that employ notaries should review internal procedures and ensure employee notaries have the tools necessary to comply with Virginia law. Employers should also understand that while they may support the notary's role, the commissioned notary remains responsible for the performance of the notarial act.

Electronic notaries should use this opportunity to review existing record retention practices and confirm that electronic journals, recordings, audit trails, and backup systems remain compliant and secure.

Common Misunderstandings About the New Journal Requirement

One common misconception is that the requirement only applies to deeds or real estate transactions. In reality, the requirement applies to notarial acts generally and is not limited to property-related documents.

Another misunderstanding is that the journal exists solely for the benefit of the notary. While journals can help protect notaries, they also create records that may later benefit signers, businesses, attorneys, investigators, courts, and other parties who need to understand what occurred during a transaction.

Some employee notaries assume that a journal belongs to the employer because the employer purchased it. However, regardless of who paid for the journal or other notarial supplies, the notary remains responsible for maintaining and protecting those records.

There is also a tendency for traditional notaries to view this change as something that only affects them. In reality, electronic notaries already operate under recordkeeping requirements and should use this opportunity to review their existing procedures and retention practices as well.

Recordkeeping Includes Security

HB 163 also serves as an important reminder that notarial records and supplies must be protected.

Whether traditional or electronic, journals, seals, signatures, recordings, and records should remain under the notary's control and be safeguarded from unauthorized access or use. These records often contain sensitive information and may be needed years after a transaction is completed.

Good recordkeeping is not only about documenting what happened. It is also about ensuring those records remain accurate, secure, and available when needed.

Final Thoughts

HB 163 is frequently discussed in terms of identity verification and fraud prevention. Recordkeeping is an equally important part of that conversation.

Identity verification helps establish who appeared before the notary. Recordkeeping helps establish what happened during the transaction.

Together, they create the documentation and accountability that support trust in important legal and business transactions.

Beginning July 1, 2026, every Virginia notary, employer, and organization that relies on notarized documents should understand the role recordkeeping plays in protecting the integrity of the process.

In the next article, I'll examine another key aspect of HB 163 and explore how accountability extends beyond the notarization itself to the people, processes, and records that support document integrity.

Monique Edwards-Robinson is a Virginia Electronic Notary Public and owner of MER Notary Services. She specializes in remote online notarization and works with attorneys, title professionals, businesses, and individuals who need secure, compliant document execution. Through her educational content, she helps professionals better understand identity verification, document integrity, and the practical application of Virginia notary law.

Disclaimer: This article is provided for educational and informational purposes only and should not be construed as legal advice. Laws and regulations may change, and their application may vary based on specific circumstances. Readers should consult the applicable statutes, regulations, and qualified legal counsel regarding their particular situation.