⚠️ New law in effect July 1, 2026: Virginia House Bill 163 / Senate Bill 316 (signed April 8, 2026) makes journal recordkeeping mandatory for every Virginia notary — not just electronic notaries. Failure to comply can result in civil liability and commission revocation.

What Changed on July 1, 2026?

Before July 1, 2026, Virginia’s journal rules depended entirely on what type of notary you were. Electronic notaries and RON notaries were required by law to keep a journal. Traditional paper notaries were only recommended to do so — and many didn’t.

House Bill 163, signed by the Governor on April 8, 2026, eliminated that gap. Effective July 1, 2026, every Virginia notary performing any notarial act must maintain a record of that act and retain it for at least five years. The law applies to paper notarizations, electronic notarizations, and remote online notarizations equally.

HB 163 also adds a second new requirement: notaries must now provide proof of their commission before a vendor can sell them a notary seal. Both changes took effect July 1, 2026.

The Six Required Fields in Every Virginia Journal Entry

Under HB 163 and Code of Virginia Title 47.1, every notarial act entry must capture six specific pieces of information. NotaryAct captures all six automatically — including the new fee field added by HB 163.

Five-Year Retention — For All Notaries

Under HB 163, the five-year retention requirement now applies to records of all notarial acts — traditional, electronic, and RON — performed on or after July 1, 2026. This was previously limited to electronic notary records.

The retention obligation runs from the date of each individual act, not from the date your commission expires. Records from acts performed during a commission that has since expired still need to be kept for the full five years.

NotaryAct stores all records in an encrypted, redundant cloud with automatic continuous backups. Records are accessible from any device for well beyond the five-year minimum — no action required on your part. Whether you perform one notarization a week or a hundred, your compliance is handled automatically.

Also New: Proof of Commission Before Buying a Seal

HB 163 added a second requirement effective July 1, 2026: Virginia notaries must now provide proof of their active commission to a vendor before purchasing a notary seal. This change is intended to prevent unauthorized individuals from obtaining official notary seals.

If you need to replace or purchase a seal after July 1, 2026, have your commission certificate or commission number ready to provide to the vendor.

What This Means If You’re an Employer

Many Virginia notaries work in banks, law firms, title companies, healthcare organizations, government agencies, and other businesses that rely on notarized documents. HB 163 makes clear that the legal compliance obligation remains with the commissioned notary — not the employer.

An employer who pays for a journal, supplies, or even the notary commission itself does not take on the notary’s recordkeeping responsibility. A company policy cannot substitute for state law. If records are missing, the notary faces the consequences — not the organization.

Employers have a strong practical interest in ensuring employee notaries are equipped with compliant tools. A notarization that later cannot be documented creates risk for the entire transaction, not just the notary who performed it.

How NotaryAct Satisfies Every Virginia Requirement

Frequently Asked Questions — Virginia HB 163

Do ALL Virginia notaries now have to keep a journal?
Yes. As of July 1, 2026, HB 163 requires every Virginia notary — including traditional paper notaries — to maintain a record of their notarial acts. Previously, only electronic notaries and RON notaries were legally required to keep a journal. HB 163 ended that distinction.

What exactly must a Virginia notary journal entry contain after July 1, 2026?
Every entry must include six fields: (1) date and time of the act; (2) type of notarial act; (3) title or description of the document; (4) printed name and address of each principal; (5) evidence of identity used, including credible witness information if applicable; and (6) the fee charged, if any. The fee field is new — it was not required under prior law.

How long must Virginia notaries keep their records?
At least five years from the date of each notarial act. For acts performed on or after July 1, 2026, this applies to all notarizations — traditional, electronic, and RON. The five-year clock runs from the date of each individual act, not from when your commission expires.

What else did HB 163 change?
In addition to the universal journal requirement, HB 163 requires Virginia notaries to provide proof of an active commission before purchasing a notary seal. Both changes took effect July 1, 2026.

Does an employer own the notary’s journal?
No. Even if an employer provides or pays for the journal, the notary remains personally responsible for maintaining the records and ensuring compliance. Virginia law makes clear that the commission — and the legal obligation — belongs to the notary, not the employer.

Can I still use a paper journal?
The law does not prohibit paper journals for traditional notarizations, but an electronic journal like NotaryAct is far more practical, searchable, and legally defensible. For electronic and RON notarizations, an electronic record remains required.

Where can I find the official Virginia law and handbook?
The full text of Code of Virginia Title 47.1 is at law.lis.virginia.gov. The 2026 Virginia Notary Handbook is available from the Secretary of the Commonwealth’s office. The NNA’s summary of HB 163 is available at nationalnotary.org.

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