Code of Virginia

Code of Virginia
Title 55.1. Property and Conveyances
9/28/2020

Article 2. Acknowledgments Generally.

§ 55.1-612. Acknowledgment within the United States or its dependencies.

A circuit court of any county or city, or the clerk of any such court, shall record any writing as is described in § 55.1-600 as to any person whose name is signed to such writing, except that acknowledgment of contracts for the sale of real property shall require the seller or grantor of such real property to acknowledge his signature as provided in this section, except for contracts recorded after the death of the seller pursuant to § 64.2-523.

1. Upon the certificate of such clerk or his deputy, a notary public, a commissioner in chancery, or a clerk of any court of record within the United States or in Puerto Rico or any territory or other dependency or possession of the United States that such writing had been acknowledged before him by such person. Such certificate shall be written upon or attached to such writing and shall be substantially to the following effect:

I, ________, clerk (or deputy clerk or a commissioner in chancery) of the ________ court, (or a notary public) for the county (or city) aforesaid, in the state (or territory or district) of ________, do certify that E.F., or E.F. and G.H., and so forth, whose name (or names) is (or are) signed to the writing above (or hereto attached) bearing date on the ______ day of ____, has (or have) acknowledged the same before me in my county (or city) aforesaid.

Given under my hand this ______ day of ____.

2. Upon the certificate of acknowledgment of such person before any commissioner appointed by the Governor, within the United States, so written or attached, substantially to the following effect:

State (or territory or district) of ________:

I, __________, a commissioner appointed by the Governor of the Commonwealth of Virginia, for such state (or territory or district) of ________, do certify that E.F. (or E.F. and G.H., and so forth) whose name (or names) is (or are) signed to the writing above (or hereto attached) bearing date on the ______ day of ____ has (or have) acknowledged the same before me in my state (or territory or district) aforesaid.

Given under my hand this ______ day of ____.

3. Or upon the certificate of such clerk or his deputy, a notary public, a commissioner in chancery, or a clerk of any court of record within the United States or in Puerto Rico or any territory or other possession or dependency of the United States, or of a commissioner appointed by the Governor, within the United States, that such writing was proved as to such person, before him, by two subscribing witnesses thereto. Such certificate shall be written upon or attached to such writing and shall be substantially to the following effect:

State (or territory or district) of ________; county (or city) of ________: I, ________, clerk (or deputy clerk or a commissioner in chancery) of the ________ court, (or a notary public) for the county (or city) aforesaid, in the state (or territory or district) of ________ (or a commissioner appointed by the Governor of the Commonwealth of Virginia for such state (or territory or district) of ________), do certify that the execution of the writing above (or hereto attached) bearing date on the ______ day of ____, by A.B. (or A.B. and C.D., and so forth), whose name (or names) is (or are) signed thereto, was proved before me in my county (or city or state, territory, or district) aforesaid, by the evidence on oath of E.F. and G.H., subscribing witnesses to such writing.

Given under my hand this ______ day of ____.

When authority is given in § 55.1-600 or in this section to the clerk of a court in or outside of the Commonwealth, but within the United States, such authority may be exercised by his duly qualified deputy.

Code 1919, §§ 5205, 5207; 1922, p. 868; 1924, p. 474; Code 1950, § 55-113; 1968, c. 639; 1972, c. 130; 2019, c. 712.

§ 55.1-613. Acknowledgments outside of the United States and its dependencies.

A circuit court of any county or city, or the clerk of such court, shall also record any writing as is described in § 55.1-600 as to any person whose name is signed thereto upon the certificate under the official seal of any ambassador, minister plenipotentiary, minister resident, charge d'affaires, consul-general, consul, vice-consul, or commercial agent appointed by the government of the United States to any foreign country, or of the proper officer of any court of record of such country or of the mayor or other chief magistrate of any city, town, or corporation therein, that such writing was acknowledged by such person or proved as to him by two witnesses before any person having such appointment or before such court, mayor, or chief magistrate.

Code 1919, § 5206; Code 1950, § 55-114; 2019, c. 712.

§ 55.1-614. Acknowledgments by persons subject to Uniform Code of Military Justice; validation of certain acknowledgments.

A circuit court of any county or city, or the clerk of such court, shall also record any writing as is described in § 55.1-600 as to any person whose name is signed thereto and who at the time of such acknowledgment:

1. Was a member of any of the Armed Forces of the United States, wherever they may have been;

2. Was employed by, or accompanying such armed forces outside the United States and outside the Canal Zone, Puerto Rico, Guam, and the Virgin Islands; or

3. Was subject to the Uniform Code of Military Justice of the United States outside of the United States, upon the certificate of any person authorized to take acknowledgments under 10 U.S.C. § 936(a), as amended.

Such certification shall be in substantially the same form as required by § 55.1-615.

Any acknowledgment taken before July 1, 1995, that is in substantial conformity with this section is hereby ratified, validated, and confirmed.

1964, c. 570, § 55-114.1; 1995, c. 48; 2019, c. 712.

§ 55.1-615. Acknowledgments taken before commissioned officers in military service.

A circuit court of any county or city, or clerk of such court, shall also record any writing as is described in § 55.1-600 as to any person whose name is signed thereto who at the time of such acknowledgment was in active service in the Armed Forces of the United States, or as to the consort of such person, upon the certificate of any commissioned officer of the army, navy, marine corps, air force, coast guard, any state national guard that is federally recognized, or other branch of the service of which such person is a member, that such writing had been acknowledged before him by such person. Such certificate shall be written upon or attached to such writing and shall be substantially to the following effect:

In the army (or navy, etc.) of the United States.

I, ________, a commissioned officer of the army (or navy, marine corps, air force, coast guard, or other branch of service) of the United States with the rank of lieutenant (or ensign or other appropriate rank) whose home address is ________, do certify that E.F. (or E.F. and G.H., and so forth), whose name (or names) is (or are) signed to the writing above (or hereto attached), bearing date on the ______ day of ____, and who, or whose consort, is a private (corporal, seaman, captain, or other grade or rank) in the army (or navy, etc.) of the United States, and whose home address is ________, has (or have) acknowledged the same before me.

Given under my hand this ______ day of ______.

Such acknowledgment may be taken at any place where the officer taking the acknowledgment and the person whose name is signed to the writing may be. Such commissioned officer may take the acknowledgment of any person in any branch of the Armed Forces of the United States or the consort of such person.

Every acknowledgment executed prior to July 1, 1995, in substantial compliance with the provisions of this section is hereby validated, ratified, and confirmed, notwithstanding any error or omission with respect to any address, grade, or rank.

1942, p. 426; Michie Code 1942, § 5205a; 1944, p. 25; 1948, p. 393; Code 1950, § 55-115; 1964, c. 129; 1972, c. 458; 1995, c. 48; 2019, c. 712.

The chapters of the acts of assembly referenced in the historical citation at the end of these sections may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.

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