Virginia Code 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.
Terms Used In Virginia Code 55.1-612
- City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Grantor: The person who establishes a trust and places property into it.
- Notary: means notary public. See Virginia Code 1-226
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
- United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
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.