HB1670: Notaries; conflicts of interests.


HOUSE BILL NO. 1670
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee for Courts of Justice
on February 21, 2011)
(Patron Prior to Substitute--Delegate Brink)
A BILL to amend and reenact § 47.1-30 of the Code of Virginia, relating to conflict of interests for notaries.

Be it enacted by the General Assembly of Virginia:

1.  That § 47.1-30 of the Code of Virginia is amended and reenacted as follows:

§ 47.1-30. Conflict of interests.

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. A notary nominated as a fiduciary in a will shall not, for that reason alone, be deemed a party to the will or to have a direct beneficial interest therein.

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.


HOUSE BILL NO. 1670
House Amendments in [ ] ? January 24, 2011
A BILL to amend and reenact § 47.1-30 of the Code of Virginia, relating to conflicts of interests for notaries.
Patron Prior to Engrossment--Delegate Brink
Referred to Committee for Courts of Justice

Be it enacted by the General Assembly of Virginia:

1.  That § 47.1-30 of the Code of Virginia is amended and reenacted as follows:

§ 47.1-30. Conflict of interests.

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 themhas a direct beneficial interest ] [ that , or that otherwise ] presents a conflict between his personal interest and his official duty. A notary nominated as a fiduciary in a will shall not, for that reason alone, be deemed a party to the will or to have a direct beneficial interest therein conflict between his personal interest and his official duty.

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.

HOUSE BILL NO. 1670
Offered January 12, 2011
Prefiled January 10, 2011
A BILL to amend and reenact § 47.1-30 of the Code of Virginia, relating to conflicts of interests for notaries.
Patron-- Brink
Referred to Committee for Courts of Justice

Be it enacted by the General Assembly of Virginia:

1.  That § 47.1-30 of the Code of Virginia is amended and reenacted as follows:

§ 47.1-30. Conflict of interests.

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 that presents a conflict between his personal interest and his official duty. A notary nominated as a fiduciary in a will shall not, for that reason alone, be deemed a party to the will or to have a direct beneficial interest therein conflict between his personal interest and his official duty.

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.