I stopped at the Vinton Va. Branch of BNC to get our Concealed Carry Permits renewals Notarized. I was told by both the Notary and the Branch Manager that they have been told by the Banks Lawyer's that they aren't allowed to notarize Concealed Carry Permits. All other documents are OK for them to notarize. It looks like they aren't 2nd Amendment friendly. So we left and went to SunTrust and they had no problem with notarizing the forms.
-
We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
-
If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
-
Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.
BNC Bank of North Carolina in Virginia not friendly to 2nd amendment
- Thread starter doctork
- Start date
If you dig deep enough, you will find that SunTrust is not gun friendly either.
https://www.google.com/search?q=who+can+carry+gun+in+suntrust&ie=utf-8&oe=utf-8
https://www.google.com/search?q=who+can+carry+gun+in+suntrust&ie=utf-8&oe=utf-8
2a4all
Regular Member
Fortunately, Virginia's new CHP statute (effective 1 July) eliminates the requirement for notarization of the CHP application, allowing the applicant to present a gov't issued photo ID instead.
§ 18.2-308.02. Application for a concealed handgun permit; Virginia resident or domiciliary.
A. Any person 21 years of age or older may apply in writing to the clerk of the circuit court of the county or city in which he resides, or if he is a member of the United States armed forces Armed Forces, the county or city in which he is domiciled, for a five-year permit to carry a concealed handgun. There shall be no requirement regarding the length of time an applicant has been a resident or domiciliary of the county or city. The application shall be made under oath before a notary or other person qualified to take oaths and shall be made only on a form prescribed by the Department of State Police, in consultation with the Supreme Court, requiring only that information necessary to determine eligibility for the permit. The applicant shall present one valid form of photo identification issued by a governmental agency of the Commonwealth or by the U.S. Department of Defense or U.S. State Department (passport). No information or documentation other than that which is allowed on the application in accordance with this section may be requested or required by the clerk or the court.
§ 18.2-308.02. Application for a concealed handgun permit; Virginia resident or domiciliary.
A. Any person 21 years of age or older may apply in writing to the clerk of the circuit court of the county or city in which he resides, or if he is a member of the United States armed forces Armed Forces, the county or city in which he is domiciled, for a five-year permit to carry a concealed handgun. There shall be no requirement regarding the length of time an applicant has been a resident or domiciliary of the county or city. The application shall be made under oath before a notary or other person qualified to take oaths and shall be made only on a form prescribed by the Department of State Police, in consultation with the Supreme Court, requiring only that information necessary to determine eligibility for the permit. The applicant shall present one valid form of photo identification issued by a governmental agency of the Commonwealth or by the U.S. Department of Defense or U.S. State Department (passport). No information or documentation other than that which is allowed on the application in accordance with this section may be requested or required by the clerk or the court.
FBrinson
Regular Member
Interesting
That is a very interesting take on this. As a state officer, could a Writ of Mandamus be used to force the Notary to action? Or am I way off on this?
That is a very interesting take on this. As a state officer, could a Writ of Mandamus be used to force the Notary to action? Or am I way off on this?
I suspect not as the notary is working in a private venue, not a public entity.
I suspect it would be a good case. Expect little to come of it other than (slim possibility of minimal damages) and an order to notarize all paperwork in future.
Basically that is the duty of the notary and there is really no choice on their part in what you attest to. Thats what I was taught when getting my commission.
Also there is no real requirement you show them the full paperwork. Just affirm it is your signature or sign it in their presence. Anytime I need anything notarized its routinely folded and clipped so it is not readily readable by the notary, other than the citation they need to see me sign and they certify I did it. Should they start to unclip/unfold it, I object. I have discussed it a few times with notaries and so far only one (law office secretary) denied the certification. I told her to speak with her boss and I would be back next afternoon. She certified it that visit.
Standard certification citation is below. Basically-- foregoing instrument was acknowledged before me-- with dates and signature and such.
Should it be necessary to be considered an affidavit its frequently-- sworn to and subscribed before me--.
See first link for official info on Notary duties in Va and such. Acknowledgement and oaths for notary stuff is page 12 and 13.
Other commonly used acknowledgements are second link below.
Nemo
http://commonwealth.virginia.gov/media/2089/notaryhandbook.pdf
http://www.uslegalforms.com/acknowledgments/Virginia.htm
Basically that is the duty of the notary and there is really no choice on their part in what you attest to. Thats what I was taught when getting my commission.
Also there is no real requirement you show them the full paperwork. Just affirm it is your signature or sign it in their presence. Anytime I need anything notarized its routinely folded and clipped so it is not readily readable by the notary, other than the citation they need to see me sign and they certify I did it. Should they start to unclip/unfold it, I object. I have discussed it a few times with notaries and so far only one (law office secretary) denied the certification. I told her to speak with her boss and I would be back next afternoon. She certified it that visit.
Standard certification citation is below. Basically-- foregoing instrument was acknowledged before me-- with dates and signature and such.
Should it be necessary to be considered an affidavit its frequently-- sworn to and subscribed before me--.
See first link for official info on Notary duties in Va and such. Acknowledgement and oaths for notary stuff is page 12 and 13.
Other commonly used acknowledgements are second link below.
Nemo
http://commonwealth.virginia.gov/media/2089/notaryhandbook.pdf
http://www.uslegalforms.com/acknowledgments/Virginia.htm
Citizen
Founder's Club Member
I can't see that a notary has any say in it. They either witnessed the signature or they didn't. It is not their job to pass on the validity of the document being signed--otherwise they'd have to become contract law judges. They just witness and record the fact of the execution of the document.
I would suspect they jeopardize their commissions by declaring themselves possessors of the power to decide which legal and constitutionally protected signatures they will witness.
What happens if they refuse to witness a waiver for a legal abortion?
Last edited:
BNC Bank of North Carolina in Virginia not friendly
I had put in a complaint to BNC bank about the Vinton Branch wouldn't Notarize by CHP. Today I had a call from an official of the bank about the problem. He stated that the branch had incorrect information as to their Notary being able to sign the form. At the time I was told that a bank lawyer had told them they couldn't sign the CHP forms. The person I talked with today said that no lawyer at the bank had give them that info. They had come up with this ruling on their own. He said that they have been schooled that they are to Notarize CHP documents.
I had put in a complaint to BNC bank about the Vinton Branch wouldn't Notarize by CHP. Today I had a call from an official of the bank about the problem. He stated that the branch had incorrect information as to their Notary being able to sign the form. At the time I was told that a bank lawyer had told them they couldn't sign the CHP forms. The person I talked with today said that no lawyer at the bank had give them that info. They had come up with this ruling on their own. He said that they have been schooled that they are to Notarize CHP documents.
FBrinson
Regular Member
Awesome! Now go get the person that made up the rule fired!
Make sure you get friends, neighbors, and duplicates to that same notary to sign. Kind of just a way to let them know they are wrong and you will follow up on it and they need to learn and follow the rules. Just like we all follow the rules.
If they still refuse go back up the chain right there in their office.
Nemo
If they still refuse go back up the chain right there in their office.
Nemo
utbagpiper
Banned
Bingo!
Imagine a notary public refusing to witness adoption papers for a homosexual or racial minority couple. What if a notary refused to witness signatures on contracts needed to build a mosque?
At some point we have to stop being so polite as to be abused with impunity. While the armed man cannot engage in the same civil disobedience as might attend many other protests, I think we need to start using the words that properly describe this situation.
It isn't that this bank is "not friendly to the 2nd amendment." I don't give a rip what some service person thinks of the 2nd amendment, or immigration policy, or most other matters political. What I care about is whether he provides his advertised services in an equitable manner.
This was an act of overt bigotry. These people are gun-phobics. The business has engaged in discrimination.
We need to change our language to capture the full effect of what is happening. This kind of conduct denies lawful gun owners their dignity in the community. It impinges our ability to conduct our daily lives and necessary business without undue and needless burdens. This conduct signals to the larger community that lawful gun owners are less than, that it is ok to mistreat us.
Charles
jsfrederick
Regular Member
I am a commissioned Notary in Virginia. A Notary CANNOT refuse to notarize a document based on personal opinion or feelings. Please report that Notary to the Secretary of the Commonwealth (https://commonwealth.virginia.gov/official-documents/notary-commissions/). They can lose their commission for this action.
Side note: I am happy to Notarize documents for anyone, I am in the Fredericksburg VA area.
Side note: I am happy to Notarize documents for anyone, I am in the Fredericksburg VA area.
Last edited:
OK, but does a notary for a private business's internal fuction have to be available to the general public?
I received this response from my complaint to the Secretary of the Commonwealth:
By Code, a Virginia Notary Public has a right to refuse notarization of any document. Since companies generally pay the fee for the notary's commission and since the company can be held legally and financially responsible for any document notarized by their employees, the company does have the right to limit what notarizations an employee may perform during business hours.
Notary Department
Secretary of the Commonwealth
Office of the Governor
By Code, a Virginia Notary Public has a right to refuse notarization of any document. Since companies generally pay the fee for the notary's commission and since the company can be held legally and financially responsible for any document notarized by their employees, the company does have the right to limit what notarizations an employee may perform during business hours.
Notary Department
Secretary of the Commonwealth
Office of the Governor
Last edited:
BB62
Accomplished Advocate
One wonders what section of the code the Notary Department is referring to...?
tritonguy
Regular Member
See *** text below (highlighted by me) from http://law.lis.virginia.gov/vacode/title47.1/chapter3/section47.1-15/
§ 47.1-15. Prohibitions.
A notary shall not:
1. Notarize a document if the signer is not in the presence of the notary at the time of notarization, unless (i) in the case of an electronic notarization, satisfactory evidence of the identity of the signer is established in accordance with § 47.1-2 or (ii) otherwise authorized by law to do so.
2. Use the official notary title or seal to endorse, promote, denounce, or oppose any product, service, contest, candidate, or other offering.
3. Notarize a signature on a document without notarial certificate wording on the same page as the signature unless the notarial certificate includes the name of each person whose signature is being notarized.
4. Affix an official signature or seal on a notarial certificate that is incomplete.
A notary shall not perform any official act with the intent to deceive or defraud.
A nonattorney notary shall not assist another person in drafting, completing, selecting, or understanding a document or transaction requiring a notarial act. This section does not preclude a notary who is duly qualified, trained, or experienced in a particular industry or professional field from selecting, drafting, completing, or advising on a document or certificate related to a matter within that industry or field or prevent a notary from adding a notarial certificate or electronic notarial certificate to a paper or electronic document at the direction of a principal or lawful authority.
A notary may decline to notarize a document.
Any document notarized prior to July 1, 2008, which does not have the notarial certificate wording on the same page as the signature, but otherwise appears on its face to be properly notarized, shall be deemed validly notarized.
2007, cc. 269, 590; 2008, c. 685; 2011, cc. 731, 834.
The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.
§ 47.1-15. Prohibitions.
A notary shall not:
1. Notarize a document if the signer is not in the presence of the notary at the time of notarization, unless (i) in the case of an electronic notarization, satisfactory evidence of the identity of the signer is established in accordance with § 47.1-2 or (ii) otherwise authorized by law to do so.
2. Use the official notary title or seal to endorse, promote, denounce, or oppose any product, service, contest, candidate, or other offering.
3. Notarize a signature on a document without notarial certificate wording on the same page as the signature unless the notarial certificate includes the name of each person whose signature is being notarized.
4. Affix an official signature or seal on a notarial certificate that is incomplete.
A notary shall not perform any official act with the intent to deceive or defraud.
A nonattorney notary shall not assist another person in drafting, completing, selecting, or understanding a document or transaction requiring a notarial act. This section does not preclude a notary who is duly qualified, trained, or experienced in a particular industry or professional field from selecting, drafting, completing, or advising on a document or certificate related to a matter within that industry or field or prevent a notary from adding a notarial certificate or electronic notarial certificate to a paper or electronic document at the direction of a principal or lawful authority.
A notary may decline to notarize a document.
Any document notarized prior to July 1, 2008, which does not have the notarial certificate wording on the same page as the signature, but otherwise appears on its face to be properly notarized, shall be deemed validly notarized.
2007, cc. 269, 590; 2008, c. 685; 2011, cc. 731, 834.
The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.
Last edited by a moderator: