Virginia Non-Compete Agreement: Everything You Need to Know

Restrict employee from competing after leaving

Sales Tax: 5.3%Notary: $5Witnesses: 1

Document Preview


NON-COMPETE AGREEMENT
State of Virginia

This Non-Compete Agreement is entered into on [DATE] between:

EMPLOYER:
Company: [COMPANY NAME]
Address: [ADDRESS], VA [ZIP]

EMPLOYEE:
Name: [EMPLOYEE NAME]
Address: [ADDRESS], VA [ZIP]

1. NON-COMPETE COVENANT
Employee agrees not to engage in any business that competes with Employer within:
Geographic Area: [RADIUS/AREA]
Duration: [MONTHS/YEARS] after termination of employment

2. NON-SOLICITATION
Employee agrees not to solicit Employer's clients, customers, or employees for [DURATION] after termination.

3. CONSIDERATION
In exchange for this agreement, Employee receives: [  ] Employment [  ] Promotion [  ] $[AMOUNT] [  ] Other: [DESCRIBE]

4. EXCEPTIONS
This agreement does not apply to: [LIST ANY EXCEPTIONS]

5. REMEDIES
Employer may seek injunctive relief and damages for breach. Employee agrees to pay Employer's attorney fees if found in breach.

6. SEVERABILITY
If any provision is found unenforceable under Virginia law, the remaining provisions remain in effect.

This agreement is governed by Virginia law (VA Statutes). Note: Non-compete enforceability varies by state.

EMPLOYER: _____________________ DATE: _____
EMPLOYEE: _____________________ DATE: _____

FAQ: Non-Compete Agreement in Virginia

Is a Non-Compete Agreement required in Virginia?

Yes, in Virginia, a Non-Compete Agreement is required for most transactions of this type. Under Virginia State Code, the document must include all parties' information, be signed, and witnessed by at least one individual. Failure to use a proper Non-Compete Agreement may result in legal complications.

Does a Non-Compete Agreement need to be notarized in Virginia?

Notarization requirements in Virginia (VA) vary by transaction type. Notary fees in the state typically range from $5. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.

What are the tax implications of a Non-Compete Agreement in Virginia?

Virginia has a base sales tax rate of 5.3%. Depending on the type of transaction documented in your Non-Compete Agreement, additional local taxes may apply. Consult with a Virginia tax professional for specific guidance on your situation.

Non-Compete Agreement Costs in Virginia

Estimated fees and processing times

Fee TypeCostNotes
Notary Fee$5-$15 (if required)Virginia standard rate: $5
Filing FeeVaries by stateState registration (if applicable)
Processing Time1-3 business daysTypical turnaround in Virginia
Sales Tax5.3%Virginia base rate (local taxes may apply)
Witness Requirement1 witnessSingle witness sufficient
Our TemplateFREEDownload instantly, no cost
Fees shown are Virginia-specific estimates. Contact your local office for exact pricing.

Where to File Your Non-Compete Agreement in Virginia

Visit your local County Clerk office to file or notarize your Non-Compete Agreement.

Virginia County Clerk

Virginia Capital

Main Government Building, Virginia

District County Clerk

Virginia Metro Area

County Courthouse, VA

Virginia Non-Compete Agreement Requirements

Review the following requirements to ensure your Non-Compete Agreement is legally valid in Virginia.

Notarization required
1 witness must sign
Vehicle identification number (VIN) required
Odometer disclosure mandatory
Buyer and seller signatures required
Purchase price must be stated
Date of sale required
Blue or black ink only
Electronic signatures accepted
County clerk filing required

Virginia Notarization

While notarization may not be required in Virginia, it is recommended. Fees range from $5.

Before You Sign

Review all information carefully. In Virginia, a 5.3% sales tax may apply.

Legal Protection

Keep copies of all signed documents. Virginia law requires all parties to receive copies of executed documents.

Virginia Filing Deadlines

Check Virginia deadlines for filing or recording this document with the appropriate county clerk's office.

SMJ
Reviewed & Fact-Checked

Sarah Mitchell, J.D.

Legal Document Specialist

Licensed Attorney, 15+ years experience

Specializes in contract law and legal document preparation

This Non-Compete Agreement template for Virginia has been reviewed for accuracy and legal compliance.

Last reviewed: March 2026

Virginia Non-Compete Agreement Legal Guide

In Virginia, this document is legally binding under local statutes and provides essential protection for both parties involved in the transaction.

For Virginia (VA) residents, this Non-Compete Agreement is governed by Virginia State Code. Important details: sales tax at 5.3%, notary costs of $5, and a requirement for 1 witness. The document has indefinite validity once properly executed.

By utilizing this state-specific template, you avoid common mistakes that could invalidate your document in Virginia.

restrictive covenantcompetition restrictiongeographic limitationnon-solicitationtrade secrets
A properly executed Non-Compete Agreement in Virginia protects all parties involved and ensures compliance with VA state law. Below, we cover the critical steps, common pitfalls, and state-specific rules you should be aware of before signing.

Step-by-Step Process

1. **Download the template** — Our Virginia-specific form includes all fields required by VA law.
2. **Enter your information** — Fill in names, addresses, dates, and transaction details accurately.
3. **Review carefully** — Double-check all entries against your source documents.
4. **Sign and witness** — Execute the document according to Virginia's signature requirements.
5. **Notarize if needed** — Some Virginia transactions require notarization.
6. **File or distribute** — Provide copies to all parties and file with the appropriate Virginia office if required.

Pro Tips for Virginia Residents

- **Use blue or black ink** when signing physical copies in Virginia
- **Keep digital backups** of all signed documents
- **Check for local county requirements** that may apply in addition to VA state law
- **Don't backdate** — Virginia courts view backdated documents unfavorably
- **Consult an attorney** for transactions exceeding $10,000 in value

How Virginia Courts View This Document

Virginia courts apply VA statutory standards when evaluating a Non-Compete Agreement. Judges look for: clear language, proper identification of parties, lawful purpose, and correct execution formalities. Meeting these standards ensures your document will be upheld if ever challenged.

VA Compliance Checklist

Before finalizing your Non-Compete Agreement, verify that it meets Virginia's legal standards:
- Full legal names and addresses of all parties
- Clear description of the subject matter
- Consideration or purpose stated explicitly
- Dated and signed by all required parties
- Notarized if mandated by VA statute

Document Information

Document
Non-Compete Agreement
State
Virginia (VA)
Category
Employment
Format
PDF / Word / Print
Cost
100% Free
Sales Tax
5.3%
Notary Fee
$5

Virginia Legal Requirements

Governing Statute:

State Law

  • Consult with a licensed attorney for specific requirements

Legal Disclaimer

This template is for informational purposes only and does not constitute legal advice. Laws in Virginia may change. Consult a licensed attorney for advice specific to your situation.