West Virginia - U.S. Notary Reference

Last updated: November 12, 2025

Notary Jurisdiction

Statewide (WVC 29C-2-102).

Notary Term Length

Five years (WVC 39-4-20[e]). Government Notaries’ commissions expire when employment with the governmental agency terminates (NH).

Notary Bond

Not required.

Notary Seal

Required for notarial acts on tangible records, but permitted for notarial acts on electronic records (WVC 39-4-15[b]).

Notary Journal

Not required but permitted for electronic notarial acts (CSR 153-45-17.1).

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Commissioning and Regulating Official

The West Virginia Secretary of State commissions (WVC 39-4-2[7], 39-4-20[a] and 39-4-20[e]), regulates (WVC 39-4-25), and may investigate and take disciplinary action against the commission of West Virginia Notaries (WVC 39-4-21).

Contact Information

1. Address: Office of Secretary of State
   Notary Division     
   Building 1, Suite 157-K
   1900 Kanawha Blvd., East
   Charleston, WV 25307-0770

2. Phone: 304-558-8000

3. Website: https://sos.wv.gov/business/Pages/Licensing.aspx

4. Laws: Most Notary statutes are in the West Virginia Code (WVC), Chapter 39, Article 4 (“Revised Uniform Law on Notarial Acts” [RULONA]), Sections 39-4-1 through 39-4-36. The RULONA, which was enacted into law as West Virginia House Bill 4012, effective July 1, 2014, with few variations from the prototype RULONA. The state’s former Notary laws had been largely based on the National Notary Association’s Uniform Notary Act of 1973.

5. Rules: Rules regulating Notaries, including eNotarization provisions, are found in the West Virginia Code of State Rules (CSR) Title 153, Series 45, 46 and 50, as was authorized by RULONA.

6. Guidelines: Guidelines for Notaries may be found in the West Virginia Notary Handbook (September 2025 Edition) (NH) available on the Secretary of State’s website.

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Commission Process

1. Qualifications: “An applicant for a commission as a notary public must:
   “(1) Be at least eighteen years of age;
   “(2) Be a citizen or permanent legal resident of the United States;
   “(3) Be a resident of or have a place of employment or practice in this state;
   “(4) Be able to read and write English;
   “(5) For any applicant that has not been commissioned as a notary prior to January 1, 2018, have a high school diploma or its equivalent; and
   “(6) Not be disqualified to receive a commission under section twenty-three of this article [which prohibits activities that include the offering of unauthorized legal advice and false advertising]” (WVC 39-4-20[b]).

2. Government Notary Public: “(a) State and local government employees may be commissioned as government notaries public to act for and in behalf of their respective state and local government offices.
   ”(b) A state or local government employee commissioned under this section shall meet the requirements for qualification and appointment prescribed in this article except that the head of the state or local government office where the applicant is employed, or his or her designee, shall execute a certificate that the application is made for the purposes of the office and in the public interest and submit it to the Secretary of State together with the application for appointment as a notary public.
   “(c) The costs of application and all notary supplies for a commissioned state or local government employee shall be paid from funds available to the office in which he or she is employed.
   “(d) All fees received for notarial services by a government notary public appointed for and in behalf of a state or local government office shall be remitted by him or her to the state or local government office in which he or she is employed.
   “(e) A government notary public must comply with all provisions of this article in the performance of notarial acts.
   “(f) A government notary public may acknowledge any document required to be acknowledged by a notary public: Provided, That a government notary public may not operate privately” (WVC 39-4-31).
   “May a federal employee apply as a government notary? – Government notaries are employees of state and local governing bodies only. Federal employees may apply as regular notaries and have the federal agency pay the fee” (website, “Notary Public Frequently Asked Questions”).

3. Disqualifying Offenses: The West Virginia Code specifies grounds that may result in denial of a Notary commission. These include but are not limited to (WVC 39-4-21): the applicant’s conviction for any felony or crime involving fraud, dishonesty or deceit; a finding against, or admission of liability by, the applicant in any legal proceeding or disciplinary action based on the applicant’s fraud, dishonesty or deceit; and denial, refusal to renew, revocation, suspension or conditioning of the applicant’s Notary commission in another state.

4. Course: Not required.

5. Exam: Not required.

6. Application

   1. Notary Public Applicants: Applicants for an initial or renewal application must complete the application online in the Enterprise Registration & Licensing System. Select the form number to download the application.

      1. Law and Duties: The applicant must attest to meeting the statutory requirements to become a Notary and having reviewed the law concerning Notaries and understands the duties of a Notary (NH). “On the application you will be signing an oath that you have read and understand the requirements and will follow the law” (website, “Applying for a Notary Public Commission”). The state’s Notary laws are available on the website. Also downloadable on the website is a Notary handbook, and the Notary is directed to have this guide available whenever performing notarial acts.

      2. Contact Information: The applicant must indicate on the application for a commission the exact name to be used in performing notarial acts, a West Virginia mailing address that will be on the official stamp, an email address, and a phone number (NH).

      3. Oath: The application contains an oath of office that must be signed and sworn to before an oath-administering official, such as another Notary or a clerk of court.

      4. Fee: The commission application fee is $52, payable to the “West Virginia Secretary of State” (CSR 153-50-2).

   2. State and Local Government Employees: A letter from the pertinent government office head must accompany the application and the costs of application, as well as all Notary supplies, are to be borne by the particular state or local office (WVC 39-4-31); federal employees may apply as regular Notaries.

7. Background Screening: Not required.

8. Processing Time: It takes about 2-3 weeks for a commission to be issued after the completed application and payment are received (website, “Notary Public Frequently Asked Questions”).

9. Commission Letter: The successful applicant will receive a “commission letter” from the Notary Division providing the exact information needed to order a Notary seal stamp from a commercial vendor (NH, website, “Applying for a Notary Public Commission”).

10. Commission Certificate: The Secretary of State will issue a Notary Public commission certificate to the applicant. Applicants must wait to receive their commission certificate before they can begin to notarize (website, “Applying for a Notary Public Commission”).

11. Non-Residents: An out-of-state resident who is employed or has a practice in West Virginia may apply to become a Notary in the state (WVC 39-4-20[b][3]).

12. Reappointment: For a renewal, the application process is the same (CSR 153-46-5.2).

    1. 60 Days in Advance: “A commissioned notary public may apply for renewal no more than 60 days prior to the expiration of his or her active commission” (CSR 153-46-5.1).
       “If you are applying for a recommission and your current commission end date is on or after June 3, 2018, you must use the new notary application with the revision date “Rev. 6/2018” in the upper left box of the application” (website, “Applying for a Notary Public Commission”).

    2. Secretary of State Notification: “Does the Secretary of State notify notaries when the commission is expiring? – Yes. The application form will be sent to the address on record with the Secretary of State. However, if you don't receive the form, it is your responsibility to get the form and submit the completed application if you want to renew your commission” (website, “Notary Public Frequently Asked Questions”).

13. Records Retention: Upon expiration of the term of a Notary, the Secretary of State may destroy original records of appointment for that Notary, provided that the Secretary maintains an electronic copy of the appointment for a minimum of ten years thereafter (WVC 39-4-36[a]). The Secretary of State may destroy any original journals of notarial acts in his or her possession, provided that an electronic copy is maintained in accordance with the retention rules of the Department of Administration (WVC 39-4-36[b]).

14. No Immunity or Benefit: “A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees” (WVC 39-4-20[e]).

Notification and Registration to Perform In-Person Electronic and Remote Notarial Acts

1. In-Person Electronic Notarial Acts

   1. Requirement: “Before a notary public performs the notary public’s initial notarial act with respect to an electronic record, a notary public shall notify the Secretary of State that the notary public will be performing notarial acts with respect to electronic records and identify the technology the notary public intends to use. If the Secretary of State has established standards for approval of technology pursuant to section twenty-five of this article, the technology must conform to the standards. If the technology conforms to the standards, the Secretary of State shall approve the use of the technology” (WVC 39-4-19[b]).

   2. Application: “Once you have selected a technology, fill out an ‘e-Notarization Authorization’ application (Form N-2) and submit it to the Secretary of State’s Office. There is no fee to register as an e-Notary. You have to be a Notary Public in order to be an e-Notary” (website, “Electronic Notarization [e-Notarization]”).
      To register the capability to perform electronic notarial acts, a notary public must sign and submit to the Secretary of State a form prescribed by the Secretary of State which includes the following information:
      (a) A description of each separate means that will be used to produce electronic signatures and electronic notary seals, where applicable;
      (b) The names of any licensing authorities or companies issuing the means for producing the electronic signatures and seals, where applicable, the source of each license, and the starting and expiration dates of each pertinent certificate, software, or process;
      (c) An explanation of any revocation, annulment, or other premature termination of any certificate, software, or process ever issued or registered to the applicant to produce an electronic signature or seal; and
      (d) A declaration that the notary public will use the means issued or authorized for issuance by the Secretary of State for producing an electronic notary seal, where applicable (CSR 153-45-5).

      “Under section five of this rule, a notary public may register at the same, or at different times, one or more respective means for producing electronic signatures and electronic notary seals, or single elements combine the required features of both…” (CSR 153-45-6).
      “A notary public shall register the capability to perform electronic notarial acts … with the Secretary of State before notarizing” (CSR 153-45-3.1).
      “Upon recommissioning a notary public shall again register with the Secretary of State before notarizing or witnessing electronically” (CSR 153-45-3.2).
      “A person may apply or reapply for a notary commission and register or reregister to perform electronic notarial acts at the same time” (CSR 153-45-3.3).

   3. Term: “The term of registration of an electronic notary public begins on the registration starting date set by the Secretary of State and continues as long as the notary’s commission remains in effect or until registration is terminated under…this rule” (CSR 153-45-4.1).

2. Remote Notarial Acts

   1. Requirement: “Before a notary public performs the notary public’s initial notarial act under this section, the notary public shall notify the Secretary of State that the notary public will be performing notarial acts with respect to remotely located individuals and identify the technologies the notary public intends to use. If the Secretary of State has established standards under subsection (h) of this section for approval of communication technology or identity proofing, the communication technology and identity proofing must conform to the standards” (WVC 39-4-37[g]).

   2. Same Process: A Remote “Online” Notary must follow all the applicable rules as an Electronic Notary in registering with the Secretary of State. See “Notification and Registration” under “Electronic Notarial Acts,” above.

   3. Technology Systems: “If the Secretary of State has established standards under subsection (h) of this section for approval of communication technology or identity proofing, the communication technology and identity proofing must conform to the standards” (WVC 39-4-37[g]).

Online Search

Information on Notaries that has been filed with the West Virginia Secretary of State may be accessed online by entering the Notary’s first and last names. Information provided includes the Notary’s name, address, city, zip code, county and commission starting and expiration dates; also indicated is whether the Notary is prepared to perform notarial acts on electronic records (WVC 39-4-22[a]).

Jurisdiction

“A notarial act may be performed in this state by… [a] notary public of this state” (WVC 39-4-10[a][1]).

Term Length

“On compliance with [WVC 39-4-20], the Secretary of State shall issue a commission as a notary public to an applicant for a term of five years” (WVC 39-4-20[e]).

Bond

Not required. Effective June 3, 2018, Chapter 220, Acts, Regular Session, 2018 (HB 4207) eliminated the $1,000 “assurance” requirement. Formerly, applicants for a commission were required to submit a $1,000 Notary surety bond or a $1,000 insurance policy for professional liability, errors and omissions, commercial general liability, or the like (former WVC 39-4-20[d]).

Changes of Status

1. Written Notification: No later than 30 days after any change of name or address by a Notary Public, the Notary must inform the Secretary of State in writing (WVC 39-4-22[b]).

2. Address Change: Notaries whose address has changed must complete the “Notary Public Name and/or Address Change” in the Enterprise Registration & Licensing System (website, “Making Changes”). A new seal with a new address must be obtained.

3. Name Change: Notaries whose name has changed must complete the “Notary Public Name and/or Address Change” in the Enterprise Registration & Licensing System (website, “Making Changes”). There is no fee to file a name change. A new seal with the new name must be obtained.
   “While you are waiting for the change to be processed, sign notarizations using your new name, and write under your signature "Commissioned as" and your old name. Continue to use your old stamp until the new one is approved, then destroy the old stamp” (website, “Making Changes”).

4. Email Address Change: Within five business days after the change of an Notary’s email address, the Notary must electronically transmit to the Secretary of State a notice of the change (CSR 153-45-21).

5. Registration Form Change: Within 10 days afterward, any change or addition to the registration form completed by an Electronic, Remote “Online,” or Remote “Ink” Notary must be reported to the Secretary of State (CSR 153-45-22).

6. eSignature and eSeal Change: A Notary must immediately notify the Secretary of State upon becoming aware that “the status, functionality, or validity of the means for producing a registered electronic signature, notary seal, remote online notarial act, remote ink notarial act, or single element combining the signature and seal, has changed, expired, terminated, or become compromised” (CSR 153-45-23.1). In addition, “… the Secretary of State shall immediately suspend the status of a notary who has no other currently registered means for producing electronic signatures or notary seals, performing remote online notarial acts or remote ink notarial acts, and if such means is not registered within 30 days, status shall be terminated” (CSR 153-45-23.2).

7. Vendor Change: “When your agreement with the vendor identified E-Notarization Application ends, you must renew your agreement with the vendor or secure a new vendor and submit a new E-Notarization Application through the Secretary of State’s Office before performing electronic notarial acts” (NH).

8. Resignation: A Notary who moves out of the state or otherwise acts to resign the commission must resign in writing and destroy the official seal. A Notary may report a resignation in the Enterprise Registration & Licensing System (website, “Making Changes”).
   “A notary public’s decision to terminate registration as an electronic notary, remote online notary, or remote ink notary, shall not automatically terminate the underlying commission of the notary public” (NH).

9. Death of Notary: “In the event of a notary’s death, the notary’s representative, guardian or any other person knowingly in possession of the stamp shall render it unusable” (NH).

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Authorized Acts

1. Notarial Acts: West Virginia Notaries are authorized to perform the following notarial acts, “whether performed with respect to a tangible or electronic record” (WVC 39-4-2[5]):

   1. Take acknowledgments;

   2. Administer oaths and affirmations;

   3. Take verifications on oath or affirmation;

   4. Witness or attest signatures;

   5. Certify or attest copies;

   6. Note protests of negotiable instruments.

2. In-Person Electronic and Remote Notarial Acts: West Virginia Notaries who have notified the Secretary of State that they will be performing technology-based notarial acts may perform any of the notarial acts listed above electronically or remotely (WVC 39-4-2[5] and CSR 153-45-8).

Acknowledgments

1. Definitions

   1. Acknowledgment: “‘Acknowledgment’ means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record” (WVC 39-4-2[1]).

   2. In a Representative Capacity: “In a representative capacity” means acting as: an authorized officer, agent, partner, trustee or other representative for a person other than an individual; a public officer, personal representative, guardian or other representative in the capacity stated in a record; an agent or attorney in fact for a principal; or an authorized representative of another in any other capacity (WVC 39-4-2[4]).

2. Requirements

   1. Identity of Principal: “A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed….” (WVC 39-4-5[a]).

   2. Signature of Principal: “A notarial officer who takes an acknowledgment of a record shall determine … that the signature on the record is the signature of the individual” (WVC 39-4-5[a]).

   3. Acknowledgment of Principal: The individual making the acknowledgment must verbally “declare” (acknowledge) to the Notary (WVC 39-4-2[1]):

      1. Signature: The individual must acknowledge that “the individual signed a record for the purpose stated in the record….”

      2. Representative Capacity and Authority: If the individual has or is signing the record in a representative capacity, the individual must declare “that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.”

Oaths and Affirmations

“A solemn affirmation shall be equivalent to an oath in all cases, unless otherwise expressly provided, and the word ‘oath’ shall be deemed to include an affirmation and the word “swear” or “sworn” to be complied with if the person referred to makes solemn affirmation” (WVC 2-2-7).

“A notary can administer an oath unless the law expressly states that it be done by another officer.  The individual to whom you are administering the oath must be present.” (NH).

Verifications on Oath or Affirmation

1. Definition: “‘Verification on oath or affirmation’ means a declaration on oath or affirmation before a notarial officer, that a statement in a record is true” (WVC 39-4-2[15]).

2. Requirements: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual” (WVC 39-4-5[b]).

Signature Witnessings

Standards: “A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed” (WVC 39-4-5[c]).

Copy Certifications

1. Requirements: “A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true and accurate transcription or reproduction of the record or item” (WVC 39-4-5[d]). The “West Virginia Notary Handbook” states that a copy certification requires the Notary to ensure: that “a written, signed request states that a certified copy of the document cannot be obtained from the office of any recorder or custodian of public documents in the state”; that making a copy of the document does not violate state or federal law; and that the Notary keeps a copy of the facsimile on file.

2. Retaining Copy on File: The following provision related to Notary fees also indicates that West Virginia Notaries must keep on file a facsimile of each original record for which they provide a certified copy (emphasis added): “The maximum fee in this state for certification of a facsimile of a document, retaining a facsimile in the notary’s file, and the proper recordation thereof in the journal of notarial acts is $5.00 for each eight and one-half by eleven-inch page retained in the notary’s file” (WVC 39-4-30[b]).

Protests

1. Definition: “A protest is a certificate of dishonor made by a United States consul or vice-consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs” (WVC 46-3-505[b]).

2. Requirements: “A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in subsection (b), section five hundred five, article three, chapter forty-six of this code” (WVC 39-4-5[e]).
   “[A protest] may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (WVC 46-3-505[b]).

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Personal Appearance

1. Notarial Acts: “If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer, unless the individual making the statement or executing the signature appears personally by communication technology, as provided in §39-4-37 or §39-4-38 of this code” (WVC 39-4-6[a]).
   “Do not notarize the signature of a person who does not appear before you” (NH).

2. Remote Notarial Acts: “A remotely located individual may comply with the provisions of this section by using communication technology to appear before a notary public” (WVC 39-437[b]).

3. COVID-19 Curative Provision: “Acknowledgements and notarizations performed by means of remote communication technology, pursuant to section 6 of the Governor’s Executive Order 11-20 effective March 25, 2020, by which the Governor suspended the provisions of §39-4-6 of the code applicable to court reporters and other notaries, are deemed to be valid and cured of any defect from failure to comply with §39-4-6 of this code if the acknowledgements and notarizations were performed in accordance with the emergency rules promulgated by the West Virginia Secretary of State, which are found at the Code of State Rules §153-45 et. seq.” (WVC 39-4-6a).

Identification

1. Notarial Acts

   1. Requirement: Signers of documents requiring an acknowledgment, verification upon oath or affirmation or signature witnessing must be identified by Notaries and other notarial officers through either personal knowledge of identity or satisfactory evidence of identity, as defined below.

   2. Personal Knowledge: “A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed” (WVC 39-4-7[a]).

   3. Satisfactory Evidence: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual:
      “(1) By means of:
      “(A) A passport, driver’s license or government-issued nondriver identification card, which is current or expired not more than three years before performance of the notarial act; or
      “(B) Another form of government identification issued to an individual, which is current or expired not more than three years before performance of the notarial act, contains the signature or a photograph of the individual and is satisfactory to the officer; or
      “(2) By a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, driver’s license or government-issued nondriver identification card, which is current or expired not more than three years before performance of the notarial act” (WVC 39-4-7[b]).

   4. Additional Information or Credentials: “A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual” (WVC 39-4-7[c]).

2. Remote “Online” Notarial Acts

   1. Requirement: A Notary must identify the remotely located individual for any remote “online” notarial act by one of the three methods identified below.

   2. Methods of Identification

      1. Personal Knowledge (WVC 39-4-37[c][1][B]): “A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed” (WVC 39-4-7[a]).

      2. Satisfactory Evidence

         1. Oath or Affirmation of a Credible Witness (WVC 39-4-37[c][1][B]).

         2. Two Different Forms of Identity Proofing (WVC 39-4-37[c][1][C]): “'Identity proofing' means a process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources” (WVC 39-4-37[a][3]).

3. Remote “Ink” Notarial Acts

   1. Requirement: A Notary must identify the remotely located individual for any remote “ink” notarial act by one or more of the following identified below: personal knowledge or three forms of satisfactory evidence.

      1. Methods of Identification

         1. Personal Knowledge (WVC 39-4-38[a][2][A]): “A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed” (WVC 39-4-7[a]).

         2. Satisfactory Evidence

            1. Oath or Affirmation of a Credible Witness: The credible witness must be in the physical presence of either the Notary or the individual or is able to communicate in real time with the Notary and the individual by sight and sound through an electronic device or process at the time of the notarization, provided the credible witness has personal knowledge of the individual and has been reasonably identified by the Notary by personal knowledge or satisfactory evidence (WVC 39-4-38[a][2][D])

            2. Identification Document: “The individual presents a government-issued, unexpired identification document or record which includes the individual’s photograph, name, and signature. Common acceptable forms of identification documents include, but are not limited to, a driver’s license, government-issued identification card, or passport” (WVC 39-4-38[a][2][B]).

            3. Two Different Forms of Identity Proofing: The statute requires the Notary to use at least two different types of processes or services by which a third person provides a means to verify the identity of the individual through a review of public or private data sources (WVC 39-4-38[a][2][C]).

Refusal of Services

1. Specific Grounds

   1. Competence: “A notarial officer has the authority to refuse to perform a notarial act if the officer is not satisfied that … [t]he individual executing the record is competent or has the capacity to execute the record….” (WVC 39-4-8[a][1]).

   2. Willingness: “A notarial officer has the authority to refuse to perform a notarial act if the officer is not satisfied that … [t]he individual’s signature is knowingly and voluntarily made” (WVC 39-4-8[a][2]).

   3. In-Person Electronic Notarial Acts: “A notary may refuse to perform a notarial act with respect to an electronic record, for an individual not in the physical presence of the notary, or for using a technology that the notary has not selected” (NH).

2. General Grounds: “A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this article” (WVC 39-4-8[b]).

Incomplete Documents

“Does the document need to be completed before being notarized? – Yes. Never notarize a blank document” (website, “Notary Public Frequently Asked Questions”).

Signature by Proxy

“If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert ‘Signature affixed by (name of other individual) at the direction of (name of individual)’ or words of similar import” (WVC 39-4-9).

Exploitation of the Elderly

“Because of their frequent interaction with vulnerable West Virginians, notaries public are uniquely situated to recognize and report potential abuse, neglect and financial exploitation” (NH).
Some common warning signs of such abuse are (NH): the person seems unclear about the documents being presented for notarization; the person seems to be afraid of the person(s) accompanying him or her; the person seems to be pressured into signing a document; and the person is making a lot of changes to the same documents in a short period of time.

“If you suspect someone is being abused, neglected or financially exploited, report the activity immediately to your local county Department of Health and Human Resources (DHHR). You may also call the Abuse Hotline at 1-800-352-6513. If you suspect someone is in immediate danger, call 911” (NH).

Disqualifying Interest

1. Personal and Direct Beneficial Interest: “A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer’s spouse is a party, or in which either of them has a direct beneficial interest, financial or otherwise. A notarial act performed in violation of this subsection is voidable” (WVC 39-4-4[b]).

2. Relatives: WVC 39-4-4(b), cited above, prohibits a Notary from notarizing a record in which the officer’s spouse is a party, or in which the Notary’s spouse has a direct beneficial interest.
   “A notary public shall not notarize a document [f]or members of your immediate family if you could potentially receive money or property interest from the transaction” (NH).
   “May I notarize documents for family members? – If you are a named party to the transaction or may receive direct benefit, such as cash, property or title from the transaction, you have a disqualifying interest and must refrain from notarizing any such documents” (website, “Notary Public Frequently Asked Questions”).

3. Employee-Notaries: “[I]f you are an employee of a company or agency, you are allowed to notarize documents prepared by your employer if it is part of your regular duties of the job and no extra compensation is given as a result” (NH).
   “May an employee notarize documents for an employer? – Employees may notarize for an employer, providing the transaction does not stand to benefit the notary in excess of their normal salary and benefits” (website, “Notary Public Frequently Asked Questions”).

4. Attorneys: An attorney who has prepared documents for a client for which they have a direct or indirect beneficial interest must not notarize signatures on those documents. A third party must perform the notarization (NH).
   “An attorney, who is a notary public and also counsel for a party to a suit, but who has no interest in the transaction other than that which ordinarily arises from the relation of attorney and client, is not disqualified by law to administer an oath to his or her client for the purpose of verifying a pleading in the case” (NH).

Stamp and Sign

“Is it enough to just sign my name and put my stamp on a document? – No, unless you are completing an acknowledgement or oath form which is already a part of the form. A notarization without the form is improper, and it must always include the date of notarization” (website, “Notary Public Frequently Asked Questions”).

Government Employee Notaries

1. Limitation: “If you are commissioned as a state or local government employee you are only authorized to notarize documents of the office in which you are employed” (NH). The cost of becoming a Notary is borne by the state or local government office (WVC 39-4-31[c]).

2. Remittance of Fees: “All fees received for notarial services by a government notary public appointed for and in behalf of a state or local government office shall be remitted by him or her to the state or local government office in which he or she is employed” (WVC 39-4-31[d]).

Unauthorized Practice of Law

1. No Authority: “A commission as a notary public does not authorize an individual to:
   “(1) Assist persons in drafting legal records, give legal advice or otherwise practice law;
   “(2) Act as an immigration consultant or an expert on immigration matters;
   “(3) Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters; or
   “(4) Receive compensation for performing any of the activities listed in this subsection” (WVC 39-4-23[a]).

2. Injunctive Relief: “Upon his or her own information or upon complaint of any person, the Attorney General, or his or her designee, may maintain an action for injunctive relief in circuit court against any notary public who renders, offers to render or holds himself or herself out as rendering any service constituting the unauthorized practice of the law. Any organized bar association in this state may intervene in the action, at any stage of the proceeding, for good cause shown. The action may also be maintained by an organized bar association in this state or by the Secretary of State” (WVC 39-4-34).

Advertisements

1. Deceptive Advertising: “A notary public may not engage in false or deceptive advertising” (WVC 39-4-23[b]).

2. Use of ‘Notario’: “A notary public, other than an attorney licensed to practice law in this state, may not use the term ‘notario’ or ‘notario publico’” (WVC 39-4-23[c]).

3. Mandatory Notice: “A notary public, other than an attorney licensed to practice law in this state, may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law. If a notary public who is not an attorney licensed to practice law in this state in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media and the internet, the notary public shall include the following statement, or an alternate statement authorized or required by the Secretary of State, in the advertisement or representation, prominently and in each language used in the advertisement or representation: ‘I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities’. If the form of advertisement or representation is not broadcast media, print media or the internet and does not permit inclusion of the statement required by this subsection because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed” (WVC 39-4-23[d]).

In-Person Electronic Notarial Acts

1. Applicable Law

   1. Uniform Electronic Transactions Act: West Virginia has adopted the Uniform Electronic Transactions Act (WVC 39A-1-1 through 39A-1-17), including the provision on notarization: “If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (WVC 39A-1-11).

   2. Uniform Real Property Electronic Recording Act: West Virginia has enacted the Uniform Real Property Electronic Recording Act (WVC 39A-4-1 through 39-A-7), including the provision on notarization: “A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature.  A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature on a document that complies with the electronic notarization procedure under §39-4-19 of this code and §153 CSR 45” (WVC 39A-4-3[c]).

   3. Revised Uniform Law on Notarial Acts: Effective July 1, 2014, the state of West Virginia adopted the Revised Uniform Law on Notarial Acts, putting in place basic statutory provisions enabling the performance of notarial acts with respect to electronic records. These provisions are summarized below.

   4. Code of State Rules 153-45: To implement the electronic notarization provisions of the RULONA, the West Virginia Secretary of State has created a new chapter 153-45 in the Code of State Rules, called “Standards and Guidelines for Electronic Notarization” (W.Va. 153 CSR 45). These rules are summarized below.

2. Technology Systems

   1. Approval of System Providers: Not required.

   2. List of System Providers: List of System Providers: The Secretary of State maintains a list of vendors whose technology systems are offered to West Virginia Notaries (website, “eNotarization). “The technology you choose must meet the requirements set forth in West Virginia 153 CSR 45. There are several vendors that provide this technology. The following is a list of Secretary of State vendors who have indicated that they meet the requirements set for in WV 153 CSR 45.” The list may be found at https://sos.wv.gov/business/Pages/eNotarization.aspx.

3. Tamper-Evident Technology

   1. Selection by Notary: “A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected” (WVC 39-4-19[a]).

   2. Standards: “If the Secretary of State has established standards for approval of technology pursuant to section twenty-five of this article, the technology must conform to the standards. If the technology conforms to the standards, the Secretary of State shall approve the use of the technology” (WVC 39-4-19[b]).

4. Requirements for Electronic Act: “An electronic notary public shall perform an electronic notarization only if the individual seeking a notarial act:
   “9.1.1. Is in the presence of the notary at the time of notarization;
   “9.1.2. Is personally known to the notary or identified by the notary through satisfactory evidence as prescribed in W. Va. Code § 39-4-7.;
   “9.2. An electronic notary public may refuse to perform a notarial act if the officer is not satisfied that:
   “9.2.1. The individual executing the record is competent or has the capacity to execute the record; or
   “9.2.2. The individual's signature is knowingly or voluntarily made” (CSR 153-45-9).

5. All Notary Rules Apply: “In performing electronic notarial acts, an electronic notary shall adhere to all applicable rules governing notarial acts provided in this rule, 153 CSR 46A, and W.Va Code 39-1-1, et seq” (CSR 153-45-10.1).

6. Journal of In-Person Electronic Notarial Acts: For the rules permitting Notaries to keep a journal of electronic notarizations, see “Records of Notarial Acts,” below.

7. Employer Prohibitions: “An employer of an electronic notary shall not use or control the means for producing registered electronic signatures and notary seals, or registered single elements combining the required features of both, nor upon termination of a notary's employment, retain any software, coding, disk, certificate, card, token, or program that is intended exclusively to produce a registered electronic signature, notary seal, or combined single element, whether or not the employer financially supported the employee's activities as a notary” (CSR 153-45-15.1).

8. Disposition of Software and Hardware: “When the commission of an electronic notary, remote online notary, or remote ink notary, expires or is resigned or revoked, when registration terminates as an electronic notary, remote online notary, or remote ink notary, or when a notary dies, the notary or the notary's duly authorized representative, within 30 business days, shall permanently erase or expunge the software, coding, disk, certificate, card, token, or program that is intended exclusively to produce registered electronic notary seals, perform remote online notarial acts or remote ink notarial acts, registered single elements combining the required features of an electronic signature and notary seal, or registered electronic signatures that indicate status as a notary” (CSR 153-45-25.1).

Remote Notarial Acts

1. Applicable Law

   1. Revised Uniform Law on Notarial Acts: Effective June 17, 2021, West Virginia added Sections 39-4-37 and 39-4-38 to the West Virginia Code, authorizing two forms of remote notarization.

   2. Code of State Rules 153-45: The West Virginia Secretary of State has adopted rules for remote electronic notarization during a state of emergency under certain circumstances (W.Va. 153 CSR 45).

2. Remote “Online” and “Ink” Notarization: West Virginia has enacted remote “ink” notarization provisions alongside remote “online” notarization its provisions. While with a remote “online” notarization, the “record” that is notarized may be in paper or electronic form, with a remote “ink” notarization, the “document” is paper only. Remote “ink” notarization provisions align with the temporary remote notarization provisions authorized during the COVID-19 state of emergency.

3. Remote “Online” Notarial Acts

   1. Technology Systems

      1. Approval of System Providers: Not required.

      2. List of System Providers: The Secretary of State maintains a list of vendors whose technology systems are offered to West Virginia Notaries (website, “eNotarization). “The technology you choose must meet the requirements set forth in West Virginia 153 CSR 45. There are several vendors that provide this technology. The following is a list of Secretary of State vendors who have indicated that they meet the requirements set for in WV 153 CSR 45.” The list may be found at https://sos.wv.gov/business/Pages/eNotarization.aspx.

   2. Confirmation of Record: “A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if … [t]he notary public is reasonably able to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature” (WVC 39-4-37[c][2]).

   3. Audio-Visual Recording: For the requirement that a Notary who performs a remote “online” notarization must keep an audio-visual recording of the notarial act, see “Records of Notarial Acts,” below.

   4. Remotely Located Individual Located Outside the United States: “A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if: … [f]or a remotely located individual located outside the United States:
      “(A) The notary public is commissioned as an Out-of-State Commissioner pursuant to §39-4A-1 et seq. of this code; and
      “(B) The record:
      “(i) Is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of West Virginia; or
      “(ii) Involves property located in or a transaction substantially connected with West Virginia” (WVC 39-4-37[c][4]).

4. Remote “Ink” Notarization

   1. Notification and Registration: A Remote “Ink” Notary must follow all the applicable rules as an Electronic Notary in registering with the Secretary of State. See “Notification and Registration” under “Electronic Notarial Acts,” above.

   2. Real-Time Communication: “A document may be notarized for an individual who is not in the physical presence of the notary public at the time of the notarization if … [t]he individual and the notary can communicate simultaneously, in real time, by sight and sound using communication technology defined in §39-4-37 of this code” (WVC 39-4-38[a][1]).

   3. Identification of Individual: For the requirement to identify a remotely located individual for a remote ink notarial act, see “Identification” under “Standards of Practice,” above.

   4. Individual Located Outside West Virginia: “When an individual who is physically located outside of the state of West Virginia seeks a remote notarization pursuant to this section, the following additional requirements shall also be met:
      “(1) The notary must be commissioned as an Out-of-State Commissioner pursuant to §39-4A-1 et seq. of this code; and
      “(2) The record being notarized must:
      “(A) Be intended for filing or presentation in a matter before a court, governmental entity, public official, or other entity subject to the jurisdiction of West Virginia;
      “(B) Involve property located in the territorial jurisdiction of West Virginia or a transaction substantially connected to the state of West Virginia; or
      “(C) Otherwise not be prohibited, by West Virginia law to be notarized outside the state of West Virginia.

   5. Mailing Signed Document: “Once signed by the individual according to the procedures set forth in this section, the individual shall mail or otherwise cause to be delivered the signed original copy of the documents to the notary public for certification and execution with the notary’s commission signature and official stamp or seal” (WVC 39-4-38[d]).

   6. Date of Notarial Act: “The date and time of the notarization shall be the date and time when the notary witnessed the signature being performed via communication technology” (WVC 39-4-38[e]).

   7. Permissive Act; Refusals: “Nothing in this section affects the authority of a notary public to refuse to perform a notarial act or requires a notary to perform a notarization remotely:
      “(1) With respect to an electronic record;
      “(2) For an individual not in the physical presence of the notary; or
      “(3) Using a technology that the notary has not selected” (WVC 39-4-38[f]).

   8. Disposition of Software and Hardware: For the requirements of a Remote “Online” Notary and Remote “Ink” Notary to properly dispose of software and hardware used to perform remote “online” or remote “ink” notarial acts, see “In-Person Electronic Notarial Acts,” above.

Powers of Attorney

In 2012, West Virginia enacted the Uniform Power of Attorney Act, which includes the following provision:

“A power of attorney must be signed by the principal or in the principal’s conscious presence by another individual directed by the principal to sign the principal’s name on the power of attorney and must be acknowledged by the principal before a notary public or other individual authorized by law to take acknowledgments” (WVC 39B-1-105).

Self-Proved Wills

“Any or all of the attesting witnesses to any will, at the request of the testator, may make and subscribe an affidavit before any officer authorized to administer oaths, in or out of the State, stating such facts as would be required of them in testimony in court to establish and prove the will; and if the testator shall preserve such affidavits with the will, and the same are produced and offered in evidence when the will is offered for probate, they shall be admissible in evidence and have the same probative value as if the affiants had appeared in court or before the clerk thereof and testified to the facts stated in the affidavit: Provided, that such affidavits shall not be admissible in evidence in any case in which there is a contest over the will” (WVC 41-5-15).

Withholding Records

“Except as otherwise allowed by law, a notary public may not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public” (WVC 39-4-23[e]).

Criminal Misconduct

“A notary public who knowingly and willfully commits any official misconduct is guilty of a misdemeanor and, upon conviction, shall be fined not more than $5,000 or confined in jail not more than one year, or both fined and confined” (WVC 39-4-33[a]).

“A notary public who recklessly or negligently commits any official misconduct is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000” (WVC 39-4-33[b]).

Employers

1. Leaving Employment: “If my employer pays for my notary commission, what happens if I leave that job? – You are the person who holds the commission, not the employer, and the employer may not have the commission canceled. However, it is your duty to file a change of address and get a new seal immediately if your employer's address is on your seal. If you are a government notary, your commission expires when you terminate employment with (or are terminated by) the agency” (website, “Notary Public Frequently Asked Questions”).

2. Liability: “The employer of a notary public is also liable to the persons involved for all damages proximately caused by the notary’s official misconduct, if … (t)he notary public was acting within the scope of his or her employment at the time he or she engaged in the official misconduct; and … (t)he employer consented to the notary public’s official misconduct” (WVC 39-4-32[b]).

Validity of Notarial Acts

“Except as otherwise provided in subsection (b), section four of this article, the failure of a notarial officer to perform a duty or meet a requirement specified in this article does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this article does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on law of this state other than this article or law of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts” (WVC 39-4-24).

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Certificate Requirements

1. General Requirement: “A notarial act must be evidenced by a certificate” (WVC 39-4-15[a]).

2. Specific Requirements: The certificate must:
   “(1) Be executed contemporaneously with the performance of the notarial act;
   “(2) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the Secretary of State;
   “(3) Identify the jurisdiction in which the notarial act is performed;
   “(4) Contain the title of office of the notarial officer; and
   “(5) If the notarial officer is a notary public, indicate the date of expiration, if any, of the officer’s commission” (WVC 39-4-15[a]).

Certificate Forms

West Virginia has adopted the Revised Uniform Law on Notarial Acts and the Act’s short-form certificates. These certificate forms and a form prescribed in statute for an oath or affirmation by a military officer appear below.