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WV Code § 39-4-12 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-12. Notarial Act Under Authority of Federally Recognized Indian Tribe

(a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this state, if the act performed in the jurisdiction of the tribe is performed by:(1) A notary public of the tribe;(2) A judge, clerk or deputy clerk of a court of the tribe; or(3) Any other individual authorized by the law of the tribe to perform the notarial act.(b) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.(c) The signature and title of a notarial officer described in subdivision (1) or (2), subsection (a) of this section, conclusively establish the authority of the officer to perform the notarial act.
WV Code § 39-4-13 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-13. Notarial Act Under Federal Authority

(a) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by:(1) A judge, clerk or deputy clerk of a court;(2) An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law;(3) An individual designated a notarizing officer by the United States Department of State for performing notarial acts overseas; or(4) Any other individual authorized by federal law to perform the notarial act.(b) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.(c) The signature and title of an officer described in subdivision (1), (2) or (3), subsection (a) of this section, conclusively establish the authority of the officer to perform the notarial act.
WV Code § 39-4-14 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-14. Foreign Notarial Act

(a) In this section, "foreign state" means a government other than the United States, a state or a federally recognized Indian tribe.(b) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notarial officer of this state.(c) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.(d) The signature and official stamp of an individual holding an office described in subsection (c) of this section are prima facie evidence that the signature is genuine and the individual holds the designated title.(e) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the Convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.(f) A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
WV Code § 39-4-15 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-15. Certificate of Notarial Act

(a) A notarial act must be evidenced by a certificate. 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.(b) If a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in subdivisions (2), (3) and (4), subsection (a) of this section, an official stamp may be affixed to the certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in said subdivisions, an official stamp may be attached to or logically associated with the certificate.(c) A certificate of a notarial act is sufficient if it meets the requirements of subsections (a) and (b) and:(1) Is in a short form set forth in section sixteen of this article;(2) Is in a form otherwise permitted by the law of this state;(3) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or(4) Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in sections five, six and seven of this article or law of this state other than this article.(d) By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in sections four, five and six of this article.(e) A notarial officer may not affix the officer's signature to, or logically associate it with, a certificate until the notarial act has been performed.(f) If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record. If a notarial act is performed regarding an electronic record, the certificate must be affixed to or logically associated with, the electronic record. If the Secretary of State has established standards pursuant to section twenty-five of this article, for attaching, affixing, or logically associating the certificate, the process must conform to the standards.
WV Code § 39-4-16 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-16. Short Form Certificates

The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by subsections (a) and (b), section fifteen of this article:(1) For an acknowledgment in an individual capacity:State of .....................................County of ...................................This record was acknowledged before me on .............. [Date] by ........................................ [Name(s) of individual(s)]............................................................Signature of notarial officerStampTitle of office ...........................................My commission expires: ..........................(2) For an acknowledgment in a representative capacity:State of ....................County of ....................This record was acknowledged before me on .............. [Date] by ....................................................... [Name(s) of individual(s)] as ............................ [Type of authority, such as officer or trustee] of .......................... [Name of party on behalf of whom record was executed]...............................Signature of notarial officerStampTitle of office........................................My commission expires: ..........................(3) For a verification on oath or affirmation:State of ....................County of ....................Signed and sworn to (or affirmed) before me on ............ (Date) by .................................................... [Name(s) of individual(s) making statement]..............................Signature of notarial officerStampTitle of office .............................................My commission expires: ..........................(4) For witnessing or attesting a signature:State of ....................County of ....................Signed or attested before me on ...................... [Date] by ...................................... [Name(s) of individual(s) making statement]..............................Signature of notarial officerStampTitle of office ............................................My commission expires: ..........................(5) For certifying a copy of a record:State of ....................County of ....................I certify that this is a true and correct copy of a record in the possession of ......................................Dated .........................................................Signature of notarial officerStamTitle of office ...........................................My commission expires: ..........................
WV Code § 39-4-17 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-17. Official Stamp

The official stamp of a notary public must:(1) Include the notary public's name, address, jurisdiction, commission expiration date and other information required by the Secretary of State; and(2) Be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated.
WV Code § 39-4-18 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-18. Stamping Device

(a) A notary public is responsible for the security of the notary public's stamping device and may not allow another individual to use the device to perform a notarial act. On resignation from, or the revocation or expiration of, the notary public's commission, or on the expiration of the date set forth in the stamping device, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing or securing it against use in a manner that renders it unusable. On the death or adjudication of incompetency of a notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing or securing it against use in a manner that renders it unusable.(b) If a notary public's stamping device is lost or stolen, the notary public or the notary public's personal representative or guardian shall notify promptly the Secretary of State on discovering that the device is lost or stolen.
WV Code § 39-4-19 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-19. Notification Regarding Performance of Notarial Act on Electronic Record, Selection of Technology

(a) 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.(b) 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.
WV Code § 39-4-20 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-20. Commission as Notary Public; Qualifications; No Immunity or Benefit; Disposition of Fees

(a) An individual qualified under subsection (b) of this section may apply to the Secretary of State for a commission as a notary public through the Secretary of State’s online notary system. The applicant shall comply with and provide the information required by rules promulgated by the Secretary of State and pay any application fee.(b) 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) Have a high school diploma or its equivalent; and(6) Not be disqualified to receive a commission under §39-4-23 of this code.(c) Before issuance of a commission as a notary public, an applicant shall provide a statement on the notary application that they solemnly swear or affirm, under penalty of perjury, that the answers to all questions in this application are true, complete, and correct; that he or she has carefully read the notaries public law of West Virginia; and, if appointed and commissioned as a notary public, he or she will perform faithfully, to the best of his or her ability all notarial acts in accordance with the law. (d) On compliance with this section, the Secretary of State shall issue a commission as a notary public to an applicant for a term of five years.(e) 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.
WV Code § 39-4-21 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-21. Grounds to Deny, Refuse to Renew, Revoke, Suspend, or Condition Commission of Notary Public

(a) The Secretary of State may deny, refuse to renew, revoke, suspend or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including:(1) Failure to comply with this article;(2) A fraudulent, dishonest or deceitful misstatement or omission in the application for a commission as a notary public submitted to the Secretary of State;(3) A conviction of the applicant or notary public of any felony or a crime involving fraud, dishonesty or deceit;(4) A finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant's or notary public's fraud, dishonesty or deceit;(5) Failure by the notary public to discharge any duty required of a notary public, whether by this article, rules promulgated by the Secretary of State, or any federal or state law;(6) Use of false or misleading advertising or representation by the notary public representing that the notary has a duty, right or privilege that the notary does not have;(7) Violation by the notary public of a rule of the Secretary of State regarding a notary public;(8) Denial, refusal to renew, revocation, suspension or conditioning of a notary public commission in another state;(9) Failure of the notary public to maintain an assurance as provided in subsection (d), section twenty of this article;(10) Charging more than the maximum fees specified in section thirty of this article; and(11) Failure to notify the Secretary of State of an address or name change pursuant to subsection (b), section twenty-two of this article.(b) If the Secretary of State denies, refuses to renew, revokes, suspends or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to timely notice and hearing in accordance with article five, chapter twenty-nine-a of this code.(c) The authority of the Secretary of State to deny, refuse to renew, suspend, revoke or impose conditions on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law.
WV Code § 39-4-22 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-22. Database of Notaries Public

(a) The Secretary of State shall maintain an electronic database of notaries public:(1) Through which a person may verify the authority of a notary public to perform notarial acts; and(2) Which indicates whether a notary public has notified the Secretary of State that the notary public will be performing notarial acts on electronic records.(b) Not later than thirty days after a notary public either:(1) Changes the address of his or her business or residence; or(2) Changes his or her name, the notary public shall notify the Secretary of State of the address or name change.
WV Code § 39-4-23 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-23. Prohibited Acts

(a) 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. (b) A notary public may not engage in false or deceptive advertising. (c) A notary public, other than an attorney licensed to practice law in this state, may not use the term "notario" or "notario publico". (d) 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. (e) 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 writing, the notary public shall provide a clear disclaimer that the notary is not authorized to practice law under the following conditions:(1) If the form of advertisement or representation is not broadcast media, print media or the internet and does not permit inclusion of a disclaimer as required by subsection (e) 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. (2) If the form of advertisement is made through broadcast media, print media or the Internet, the following statement, or an alternate statement authorized or required by the Secretary of State, shall be prominently included in each advertisement or representation: "I am not an attorney licensed to practice law in this state. I am not permitted to draft legal records, give advice on legal matters, including but not limited to, immigration, or charge a fee for those activities".(f) 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.
WV Code § 39-4-24 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-24. 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.
WV Code § 39-4-25 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-25. Rules

(a) The Secretary of State may promulgate rules, in accordance with the provisions of chapter twenty-nine-a of this code, to implement this article. Rules promulgated regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification. The rules may:(1) Prescribe the manner of performing notarial acts regarding tangible and electronic records;(2) Include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident;(3) Include provisions to ensure integrity in the creation, transmittal, storage or authentication of electronic records or signatures;(4) Prescribe the process of granting, renewing, conditioning, denying, suspending or revoking a notary public commission and assuring the trustworthiness of an individual holding a commission as notary public;(5) Include provisions to prevent fraud or mistake in the performance of notarial acts;(6) Establish the process for approving and accepting surety bonds and other forms of assurance under subsection (d), section twenty of this article; and (7) Establish fees, with legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code. Fees collected by the Secretary of State pursuant to section two, article one, chapter fifty-nine of this code shall be deposited by the Secretary of State as follows: One-half shall be deposited in the state general revenue fund and one-half shall be deposited in the service fees and collections account established by section two, article one, chapter fifty-nine of this code for the operation of the office of the Secretary of State. The Secretary of State shall dedicate sufficient resources from that fund or other funds to provide the services required by the provisions of article four, chapter thirty-nine of this code.(b) In promulgating, amending or repealing rules about notarial acts with respect to electronic records, the Secretary of State shall consider, so far as is consistent with this article:(1) The most recent standards regarding electronic records promulgated by national bodies, such as the National Association of Secretaries of State;(2) Standards, practices and customs of other jurisdictions that substantially enact this article; and(3) The views of governmental officials and entities and other interested persons.