reglab/housing_qa huggingface dataset:
WV Code § 39-4-26 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-26. Notary Public Commission and Commissioner Appointment in Effect

(a) A commission as a notary public in effect on June 30, 2014, continues until its date of expiration. A notary public who applies for a commission as a notary public on or after July 1, 2014, is subject to and shall comply with this article. A notary public, in performing notarial acts on or after July 1, 2014, shall comply with this article.(b) An appointment as commissioner under the repealed provisions of article four, chapter twenty-nine of this code, in effect on June 30, 2014, continues until its date of expiration. A commissioner, in performing notarial acts on or after July 1, 2014, shall comply with this article: Provided, That a person holding a commission pursuant to the provisions of article four, chapter twenty-nine of this code, on June 30, 2014, is not required to obtain or use a stamp required by section seventeen of this article, prior to the expiration of that commission.
WV Code § 39-4-27 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-27. Savings Clause

This article does not affect the validity or effect of a notarial act performed before July 1, 2014.
WV Code § 39-4-28 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-28. Uniformity of Application and Construction

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
WV Code § 39-4-29 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-29. Relation to Electronic Signatures in Global and National Commerce Act

This article modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U. S. C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U. S. C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U. S. C. Section 7003(b).
WV Code § 39-4-30 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-30. Maximum Fees

(a) The maximum fee in this state for notarization of each signature and the proper recordation thereof in the journal of notarial acts is $10.00 for each signature notarized.(b) The maximum fee in this state for certification of a facsimile of a document, retaining a facsimile in the notarys file, and the proper recordation thereof in the journal of notarial acts is $10.00 for each eight and one-half by eleven inch page retained in the notarys file.(c) The maximum fee in this state is $10.00 for any other notarial act performed.
WV Code § 39-4-31 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-31. Government Notaries 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.
WV Code § 39-4-32 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-32. Liability of Notary and of an Employer of Notary

(a) A notary public is liable to the persons involved for all damages proximately caused by the notary's official misconduct.(b) 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:(1) The notary public was acting within the scope of his or her employment at the time he or she engaged in the official misconduct; and(2) The employer consented to the notary public's official misconduct.(c) It is not essential to a recovery of damages that a notary's official misconduct be the only proximate cause of the damages.(d) For the purposes of this section, the term "official misconduct" means any act or conduct that:(1) May result in the denial, refusal to renew, revocation, suspension or condition commission of a notary public pursuant to section twenty-one of this article; or(2) Is prohibited by section twenty-three of this article.
WV Code § 39-4-33 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-33. Criminal Penalties

(a) 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.(b) 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.(c) Any person who acts as, or otherwise willfully impersonates, a notary public while not lawfully appointed and commissioned to perform notarial acts 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.(d) Any person who unlawfully possesses a notary's official seal or any papers or copies relating to notarial acts, is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000.(e) For the purposes of this section, the term "official misconduct" means any act or conduct that:(1) May result in the denial, refusal to renew, revocation, suspension or condition commission of a notary public pursuant to section twenty-one of this article; or(2) Is prohibited by section twenty-three of this article.
WV Code § 39-4-34 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-34. Action for Injunction; Unauthorized Practice of Law

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.
WV Code § 39-4-35 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-35. Administrative Complaints and Investigations

(a) In addition to the powers and duties contained in this article, the Secretary of State may:(1) Investigate, upon complaint or on his or her own initiative, any alleged violations or irregularities of this article.(2) Administer oaths and affirmations, issue subpoenas for the attendance of witnesses, issue subpoenas duces tecum to compel the production of books, papers, records and all other evidence necessary to any investigation.(3) Involve the aid of any circuit court in the execution of its subpoena power.(4) Report any alleged violations of this article to the appropriate prosecuting attorney having jurisdiction, which prosecuting attorney shall present to the grand jury the alleged violations, together with all evidence relating thereto, no later than the next term of court after receiving the report.(b) The Attorney General shall, when requested, provide legal and investigative assistance to the Secretary of State.
WV Code § 39-4-36 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-36. Secretary of State Record Retention

(a) The provisions of subsection (c), section three, article two, chapter five of this code notwithstanding, the Secretary of State may destroy original records of appointment under this article after expiration of the term of a notary public: Provided, That the Secretary of State maintains an electronic copy of the appointment for a minimum of ten years after the expiration of the term of the notary public.(b) 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.
WV Code § 39-4A-2 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4A. Out-of-State Commissioners|§39-4A-2. Powers of Commissioners; Official Seals

(a) Upon approval of a successful application, commissioners shall hold office for 10 years, unless removed by the Secretary of State under the grounds set forth in 39-4A-1(e) of this code. (b) When any oath may lawfully be administered, or affidavit or deposition taken, within the state, territory or district for which any such commissioner is appointed, to be used in this state, it may be done by the commissioner.(c) Each commissioner shall have an official seal, which shall be a rubber stamp and shall contain:(1) The words "Official Seal";(2) The words "Commissioner for West Virginia";(3) The commissioners name exactly as it is written as an official signature;(4) The city and state of residence of the commissioner; and(5) The words "My Commission Expires" and the date of expiration of the commission.(d) Commissioners may take, within or any place out of the State of West Virginia, the acknowledgements of deeds and other writings to be admitted to the record in the State of West Virginia, but each acknowledgement shall reflect where the acknowledgement was taken, including, but not limited to, the state and county or territory. (e) Every certificate of the commissioner shall be authenticated by his or her signature and official seal.
WV Code § 39-4A-3 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4A. Out-of-State Commissioners|§39-4A-3. Prohibited Acts

Commissioners shall refrain from the following prohibited activities:(1) Assisting persons in drafting legal records, giving legal advice, or otherwise practicing law;(2) Acting as an immigration consultant or an expert on immigration matters; or(3) Representing a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters.(4) No provision of this section shall be construed to prohibit the practice of law by a duly licensed attorney.
WV Code § 39-4A-4 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4A. Out-of-State Commissioners|§39-4A-4. Rulemaking

The Secretary of State may propose rules for legislative approval to implement this article, in accordance with the provisions of §29A-3-1 et seq. of this code.
WV Code § 39-4A-5 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4A. Out-of-State Commissioners|§39-4A-5. Incorporation of Revised Uniform Law on Notarial Acts; Online Database

(a) All requirements, duties, prohibitions, penalties, and procedures set forth in §39-4-1 et seq. of this code that are consistent with the foregoing provisions of this article shall apply to commissioners.(b) The Secretary of State shall include all active commissioners in its database of notaries public set forth in §39-4-22 of this code, which database shall clearly distinguish commissioners from notaries public.
WV Code § 39-5-1 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 5. Electronic Signatures Authorization Act|§39-5-1. To 39-5-8

Repealed.Acts, 2001 Reg. Sess., Ch. 120.
WV Code § 39-6-1 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 6. Uniform Electronic Legal Material Act|§39-6-1. Short Title

This article may be cited as the Uniform Electronic Legal Material Act.
WV Code § 39-6-2 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 6. Uniform Electronic Legal Material Act|§39-6-2. Definitions

In this article:(1) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.(2) “Legal material” means, whether or not in effect:(A) The West Virginia Constitution;(B) The Acts of the Legislature;(C) The Code of West Virginia;(D) All rules and other materials filed in the State Register; or(E) The state administrative agency decisions made pursuant to articles four and five, chapter twenty-nine-a of this code.(3) “Official publisher” means:(A) For the Constitution of West Virginia, the State Legislature;(B) For the Acts of the Legislature, the Clerk of the House of Delegates;(C) For the Code of West Virginia, the State Legislature;(D) For a rule published in the State Register, the Secretary of State; or (E) For a state administrative agency decision, that state agency.(4) “Publish” means to display, present or release to the public, or cause to be displayed, presented or released to the public, by the official publisher.(5) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.(6) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
WV Code § 39-6-3 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 6. Uniform Electronic Legal Material Act|§39-6-3. Applicability

This article applies to all legal material in an electronic record that is designated as official under section four of this article and is first published electronically on or after the effective date of this article.
WV Code § 39-6-4 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 6. Uniform Electronic Legal Material Act|§39-6-4. Legal Material in Official Electronic Record

(a) If an official publisher publishes legal material only in an electronic record, the publisher shall:(1) Designate the electronic record as official; and(2) Comply with sections five, seven and eight of this article.(b) An official publisher that publishes legal material in an electronic record and also publishes the material in a record other than an electronic record may designate the electronic record as official if the publisher complies with sections five, seven and eight of this article.
WV Code § 39-6-5 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 6. Uniform Electronic Legal Material Act|§39-6-5. Authentication of Official Electronic Record

 An official publisher of legal material in an electronic record that is designated as official under section four of this article shall authenticate the record. To authenticate an electronic record, the publisher shall provide a method for a user to determine that the record received by the user from the publisher is unaltered from the official record published by the publisher.
WV Code § 39-6-6 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 6. Uniform Electronic Legal Material Act|§39-6-6. Effect of Authentication

(a) Legal material in an electronic record that is authenticated under section five of this article is presumed to be an accurate copy of the legal material.(b) If another state has adopted a law substantially similar to this article, legal material in an electronic record that is designated as official and authenticated by the official publisher in that state is presumed to be an accurate copy of the legal material.(c) A party contesting the authentication of legal material in an electronic record authenticated under section five of this article has the burden of proving by a preponderance of the evidence that the record is not authentic.
WV Code § 39-6-7 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 6. Uniform Electronic Legal Material Act|§39-6-7. Preservation and Security of Legal Material in Official Electronic Record

(a) An official publisher of legal material in an electronic record that is or was designated as official under section four shall provide for the preservation and security of the record in an electronic form or a form that is not electronic.(b) If legal material is preserved under subsection (a) in an electronic record, the official publisher shall:(1) Ensure the integrity of the record;(2) Provide for backup and disaster recovery of the record; and(3) Ensure the continuing usability of the material.
WV Code § 39-6-8 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 6. Uniform Electronic Legal Material Act|§39-6-8. Public Access to Legal Material in Official Electronic Record

An official publisher of legal material in an electronic record that is required to be preserved under section seven of this article shall ensure that the material is reasonably available for use by the public on a permanent basis at no cost.
WV Code § 39-6-9 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 6. Uniform Electronic Legal Material Act|§39-6-9. Standards

In implementing this article, an official publisher of legal material in an electronic record shall consider:(1) Standards and practices of other jurisdictions;(2) The most recent standards regarding authentication of, preservation and security of, and public access to, legal material in an electronic record and other electronic records, as promulgated by national standard-setting bodies;(3) The needs of users of legal material in an electronic record;(4) The views of governmental officials and entities and other interested persons; and(5) To the extent practicable, methods and technologies for the authentication of, preservation and security of, and public access to, legal material which are compatible with the methods and technologies used by other official publishers in this state and in other states that have adopted a law substantially similar to this article.
WV Code § 39-6-10 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 6. Uniform Electronic Legal Material Act|§39-6-10. Uniformity of Application and Construction

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
WV Code § 39-6-11 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 6. Uniform Electronic Legal Material Act|§39-6-11. Relation to Electronic Signatures in Global and National Commerce Act

This article modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U. S. C. Section 7001, et seq., but does not modify, limit or supersede Section 101(c) of that act, 15 U. S. C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U. S. C. Section 7003(b).
WV Code § 39A-1-1 (2021)
2021 West Virginia Code|Chapter 39A. Electronic Commerce|Article 1. Uniform Electronic Transactions Act|§39A-1-1. Short Title

This article may be cited as the uniform electronic transactions act.
WV Code § 39A-1-3 (2021)
2021 West Virginia Code|Chapter 39A. Electronic Commerce|Article 1. Uniform Electronic Transactions Act|§39A-1-3. Scope

(a) Except as otherwise provided in subsection (d) of this section, this article applies to electronic records and electronic signatures relating to a transaction.(b) This chapter does not apply to a transaction to the extent it is governed by:(1) A law governing the creation and execution of wills, codicils or testamentary trusts; and(2) The Uniform Commercial Code other than sections one hundred seven and two hundred six, article one, chapter forty-six of this code and articles two and two-a of said chapter.(c) This article applies to an electronic record or electronic signature otherwise excluded from the application of this article under subsection (b) of this article to the extent it is governed by a law other than those specified in said subsection.(d) A transaction subject to this article is also subject to other applicable substantive law.
WV Code § 39A-1-4 (2021)
2021 West Virginia Code|Chapter 39A. Electronic Commerce|Article 1. Uniform Electronic Transactions Act|§39A-1-4. Prospective Application

This article applies to any electronic record or electronic signature created, generated, sent, communicated, received or stored on or after the effective date of this article.
WV Code § 39A-1-5 (2021)
2021 West Virginia Code|Chapter 39A. Electronic Commerce|Article 1. Uniform Electronic Transactions Act|§39A-1-5. Use of Electronic Records and Electronic Signatures; Variation by Agreement

(a) This article does not require a record or signature to be created, generated, sent, communicated, received, stored or otherwise processed or used by electronic means or in electronic form.(b) This article applies only to transactions between parties, each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.(c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.(d) Except as otherwise provided in this article, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this article of the words "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.(e) Whether an electronic record or electronic signature has legal consequences is determined by this article and other applicable law.
WV Code § 39A-1-6 (2021)
2021 West Virginia Code|Chapter 39A. Electronic Commerce|Article 1. Uniform Electronic Transactions Act|§39A-1-6. Construction and Application

This article must be construed and applied:(1) To facilitate electronic transactions consistent with other applicable law;(2) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and(3) To effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it.
WV Code § 39A-1-7 (2021)
2021 West Virginia Code|Chapter 39A. Electronic Commerce|Article 1. Uniform Electronic Transactions Act|§39A-1-7. Legal Recognition of Electronic Records, Electronic Signatures and Electronic Contracts

(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.(c) If a law requires a record to be in writing, an electronic record satisfies the law.(d) If a law requires a signature, an electronic signature satisfies the law.