reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 39. Records and Papers › Article 3. Reconstruction of Lost Records and Papers › §39-3-5. Loss of Original Papers in Any Cause or Appellate Court Record; Effect of Papers Supplied

If, in any cause, the original papers therein, or any of them, or the record for or in an appellate court, or any paper filed or connected with such record, be lost, the court wherein the case is, or in which, but for such loss, it would or ought to be, may docket the same, and, on affidavit of such loss, the cause may be proceeded in, heard and determined, upon an authenticated copy of what is lost, or proof of the contents thereof; or if the cause be in an appellate court, upon a new record made up from the records and papers of the court below, and certified by the proper officer; or, in case the record and papers, or any part thereof, be lost or destroyed, the court below may, upon application of either party, upon reasonable notice to the opposite party, supply such record or part thereof, from the best evidence before it, either documentary or parol, which may be used in the court of appeals for the same purposes that the original might be. The court may, however, at the instance of either party, or in its discretion, require new pleadings to be made up in whole or in part; and the plaintiff, instead of proceeding as hereinbefore provided for, may commence and prosecute a new suit for the same matter; and such new suit may, if the former suit was in due time, be brought within one year after such loss, notwithstanding the expiration of the time within which suit must otherwise have been brought. If a cause has been decided and the original papers therein have been lost, the court by which the cause was decided, on affidavit of such loss, by some person interested therein and who was a party in such suit, may redocket such cause, and upon motion of such affiant, and after reasonable notice to all parties interested in such cause, shall supply such lost papers or parts thereof by authenticated copies of the same or proof of the contents thereof, and the papers thus supplied shall have the same effect as the papers for which they are substituted would have had.
2023 West Virginia Code › Chapter 39. Records and Papers › Article 3. Reconstruction of Lost Records and Papers › §39-3-6. When Books or Papers Deemed Lost

Where any book or paper is obliterated, defaced or injured so as to be in whole or in part illegible, or is destroyed, or carried away and concealed, or is in the possession or control of armed rebels or a public enemy, it shall be deemed lost for the purposes of this article.
2023 West Virginia Code › Chapter 39. Records and Papers › Article 3. Reconstruction of Lost Records and Papers › §39-3-7. Procedure to Prove Contents of Lost Papers or Records -- Generally

Any person desirous of proving the contents of any paper filed in a clerk's office or anything which was of record in any book therein may, if such paper or book be lost within the meaning of this article, present to the circuit court of the county wherein such paper or book was filed or kept, a petition specifying with reasonable certainty the nature of the paper or record, the contents of which he desires to prove, and what persons may be affected by such proof. Reasonable notice of the time and place of proceeding on such petition shall be given to the parties interested. Such notice may be served as prescribed in sections one and two, article two, chapter fifty-six of this code. If any person who may be affected by the proof be an infant or insane person, a guardian ad litem shall be appointed to attend to the case on his or her behalf. Whereupon such court shall make an order referring such petition to one of the commissioners of the court, who shall take proof of the contents of such record or paper, and make report of same, with the evidence taken by him to the court. Such report shall be filed in the office of the clerk of such court at least ten days before it shall be acted upon by the court, when the court may confirm or recommit the same or make any order in relation thereto which may be necessary and proper. If such report be confirmed by the court, it shall be recorded in the book where the original paper was or should have been recorded; or if it was a paper on file in the office, shall be filed away where such paper was or should have been filed; and such report, when finally confirmed and recorded or filed, shall in all cases be prima facie evidence of what is stated therein, and, after ten years from the confirmation of such report, shall be conclusive evidence of what is stated therein.
2023 West Virginia Code › Chapter 39. Records and Papers › Article 3. Reconstruction of Lost Records and Papers › §39-3-8. Procedure to Prove Contents of Lost Papers or Records -- Right to Rehearing

Such court may, however, without notice or the appointment of a guardian ad litem, proceed on such petition in accordance with the preceding section and with like effect: Provided, That any person whose interest may be affected by the proceedings under this section, or who in any case shall have been proceeded against by publication, or the personal representative of any such, shall have the same rights, as to a rehearing, that may be allowed by law to nonresident defendants in actions at law or suits in equity.
2023 West Virginia Code › Chapter 39. Records and Papers › Article 3. Reconstruction of Lost Records and Papers › §39-3-9. Taking Testimony as to Lost Records -- Action by County Clerk

Whenever the book or books in which are required to be recorded deeds, wills or other papers relating to the title or boundaries of lands, have been, or may hereafter be, burned, lost or destroyed, it shall be lawful for the clerk of the county court of the county in which such burning, loss or other destruction took place to take such testimony in relation to such title papers as is hereinafter provided.
2023 West Virginia Code › Chapter 39. Records and Papers › Article 3. Reconstruction of Lost Records and Papers › §39-3-10. Taking Testimony as to Lost Records -- Record

He shall provide a well-bound book at the expense of the county in which to record such testimony as he may take for the purpose aforesaid. Such testimony shall be taken at his office, between the hours of nine o'clock a.m., and five o'clock p.m., and the taking thereof shall be commenced not later than one year and concluded not later than five years after such burning, loss or destruction.
2023 West Virginia Code › Chapter 39. Records and Papers › Article 3. Reconstruction of Lost Records and Papers › §39-3-11. Taking Testimony as to Lost Records -- Publication of Notice

Such clerk shall give notice, as hereinafter provided, of the time and place of the commencement of taking such testimony. A copy of which notice, together with the affidavit of publication, shall be recorded in the book aforesaid. Such notice shall be published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty- nine of this code, and the publication area for such publication shall be the county. The costs of publishing such notice shall be paid by the county.
2023 West Virginia Code › Chapter 39. Records and Papers › Article 3. Reconstruction of Lost Records and Papers › §39-3-12. Taking Testimony as to Lost Records -- Subjects of Inquiry

On the day fixed by such notice, such clerk shall take and record in such book the testimony of any credible person, who may appear before him touching the existence or execution of any deed, will, or other title paper which was recorded in any book burned, lost or destroyed, as aforesaid. The witness shall describe the paper as nearly as may be; and if a deed be the subject of inquiry, the names of the grantor and grantee, the date thereof, and the number of acres called for shall be stated as nearly as the witness can recollect. The witness shall further state as accurately as he is able the locality of the land conveyed; the name of the tract, if it had any; whether it is improved or unimproved, and if improved, who made the improvements; who lived upon the same, and how long; what the calls were with regard to corners, boundaries, or adjacent lands; and anything else which the clerk may deem material to describe the title to the land, or to locate the same. If a will or other title paper than a deed be the subject of inquiry, the witness shall describe the same with the same particularity as in the case of a deed.
2023 West Virginia Code › Chapter 39. Records and Papers › Article 3. Reconstruction of Lost Records and Papers › §39-3-13. Taking Testimony as to Lost Records -- Powers of Clerk; Death, etc., of Clerk

For the purpose of taking such testimony, such clerk shall have authority to summon witnesses and enforce their attendance when desired by any person interested, in like manner as witnesses are compelled to appear before commissioners in chancery; to compel the production before him of any document, paper or book that he may deem pertinent for the purpose of any particular inquiry; and to administer oaths to such witnesses as may be brought before him Any person who shall wilfully swear falsely before such clerk to any material fact shall be guilty of perjury, and, upon conviction thereof, shall be punished as in other cases of perjury. When the testimony in any case shall have been partly taken by a clerk, and he shall die or his place be otherwise vacated before such testimony is completed, the successor of such clerk may complete the taking of the same with like effect as if it had been completed by the clerk who began to take the same.
2023 West Virginia Code › Chapter 39. Records and Papers › Article 3. Reconstruction of Lost Records and Papers › §39-3-14. Taking Testimony as to Lost Records -- Fees Payable to Clerk and Witnesses

The person at whose instance such testimony is taken shall pay to such clerk for his services in such behalf the same fees as are allowed to commissioners in chancery, and to witnesses the same compensation as is allowed to witnesses in other cases. All such fees due the clerk shall be collected by him and paid into the county treasury, and may be collected in the same manner and by the same remedies as costs in a common-law action.
2023 West Virginia Code › Chapter 39. Records and Papers › Article 3. Reconstruction of Lost Records and Papers › §39-3-15. Taking Testimony as to Lost Records -- Adjournments; Completion and Preservation of Testimony

Such clerk may adjourn the taking of such testimony from day to day or from time to time, not exceeding thirty days at any one adjournment, until he shall have completed and closed his duties under the provisions of this article, but not continuing the taking thereof beyond the period prescribed in section ten of this article; after which he shall preserve the book or books containing his proceedings among the records of his office. Such clerk shall give certified copies of such depositions, whenever requested by any person to do so, and he shall receive the same compensation therefor as for other certified copies.
2023 West Virginia Code › Chapter 39. Records and Papers › Article 3. Reconstruction of Lost Records and Papers › §39-3-16. Taking Testimony as to Lost Records -- Admissibility of Depositions or Copies

The depositions taken as aforesaid shall be admissible in all suits or controversies in relation to the title or boundaries of lands in such county, whenever such depositions are relevant and no higher or better evidence can be had; and copies of such depositions, when duly certified by the clerk of the county court of such county, shall be admissible in any court the same as the original.
2023 West Virginia Code › Chapter 39. Records and Papers › Article 4. Revised Uniform Law on Notarial Acts › §39-4-3. Applicability; Operative Date of Enactment; Effect on Existing Law

(a) This article applies to a notarial act performed on or after July 1, 2014.
(b) The repeal of chapter twenty-nine-c of this code and the repeal of articles four, chapter twenty-nine and one-a, chapter thirty-nine of this code and the amendment and reenactment of section two, article one, chapter fifty-nine of this code, pursuant to the provisions of Enrolled House Bill No. 4012, as enacted by the Legislature during the regular session, 2014, are operative on June 30, 2014. The prior enactments of chapter twenty-nine-c; articles four, chapter twenty-nine and one-a, chapter thirty-nine; and section two, article one, chapter fifty-nine of this code, whether amended and reenacted or repealed by the passage of Enrolled House Bill No. 4012, have full force and effect until the provisions of Enrolled House Bill No. 4012, are operative on June 30, 2014, unless after the effective date of Enrolled House Bill No. 4012, and prior to the operative date of June 30, 2014, the provisions of Enrolled House Bill No. 4012, are otherwise repealed or amended and reenacted.
2023 West Virginia Code › Chapter 39. Records and Papers › Article 4. Revised Uniform Law on Notarial Acts › §39-4-4. Authority to Perform Notarial Act

(a) A notarial officer may perform a notarial act authorized by this article or by law of this state other than this article.
(b) 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.
2023 West Virginia Code › Chapter 39. Records and Papers › Article 4. Revised Uniform Law on Notarial Acts › §39-4-5. Requirements for Certain Notarial Acts

(a) 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 and that the signature on the record is the signature of the individual.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
2023 West Virginia Code › Chapter 39. Records and Papers › Article 4. Revised Uniform Law on Notarial Acts › §39-4-6. Personal Appearance Required

(a) 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.
(b) The Secretary of State shall propose rules for legislative approval in accordance with the provisions of 29A-3-1
et seq
. of this code establishing specific requirements for the performance of a notarial act on behalf of an individual appearing before a notary public by means of communication technology.
2023 West Virginia Code › Chapter 39. Records and Papers › Article 4. Revised Uniform Law on Notarial Acts › §39-4-6a. Remote Acknowledgements and Notarizations Under Covid-19 Executive Order Deemed Valid

Acknowledgements and notarizations performed by means of remote communication technology, pursuant to section 6 of the Governors 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
.
2023 West Virginia Code › Chapter 39. Records and Papers › Article 4. Revised Uniform Law on Notarial Acts › §39-4-7. Identification of Individual

(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.
(b) 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.
(c) 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.
2023 West Virginia Code › Chapter 39. Records and Papers › Article 4. Revised Uniform Law on Notarial Acts › §39-4-8. Authority to Refuse to Perform Notarial Act

(a) A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:
(1) The individual executing the record is competent or has the capacity to execute the record; or
(2) The individual's signature is knowingly and voluntarily made.
(b) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this article.
2023 West Virginia Code › Chapter 39. Records and Papers › Article 4. Revised Uniform Law on Notarial Acts › §39-4-9. Signature if Individual Is Unable to Sign

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.
2023 West Virginia Code › Chapter 39. Records and Papers › Article 4. Revised Uniform Law on Notarial Acts › §39-4-10. Notarial Act in This State

(a) A notarial act may be performed in this state by:
(1) A notary public of this state;
(2) A judge, clerk or deputy clerk of a court of this state; or
(3) Any other individual authorized to perform the specific act by the law of this state.
(b) The signature and title of an individual performing a notarial act in this state 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.
2023 West Virginia Code › Chapter 39. Records and Papers › Article 4. Revised Uniform Law on Notarial Acts › §39-4-11. Notarial Act in Another State

(a) A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by:
(1) A notary public of that state;
(2) A judge, clerk or deputy clerk of a court of that state; or
(3) Any other individual authorized by the law of that state to perform the notarial act.
(b) The signature and title of an individual performing a notarial act in another state 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 officer
Stamp
Title 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 officer
Stamp
Title 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 officer
Stamp
Title 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 officer
Stamp
Title 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 officer
Stam
Title of office ...........................................
My commission expires: ..........................
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.