West Virginia Notary Public Knowledge Assessment — Questions and Answers

Question 1: What is the generally recommended minimum retention period for a notary journal after the last entry or commission expiration?

Thirty days
At least ten years, since documents may be challenged long after signing (Correct answer)
Until the next commission renewal only
Six months

Correct answer: At least ten years, since documents may be challenged long after signing

Because notarized documents can be contested many years later, retaining the journal for ten years or more is the common recommendation.

Question 2: What type of insurance or bond is required for a notary public in West Virginia?

A $1,000 surety bond
A $1,000,000 liability insurance policy
A $500,000 liability insurance policy
A $10,000 surety bond (Correct answer)

Correct answer: A $10,000 surety bond

West Virginia law requires notaries public to obtain a $10,000 surety bond. This bond serves as a financial guarantee to protect the public from any damages or losses incurred due to the notary's misconduct, negligence, or errors in performing their official duties. It provides a source of recovery for individuals harmed by an improper notarial act.

Question 3: A signer with limited English asks the notary to translate and explain a legal document's meaning. The notary speaks the signer's language. The notary should:

Avoid explaining the document's legal effect and suggest the signer obtain a translation and legal advice independently (Correct answer)
Translate and explain since they speak the language
Summarize only the important legal points
Notarize without any communication with the signer

Correct answer: Avoid explaining the document's legal effect and suggest the signer obtain a translation and legal advice independently

Explaining a document's legal effect is legal advice even when done as translation, though the notary must still be able to communicate directly with the signer for the act itself.

Question 4: What is the primary purpose of verifying a signer's identity before performing a notarial act?

To ensure the signer is a West Virginia resident
To prevent fraud and forgery by confirming the person is who they claim to be (Correct answer)
To confirm the signer can afford the notary fee
To collect demographic data for the state

Correct answer: To prevent fraud and forgery by confirming the person is who they claim to be

Identity verification exists to deter fraud by ensuring the person executing the document is actually the person named in it.

Question 5: Which of the following best describes the legal purpose of the notarial certificate?

It transfers ownership of property
It guarantees the document's contents are true
It proves the document was written by an attorney
It is the notary's written statement of the facts of the notarial act performed (Correct answer)

Correct answer: It is the notary's written statement of the facts of the notarial act performed

The certificate documents what the notary did, such as taking an acknowledgment or administering an oath, not the truth of the document itself.

Question 6: When is a notary disqualified from performing a notarial act?

When the notarization occurs outside business hours
When the document is more than one page
When the notary has a direct financial or beneficial interest in the document being notarized (Correct answer)
When the signer is a stranger to the notary

Correct answer: When the notary has a direct financial or beneficial interest in the document being notarized

A notary must not notarize a document in which they have a direct financial or beneficial interest, as this creates a conflict of interest that undermines the impartiality of the notarial act.

Question 7: A signer asks for a receipt after paying a notarization fee. What is the notary's best course of action?

Provide a receipt showing the service and amount charged (Correct answer)
Direct the signer to request one from the county clerk
Offer a receipt only for fees over $100
Refuse, because receipts are prohibited

Correct answer: Provide a receipt showing the service and amount charged

Issuing a receipt documents the transaction and demonstrates the fee was within legal limits.

Question 8: Can a notary charge extra for notarizing documents after business hours?

Only with prior written approval from the state
Yes, additional convenience fees may be charged beyond the statutory notarization fee (Correct answer)
No, the same fee must be charged at all times
Only on weekends

Correct answer: Yes, additional convenience fees may be charged beyond the statutory notarization fee

Many states allow notaries to charge convenience or after-hours fees in addition to the statutory maximum for the notarial act itself, as these fees compensate for the notary's time and inconvenience.

Question 9: May a West Virginia notary keep an electronic journal instead of a paper one?

No, only handwritten books are ever acceptable
Yes, provided it is secure, tamper-evident, and creates a reliable chronological record (Correct answer)
Only if the county clerk personally hosts the software
Only for acts performed on weekends

Correct answer: Yes, provided it is secure, tamper-evident, and creates a reliable chronological record

An electronic journal is acceptable when it provides security, tamper evidence, and a dependable chronological record of acts.

Question 10: What information must be recorded in a West Virginia notary's journal for each notarial act?

Date, type of act, signer's name, ID type used, document type, and fees charged (Correct answer)
No journal is required
Only the signer's name and date
Only documents involving real estate

Correct answer: Date, type of act, signer's name, ID type used, document type, and fees charged

A West Virginia notary journal entry should include the date and time, type of notarial act, signer's name, identification method, type of document, notary fee, and the signer's signature.

Question 11: A West Virginia notary performs five notarizations in one day. How should the journal entries be made?

In whatever order is convenient, weeks later
Chronologically, at the time of each notarization (Correct answer)
Only for the acts the notary considers important
All at once at the end of the month

Correct answer: Chronologically, at the time of each notarization

Entries should be made contemporaneously and in chronological order so the journal is a reliable real-time record.

Question 12: A notary who is also a licensed West Virginia attorney may give legal advice to a signer because:

The attorney license, not the notary commission, authorizes legal advice (Correct answer)
All notaries may give limited legal advice
Legal advice is permitted if given for free
The notary commission includes legal advisory powers

Correct answer: The attorney license, not the notary commission, authorizes legal advice

Only a law license authorizes giving legal advice; the notary commission itself grants no such authority.

Question 13: What is 'credential analysis' as used in West Virginia remote online notarization identity verification?

Reviewing the signer's professional certifications and licenses
Verifying the signer's digital signature against a known database
Automated or human review of the signer's government-issued ID to confirm its authenticity (Correct answer)
Checking the signer's credit score and financial history

Correct answer: Automated or human review of the signer's government-issued ID to confirm its authenticity

Credential analysis involves examining the signer's government-issued photo ID using automated technology or human review to verify that the ID is genuine and belongs to the signer.

Question 14: What is the primary method for a notary public to verify the identity of a signer?

Asking the signer to provide a utility bill
Verifying the signer's identity through a government-issued photo ID (Correct answer)
Confirming the signer's identity through a personal reference
Checking the signer's credit score

Correct answer: Verifying the signer's identity through a government-issued photo ID

The primary and most reliable method for a notary public to verify the identity of a signer is by examining a current, government-issued photo identification document. Examples include a driver's license, state ID card, or passport. This method provides objective proof of identity, including a photograph and signature for comparison.

Question 15: A signer presents a gym membership card with a photo and signature. Why is this NOT satisfactory evidence of identity in West Virginia?

Membership cards are only valid for witnesses
It has no expiration date
It is not issued by a government agency (Correct answer)
It lacks a barcode

Correct answer: It is not issued by a government agency

Satisfactory evidence requires a government-issued identification credential, which a private gym card is not.

Question 16: Which West Virginia statute provides the primary legal framework for remote online notarization in the state?

WV Code §46A (Consumer Credit and Protection)
WV Code §30-3 (Professional Licensing)
WV Code §39-1 (Traditional Notary Act)
WV Code §39-4A (Revised Uniform Law on Notarial Acts – Electronic provisions) (Correct answer)

Correct answer: WV Code §39-4A (Revised Uniform Law on Notarial Acts – Electronic provisions)

WV Code §39-4A, enacted as part of the Revised Uniform Law on Notarial Acts, establishes the rules for electronic and remote online notarizations in West Virginia.

Question 17: Can a West Virginia notary perform a remote online notarization for a signer who is physically located outside the United States?

No, WV RON law strictly limits signers to those located within the United States
Yes, if the notary reasonably determines that performing the act is not prohibited by the foreign country's laws (Correct answer)
Yes, without restriction, as RON has no geographic limits on signer location
No, because the document would not be valid in a foreign country

Correct answer: Yes, if the notary reasonably determines that performing the act is not prohibited by the foreign country's laws

WV law permits RON for signers outside the U.S., provided the notary has no reason to believe the act is prohibited under the laws of the country where the signer is located.

Question 18: When administering a verification on oath or affirmation (jurat) in West Virginia, the signer must do what?

Sign in the notary's presence and swear or affirm the contents are true (Correct answer)
Simply confirm the signature is theirs
Mail the signed document to the notary
Provide two credible witnesses in every case

Correct answer: Sign in the notary's presence and swear or affirm the contents are true

A jurat requires the signer to sign before the notary and swear or affirm to the truthfulness of the document's contents.

Question 19: What journal entry information must a West Virginia notary record for each remote online notarization performed?

Only the signer's name and the date of the notarization
The signer's full social security number and date of birth
A screenshot of the audio-video session is sufficient in place of a written journal entry
The date, type of notarial act, document description, signer's name, identity verification method used, and fee charged (Correct answer)

Correct answer: The date, type of notarial act, document description, signer's name, identity verification method used, and fee charged

WV notaries must record comprehensive information for each RON entry, including the notarial act type, document, signer identity, verification method, and fee, providing a full audit trail.

Question 20: Which item must appear on or near a West Virginia notarial certificate in addition to the notary's signature and stamp?

The notary's bond amount
The date the notary's commission expires (Correct answer)
The signer's phone number
The notary's social security number

Correct answer: The date the notary's commission expires

The commission expiration date must be shown, typically within the official stamp or written near the signature.

Question 21: A notary charges $20 for a single in-person acknowledgment in West Virginia. What is the most accurate description of this act?

Legal, if the signer does not object
Legal, because notaries set their own rates
An overcharge that violates the fee rules and can lead to disciplinary action (Correct answer)
Legal, if the document is more than five pages

Correct answer: An overcharge that violates the fee rules and can lead to disciplinary action

Charging above the authorized maximum is a violation that can result in commission discipline.

Question 22: What technology must a West Virginia notary use to perform a remote online notarization (RON)?

Standard telephone audio only
Pre-recorded video submitted by the signer
Audio-video communication technology that allows real-time interaction (Correct answer)
Encrypted email with attached identity documents

Correct answer: Audio-video communication technology that allows real-time interaction

West Virginia law requires real-time audio-video communication technology so the notary and signer can interact simultaneously during a RON.

Question 23: If a West Virginia notary is disqualified from a notarization, what is the proper way to assist the signer?

Refer the signer to another commissioned notary with no interest in the transaction (Correct answer)
Ask the signer to self-certify the document
Sign the certificate using her maiden name
Notarize it and let a court sort out validity later

Correct answer: Refer the signer to another commissioned notary with no interest in the transaction

The correct remedy is referral to a disinterested notary, never a workaround that disguises the conflict.

Question 24: A signer asks a West Virginia notary why the notary is writing details in a journal. What is the best explanation?

The journal creates evidence that the notarization was performed properly, protecting both the signer and the notary (Correct answer)
The journal is sold to marketing companies
The journal is required by the signer's bank
The journal replaces the notarial certificate on the document

Correct answer: The journal creates evidence that the notarization was performed properly, protecting both the signer and the notary

A journal serves as contemporaneous evidence of a properly performed notarization, which protects both parties if the act is later challenged.

Question 25: A West Virginia notary employed by a bank notarizes customer documents during work hours. Who may keep the fees, if any are collected?

Always the notary personally, regardless of any agreement
Whatever the notary and employer have agreed to in their employment arrangement (Correct answer)
Always the State of West Virginia
Always the county where the bank is located

Correct answer: Whatever the notary and employer have agreed to in their employment arrangement

Fee ownership for workplace notarizations is governed by the agreement between the notary and the employer.

West Virginia Notary Public Knowledge Assessment

Tests knowledge of West Virginia notary laws, notarial acts, remote online notarization, journal requirements, fees, and prohibited conduct as outlined in W. Va. Code § 39-4-1 et seq. and the WV Secretary of State Notary Handbook.

Questions

30 min

Time Limit

70%

To Pass

Checking for saved progress...

Exam Rules

You can skip questions and return to them later
Flag questions for review before submitting
No feedback shown until you submit the entire exam
Unanswered questions count as wrong — answer everything
10 pretest questions are mixed in and don't affect your score
Timer auto-submits when time runs out
Your progress is auto-saved every 30 seconds