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Conflicts of Interest and Disqualification Flashcards

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  1. Under West Virginia law, a notary public is disqualified from performing a notarial act if the notary or the notary's spouse is what?

    Answer: A party to the record or has a direct beneficial interest in it

    West Virginia Code prohibits a notary from notarizing when the notary or the notary's spouse is a party to or has a direct beneficial interest in the transaction.

  2. A West Virginia notary is asked to notarize a deed transferring property to herself. What must she do?

    Answer: Refuse to perform the notarization

    A notary may never notarize a document in which she is a named party or beneficiary, so she must refuse.

  3. What is the legal effect of a notarial act performed by a West Virginia notary who was disqualified due to a conflict of interest?

    Answer: The notarial act is voidable

    Under the Revised Uniform Law on Notarial Acts as adopted in West Virginia, an act performed by a disqualified notary is voidable.

  4. A notary's husband is selling his truck and needs the bill of sale notarized. May the West Virginia notary notarize her husband's signature?

    Answer: No, because her spouse is a party to the transaction

    West Virginia disqualifies a notary when the notary's spouse is a party to the record being notarized.

  5. Which of the following situations does NOT disqualify a West Virginia notary from performing a notarial act?

    Answer: The signer is the notary's next-door neighbor

    Mere social acquaintance, such as being a neighbor, creates no disqualifying interest under West Virginia law.

  6. A West Virginia notary works as a paralegal and is asked to notarize documents her law firm prepared for a client. She receives only her normal salary. May she notarize?

    Answer: Yes, because a regular salary is not a direct beneficial interest in the transaction

    Ordinary employment compensation is not a direct beneficial interest, so an employee notary may notarize documents for the employer's clients.

  7. Why does West Virginia law disqualify interested notaries from performing notarial acts?

    Answer: To preserve the notary's impartiality as a neutral witness

    The notary's core function is impartial witnessing, which is compromised when the notary stands to benefit.