Mixed Deck — All WV NOTARY Topics Flashcards

How long is a West Virginia notary public commission valid, which determines the expiration date shown with the stamp?

Answer: Five years

West Virginia notary commissions are issued for a five-year term, and the expiration date must be shown on the stamp.

During a remote online notarization in West Virginia, what must the electronic notarial certificate indicate?

Answer: That the notarial act was performed using audio-video communication technology

The electronic notarial certificate for a RON must state that the notarial act was performed by means of audio-video communication technology, distinguishing it from an in-person notarization.

During a notarization, the notary realizes the signer appears confused and cannot explain what the document is. The notary should:

Answer: Decline to notarize because the signer does not appear to understand the transaction

A notary must refuse when the signer does not appear competent or aware of what they are signing.

Which notarial act involves the signer declaring that they have willingly signed a document for its stated purpose?

Answer: An acknowledgment

In an acknowledgment, the signer declares to the notary that the signature was made voluntarily for the purposes stated in the document.

During a remote online notarization in West Virginia, identity is typically verified using:

Answer: Credential analysis and identity proofing through the audio-visual technology

Remote notarization rules require identity proofing and credential analysis when the signer is not personally known or identified by a credible witness.

Under West Virginia law, which state official is responsible for commissioning notaries public?

Answer: The Secretary of State

West Virginia Code §39-4-21 gives the Secretary of State authority to commission notaries public.

Which of the following would disqualify an applicant from receiving a West Virginia notary commission?

Answer: A felony conviction involving dishonesty that has not been addressed

West Virginia may deny a commission to applicants convicted of a felony or a crime involving fraud, dishonesty, or deceit.

A title company employs a West Virginia notary who notarizes closing documents for the company's customers. Which fact, if true, would disqualify her from a particular closing?

Answer: She is the seller of the property being closed

Being the seller makes her a party to the record, which is a statutory disqualification, while ordinary wages and employer fees are not.

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

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.

Why should a notary identify the document title, date, and number of pages on an attached loose certificate?

Answer: To prevent the certificate from being fraudulently moved to a different document

Describing the underlying document on a loose certificate deters someone from detaching it and reattaching it to another record.

Which identity verification method used in RON requires the signer to answer questions drawn from public and private data about their personal history?

Answer: Knowledge-based authentication (KBA)

Knowledge-based authentication (KBA) requires the signer to correctly answer multiple questions about their personal history, such as past addresses or loan details, to verify identity.

When performing a jurat, what must the notary witness?

Answer: The signer signing the document and taking an oath or affirmation

For a jurat, the notary must personally witness the signing of the document and administer an oath or affirmation regarding the truthfulness of the document's contents.

A notary's adult son asks her to notarize his apartment lease, in which she has no financial stake. Under West Virginia law, this is best described as what?

Answer: Legally permitted, though many experts advise against notarizing for close family

Only the notary's or spouse's party status or direct beneficial interest triggers statutory disqualification, though notarizing for close relatives is discouraged as a best practice.

Which of the following should a notary record about how a signer was identified?

Answer: The type of identification presented, such as a driver's license, without copying sensitive numbers in full

Noting the method or type of identification documents how identity was verified without exposing sensitive data.

A court subpoenas information about a notarization performed four years ago. Which outcome shows the value of a journal?

Answer: The notary can produce a contemporaneous entry showing the date, signer, identification method, and act performed

A journal entry made at the time of the act gives the notary reliable, credible evidence years later.

Which fee-related detail is appropriate to include in a journal entry?

Answer: The amount of the notarial fee charged, or a note that no fee was charged

Recording the fee charged, or that none was charged, documents compliance with fee limits.

Before performing remote online notarizations, a West Virginia notary must first do what?

Answer: Notify the Secretary of State and identify the approved technology to be used

A notary must notify the Secretary of State of intent to perform remote notarizations and identify the communication technology before performing them.

A signer asks the notary to notarize a self-written will and to advise whether it will hold up in court. The notary should:

Answer: Perform the requested notarial act if lawful but refuse to give any legal advice about the will's validity

A non-attorney notary may perform the notarial act but giving advice on a document's legal effect would be the unauthorized practice of law.

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.

If a signer does not have a government-issued photo ID, what is an acceptable alternative for verification?

Answer: Two credible witnesses who can vouch for the signer's identity

If a signer does not have a government-issued photo ID, many states, including West Virginia, allow for identity verification through one or two credible identifying witnesses. These witnesses must personally know the signer, be known to the notary (or provide proper identification themselves), and swear or affirm to the signer's identity under penalty of perjury.