WV Notary Acknowledgments and Jurats 3 — Questions and Answers
Question 1: In West Virginia, which statement about the oath administered for a jurat is correct?
- It may be implied by the signer's signature alone
- It is optional if the notary knows the signer personally
- It must be administered orally with the signer responding affirmatively (Correct answer)
- It can be completed by email after the signing
Correct answer: It must be administered orally with the signer responding affirmatively
A jurat requires the notary to actually administer a verbal oath or affirmation and receive the signer's spoken assent.
Question 2: An acknowledgment certificate is preprinted with a county different from where the signer appears before the notary. What should the notary do?
- Correct the venue to show the county where the act actually occurs (Correct answer)
- Refuse to notarize the document entirely
- Leave it, since venue is only a formality
- Add a second certificate with the correct county
Correct answer: Correct the venue to show the county where the act actually occurs
The notary should line through and correct the venue so the certificate truthfully reflects where the notarization took place.
Question 3: A person signing as attorney-in-fact under a power of attorney needs an acknowledgment. What form of certificate is appropriate?
- A jurat naming the principal as the signer
- No notarization is possible for representative signers
- A representative capacity acknowledgment stating they signed as attorney-in-fact for the principal (Correct answer)
- A standard individual acknowledgment naming only the principal
Correct answer: A representative capacity acknowledgment stating they signed as attorney-in-fact for the principal
West Virginia's RULONA-based law provides acknowledgment wording for individuals signing in a representative capacity, which must identify that capacity.
Question 4: While completing a jurat, the notary realizes the signer never actually signed the affidavit. What is the correct step?
- Convert the certificate to an acknowledgment
- Complete the jurat anyway since the signer is present
- Send the signer away to sign and return the document by mail
- Have the signer sign in the notary's presence after administering the oath (Correct answer)
Correct answer: Have the signer sign in the notary's presence after administering the oath
A jurat requires the signature to be made in the notary's presence, so the signer must sign before the certificate is completed.
Question 5: Which of the following is a required element of every West Virginia notarial certificate, whether acknowledgment or jurat?
- The document's recording number
- The signer's date of birth
- The signer's home address
- The date the notarial act was performed (Correct answer)
Correct answer: The date the notarial act was performed
Every certificate must include the date of the notarial act, along with venue, the notary's signature, title, and commission information.
Question 6: A signer appears by video call from another state and asks a WV notary without remote authorization to take an acknowledgment. The notary should:
- Take the acknowledgment but note 'via video' in the certificate
- Proceed, since video counts as personal appearance for acknowledgments
- Decline, because personal physical appearance is required unless the notary is authorized for remote notarization (Correct answer)
- Proceed if the signer emails a copy of their ID
Correct answer: Decline, because personal physical appearance is required unless the notary is authorized for remote notarization
Unless the notary has complied with West Virginia's remote online notarization requirements, the signer must be physically present.
Question 7: The primary legal purpose of an acknowledgment on a deed is to:
- Prove the signer owns the property
- Confirm the deed was drafted by an attorney
- Guarantee the deed's contents are accurate
- Verify the signature is genuine and voluntarily made so the deed can be recorded (Correct answer)
Correct answer: Verify the signature is genuine and voluntarily made so the deed can be recorded
An acknowledgment authenticates the signature as willingly made, which is what county clerks require before recording deeds.
WV Notary Acknowledgments and Jurats 3
In West Virginia, which statement about the oath administered for a jurat is correct?