WV Notary Legal and Ethical Responsibilities 2 — Questions and Answers
Question 1: A West Virginia notary is asked to notarize a document for their spouse's business sale in which the notary will receive part of the proceeds. What should the notary do?
- Decline because the notary has a direct financial interest in the transaction (Correct answer)
- Proceed but charge no fee
- Proceed and note the relationship in the journal
- Proceed only if another witness is present
Correct answer: Decline because the notary has a direct financial interest in the transaction
West Virginia law prohibits a notary from performing a notarial act on a transaction in which the notary has a direct beneficial or financial interest.
Question 2: Under West Virginia law, what is the maximum fee a notary public may charge for a single notarial act?
- $10
- $5 (Correct answer)
- $2
- There is no limit
Correct answer: $5
West Virginia caps the fee for a notarial act at $5, and any travel fee must be agreed to in advance.
Question 3: A signer presents a document with several blank spaces and asks a WV notary to notarize it anyway. The notary should:
- Notarize it since blanks are the signer's responsibility
- Fill in the blanks for the signer
- Refuse until the blanks are completed or lined through (Correct answer)
- Notarize but note the blanks in the certificate
Correct answer: Refuse until the blanks are completed or lined through
Notarizing an incomplete document invites fraud, so the notary should require blanks to be filled in or marked through before proceeding.
Question 4: A non-attorney West Virginia notary who advertises notarial services in Spanish must include a statement that they:
- Are certified by the Secretary of State as a translator
- Are not licensed to practice law and may not give legal advice (Correct answer)
- Charge double fees for foreign-language documents
- Can prepare immigration paperwork
Correct answer: Are not licensed to practice law and may not give legal advice
Non-attorney notaries advertising in a language other than English must disclose that they are not attorneys and cannot give legal advice or accept fees for it.
Question 5: Which of the following actions would constitute the unauthorized practice of law by a WV notary?
- Completing a notarial certificate
- Advising a signer which type of deed best protects their interests (Correct answer)
- Asking the signer to state the type of notarization needed
- Refusing to notarize a suspicious document
Correct answer: Advising a signer which type of deed best protects their interests
Recommending or selecting legal documents for a signer is legal advice, which non-attorney notaries may not provide.
Question 6: A WV notary's employer demands they notarize a signature the notary did not witness and whose signer never appeared. The notary should:
- Comply because the employer directs their work
- Comply if the employer signs a waiver
- Refuse, because personal appearance is required regardless of employer pressure (Correct answer)
- Comply but keep a private record of the objection
Correct answer: Refuse, because personal appearance is required regardless of employer pressure
Personal appearance is a legal requirement that an employer cannot waive, and complying would expose the notary to civil and criminal liability.
Question 7: If a West Virginia notary knowingly notarizes a forged signature, what consequences may follow?
- Only a written warning from the Secretary of State
- Commission revocation plus possible civil and criminal liability (Correct answer)
- A mandatory retraining course only
- Nothing, if the document is later voided
Correct answer: Commission revocation plus possible civil and criminal liability
Knowingly performing a fraudulent notarization can lead to revocation of the commission as well as civil damages and criminal prosecution.
WV Notary Legal and Ethical Responsibilities 2
A West Virginia notary is asked to notarize a document for their spouse's business sale in which the notary will receive part of the proceeds.
What should the notary do?