WV Notary Legal and Ethical Responsibilities 3 — Questions and Answers
Question 1: A WV notary is asked to certify that a photocopy of a birth certificate is a 'true copy.' The notary should:
- Certify the copy since notaries can copy-certify anything
- Refuse, because vital records copies must be certified by the issuing agency (Correct answer)
- Certify it only if the original is present
- Certify it and charge a reduced fee
Correct answer: Refuse, because vital records copies must be certified by the issuing agency
Publicly recorded documents such as birth certificates must be certified by the official custodian, not by a notary.
Question 2: During a notarization, the signer appears heavily sedated and cannot answer basic questions about the document. The WV notary should:
- Proceed if a family member vouches for the signer
- Proceed because judging capacity is a court's job
- Decline the notarization because the signer lacks apparent awareness (Correct answer)
- Have the signer initial each page instead of signing
Correct answer: Decline the notarization because the signer lacks apparent awareness
A notary must be satisfied the signer is acting knowingly and willingly, and apparent incapacity is grounds to refuse.
Question 3: A West Virginia notary discovers their journal and stamp were stolen from their car. Their ethical and legal obligation is to:
- Order a new stamp and continue working
- Promptly notify the Secretary of State of the loss or theft (Correct answer)
- Wait 90 days to see if the items are returned
- Notify only their employer
Correct answer: Promptly notify the Secretary of State of the loss or theft
A lost or stolen stamp or journal must be reported promptly to the Secretary of State to guard against fraudulent use.
Question 4: Which situation is a permissible notarization for a West Virginia notary?
- Notarizing a document in which the notary is named as a party
- Notarizing for a stranger with valid ID who appears in person at the notary's office (Correct answer)
- Notarizing the notary's own signature on an affidavit
- Notarizing a signature faxed in by a longtime client
Correct answer: Notarizing for a stranger with valid ID who appears in person at the notary's office
A disinterested notary may notarize for any signer who personally appears and is properly identified.
Question 5: A title company offers a WV notary a bonus for every closing where the notary skips ID verification for 'trusted repeat clients.' Accepting this arrangement would be:
- Acceptable because the clients are known to the company
- Acceptable if disclosed in the journal
- A violation, because identity must be verified for every notarial act (Correct answer)
- Acceptable if the bonus is under $5
Correct answer: A violation, because identity must be verified for every notarial act
Identity verification through personal knowledge or satisfactory evidence is mandatory for every act and cannot be traded away for compensation.
Question 6: A WV notary is asked to backdate a notarial certificate by two days so a contract meets a deadline. Doing so would be:
- Permitted if both parties consent in writing
- Permitted for deadlines outside the notary's control
- A false certificate, exposing the notary to penalties (Correct answer)
- Permitted if noted in the journal
Correct answer: A false certificate, exposing the notary to penalties
A notarial certificate must state the actual date of the act, and backdating is a fraudulent false certificate.
Question 7: Who is legally responsible for the accuracy and lawfulness of a notarial act performed by a commissioned WV notary employed by a bank?
- The bank only
- The notary personally, even when acting for an employer (Correct answer)
- The Secretary of State
- The document signer
Correct answer: The notary personally, even when acting for an employer
A notary is personally liable for their official misconduct even when the act was performed in the course of employment.
WV Notary Legal and Ethical Responsibilities 3
A WV notary is asked to certify that a photocopy of a birth certificate is a 'true copy.' The notary should: