WV Notary Notary Seal and Certificate Requirements 2 — Questions and Answers
Question 1: Under West Virginia law, which element is NOT required to appear on a notary's official stamp?
- The notary's home address (Correct answer)
- The notary's name
- The words 'Notary Public'
- The commission expiration date
Correct answer: The notary's home address
The official stamp must show the notary's name, title, state, and commission expiration date, but never a home address.
Question 2: A West Virginia notary uses only a metal embosser that leaves a raised impression with no ink. Why is this a problem?
- The impression may not be capable of being photocopied or reproduced (Correct answer)
- Embossers are illegal in West Virginia
- Embossers expire after one year
- Raised impressions are only valid for wills
Correct answer: The impression may not be capable of being photocopied or reproduced
West Virginia requires the official stamp to be capable of being copied together with the record, which an inkless embossed impression alone may not satisfy.
Question 3: Where should a West Virginia notary place the official stamp on a notarial certificate?
- Near the notary's signature without covering signatures or text (Correct answer)
- Over the signer's signature to link them together
- On the back of the document only
- Anywhere, including over printed text
Correct answer: Near the notary's signature without covering signatures or text
The stamp should appear near the notary's signature in the certificate area and must not obscure signatures or document text.
Question 4: A notarial certificate in West Virginia must identify the venue. What does 'venue' mean?
- The state and county where the notarization was performed (Correct answer)
- The building where the notary works
- The signer's place of residence
- The location where the document will be filed
Correct answer: The state and county where the notarization was performed
Venue is the state and county where the notarial act actually took place, stated at the top of the certificate.
Question 5: When must a West Virginia notary complete the notarial certificate?
- Contemporaneously with the performance of the notarial act (Correct answer)
- Within 30 days of the act
- Before meeting the signer to save time
- Whenever the signer returns to pick up the document
Correct answer: Contemporaneously with the performance of the notarial act
The certificate must be executed at the same time the notarial act is performed, never before or long after.
Question 6: A client hands a West Virginia notary a document with no notarial certificate and says 'just stamp it.' What should the notary do?
- Ask the signer or document custodian which type of certificate is required and attach the proper wording (Correct answer)
- Stamp and sign the document without any certificate
- Choose a certificate at random
- Refuse all documents lacking certificates permanently
Correct answer: Ask the signer or document custodian which type of certificate is required and attach the proper wording
A stamp alone is not a notarization; the notary must have the signer or issuing agency identify the required certificate type since the notary cannot practice law by choosing it.
Question 7: Which statement about the notary's signature on a West Virginia certificate is correct?
- The notary must sign exactly as the name appears on the commission (Correct answer)
- Any nickname or initials are acceptable
- A rubber signature stamp used by anyone in the office is fine
- The signature is optional if the stamp is clear
Correct answer: The notary must sign exactly as the name appears on the commission
The notary must sign the certificate personally using the name under which the commission was issued.
WV Notary Notary Seal and Certificate Requirements 2
Under West Virginia law, which element is NOT required to appear on a notary's official stamp?