WV Notary Notary Seal and Certificate Requirements 3 — Questions and Answers
Question 1: In West Virginia, who is responsible for the security of the official notary stamp?
- The notary personally, who must keep it from unauthorized use (Correct answer)
- The notary's employer
- The Secretary of State's office
- The company that manufactured the stamp
Correct answer: The notary personally, who must keep it from unauthorized use
The notary is personally responsible for safeguarding the stamp so no other person can use it.
Question 2: A West Virginia notary's official stamp is stolen from her car. What should she do?
- Promptly notify the Secretary of State that the stamp was lost or stolen (Correct answer)
- Keep quiet and order a duplicate
- Wait to see if any fraud occurs first
- Report it only to her employer
Correct answer: Promptly notify the Secretary of State that the stamp was lost or stolen
A notary who discovers the stamp is lost or stolen should promptly notify the commissioning authority, the Secretary of State.
Question 3: A West Virginia notary resigns her commission. What should happen to her official stamp?
- It should be destroyed or disabled so it cannot be misused (Correct answer)
- It should be mailed to the county clerk for reuse
- It can be given to a coworker who is also a notary
- It must be kept intact for 10 years
Correct answer: It should be destroyed or disabled so it cannot be misused
On resignation or expiration of a commission, the stamp should be destroyed or rendered unusable to prevent fraudulent use.
Question 4: An employer purchased the notary stamp for an employee who is now leaving the company. Who has the right to the stamp?
- The notary, because the stamp belongs to the commissioned individual (Correct answer)
- The employer, because it paid for the stamp
- The Secretary of State reclaims all stamps
- Whoever is hired as the replacement
Correct answer: The notary, because the stamp belongs to the commissioned individual
The official stamp is the property of the notary as the commissioned officer, regardless of who paid for it.
Question 5: A certificate reads 'State of West Virginia, County of Kanawha,' but the notarization actually occurred in Putnam County. What should the notary do?
- Correct the venue to show Putnam County before completing the certificate (Correct answer)
- Leave it since both counties are in West Virginia
- Sign it and let the recorder fix it later
- Add both counties to be safe
Correct answer: Correct the venue to show Putnam County before completing the certificate
The venue must accurately reflect the county where the notarial act was actually performed.
Question 6: A signer asks a West Virginia notary to backdate a certificate three days so it matches a contract date. The notary should:
- Refuse, because the certificate must show the actual date of the notarization (Correct answer)
- Agree if the difference is under a week
- Backdate it but note the real date in pencil
- Leave the date blank for the signer to fill in
Correct answer: Refuse, because the certificate must show the actual date of the notarization
Falsifying the date on a notarial certificate is misconduct and can subject the notary to penalties and commission revocation.
Question 7: Which item must appear on or near a West Virginia notarial certificate in addition to the notary's signature and stamp?
- The date the notary's commission expires (Correct answer)
- The notary's social security number
- The signer's phone number
- The notary's bond amount
Correct answer: The date the notary's commission expires
The commission expiration date must be shown, typically within the official stamp or written near the signature.
WV Notary Notary Seal and Certificate Requirements 3
In West Virginia, who is responsible for the security of the official notary stamp?