WV Notary State-Specific Laws and Regulations 2 — Questions and Answers
Question 1: Under West Virginia law, which state official is responsible for commissioning notaries public?
- The Secretary of State (Correct answer)
- The Governor
- The Attorney General
- The county clerk
Correct answer: The Secretary of State
West Virginia Code §39-4-21 gives the Secretary of State authority to commission notaries public.
Question 2: How long is the term of a notary public commission in West Virginia?
- 5 years (Correct answer)
- 4 years
- 10 years
- It does not expire
Correct answer: 5 years
A West Virginia notary commission is issued for a term of five years.
Question 3: What is the minimum age requirement to become a notary public in West Virginia?
- 18 years old (Correct answer)
- 21 years old
- 16 years old
- 25 years old
Correct answer: 18 years old
West Virginia requires notary applicants to be at least 18 years of age.
Question 4: Which of the following would disqualify an applicant from receiving a West Virginia notary commission?
- A felony conviction involving dishonesty that has not been addressed (Correct answer)
- Being self-employed
- Living in a rural county
- Having a commission in another state
Correct answer: A felony conviction involving dishonesty that has not been addressed
West Virginia may deny a commission to applicants convicted of a felony or a crime involving fraud, dishonesty, or deceit.
Question 5: A West Virginia notary charges $12 to take an acknowledgment. Is this permissible?
- No, because the maximum fee per notarial act is $10 (Correct answer)
- Yes, notaries may set any fee
- Yes, if the customer agrees in writing
- No, because notaries may never charge fees
Correct answer: No, because the maximum fee per notarial act is $10
West Virginia caps the fee for a notarial act at $10, so $12 exceeds the legal maximum.
Question 6: Under West Virginia law, a notary's official stamp must include which of the following?
- The notary's name, the words 'Notary Public' and 'State of West Virginia', and the commission expiration date (Correct answer)
- Only the notary's signature
- The notary's home address and phone number
- The county seal and the notary's birth date
Correct answer: The notary's name, the words 'Notary Public' and 'State of West Virginia', and the commission expiration date
The official stamp must show the notary's name, title, jurisdiction, and commission expiration date as required by state law.
Question 7: May a nonresident of West Virginia obtain a West Virginia notary commission?
- Yes, if they are employed or carry on a trade, business, or practice in West Virginia (Correct answer)
- No, only state residents may be commissioned
- Yes, with no conditions at all
- Only if they live in a bordering county of another state and pay double fees
Correct answer: Yes, if they are employed or carry on a trade, business, or practice in West Virginia
West Virginia allows nonresidents who have a place of employment or practice in the state to be commissioned as notaries.
WV Notary State-Specific Laws and Regulations 2
Under West Virginia law, which state official is responsible for commissioning notaries public?