WV Notary State-Specific Laws and Regulations 3 — Questions and Answers
Question 1: A West Virginia notary is asked to notarize a deed for her spouse. Under state law, what should she do?
- Decline, because a notary may not notarize a document in which the notary or spouse has a direct beneficial interest (Correct answer)
- Proceed, since spouses are exempt from conflict rules
- Proceed, but charge no fee
- Proceed if another witness is present
Correct answer: Decline, because a notary may not notarize a document in which the notary or spouse has a direct beneficial interest
West Virginia prohibits notarizing when the notary or the notary's spouse is a party to or has a direct beneficial interest in the transaction.
Question 2: Under West Virginia's Revised Uniform Law on Notarial Acts, what must a notary do if the signer does not personally appear before them?
- Refuse to perform the notarial act (Correct answer)
- Notarize if the signer sends a photo of their ID
- Notarize if a coworker vouches for the signer
- Notarize and note the absence in the certificate
Correct answer: Refuse to perform the notarial act
Personal appearance before the notary is mandatory for every notarial act in West Virginia.
Question 3: In West Virginia, which of the following is acceptable satisfactory evidence of a signer's identity?
- An unexpired passport or driver's license, or the oath of a credible witness personally known to the notary (Correct answer)
- A business card with the signer's name
- A utility bill in the signer's name
- A social media profile
Correct answer: An unexpired passport or driver's license, or the oath of a credible witness personally known to the notary
West Virginia accepts current government-issued ID or verification by a credible witness as satisfactory evidence of identity.
Question 4: A signer presents a document with blank spaces and asks a West Virginia notary to notarize it. What is the proper action?
- Refuse until the blanks are completed or lined through (Correct answer)
- Notarize and let the signer fill in blanks later
- Fill in the blanks for the signer
- Notarize but write 'incomplete' in the margin
Correct answer: Refuse until the blanks are completed or lined through
A notary should not notarize an incomplete document because blanks could be filled in fraudulently after notarization.
Question 5: Under West Virginia law, what should a notary do if she believes a signer is being coerced into signing?
- Refuse to perform the notarization (Correct answer)
- Perform the notarization but report it afterward
- Perform it if the document is otherwise complete
- Ask the coercing party to leave, then proceed regardless
Correct answer: Refuse to perform the notarization
A West Virginia notary must refuse to act if the signer does not appear to be signing knowingly and voluntarily.
Question 6: Which notarial act involves the signer declaring that they have willingly signed a document for its stated purpose?
- An acknowledgment (Correct answer)
- A jurat
- A copy certification
- A protest
Correct answer: An acknowledgment
In an acknowledgment, the signer declares to the notary that the signature was made voluntarily for the purposes stated in the document.
Question 7: When administering a verification on oath or affirmation (jurat) in West Virginia, the signer must do what?
- Sign in the notary's presence and swear or affirm the contents are true (Correct answer)
- Simply confirm the signature is theirs
- Mail the signed document to the notary
- Provide two credible witnesses in every case
Correct answer: Sign in the notary's presence and swear or affirm the contents are true
A jurat requires the signer to sign before the notary and swear or affirm to the truthfulness of the document's contents.
WV Notary State-Specific Laws and Regulations 3
A West Virginia notary is asked to notarize a deed for her spouse.
Under state law, what should she do?