WV Notary State-Specific Laws and Regulations 5

Question 1

What action may the West Virginia Secretary of State take against a notary who fails to comply with notary law?

Accepted Answer

Deny, refuse to renew, revoke, suspend, or condition the commission

Answer

Only issue a verbal warning

Answer

Impose imprisonment directly

Answer

Transfer the commission to another person

Question 2

A West Virginia notary knowingly notarizes a forged signature. Beyond losing the commission, what else may result?

Accepted Answer

Civil liability and possible criminal prosecution

Answer

Nothing further, since revocation is the only remedy

Answer

Only a requirement to retake the notary course

Answer

Automatic transfer to a probationary commission

Question 3

Under West Virginia law, when does a notarial act performed with an expired commission remain an issue?

Accepted Answer

The notary lacked authority, so the act is improper and the notary may face sanctions

Answer

The act is automatically valid if performed within 30 days of expiration

Answer

The act is valid if the fee was waived

Answer

There is no issue as long as the stamp was legible

Question 4

A West Virginia notary is asked to certify a copy of a birth certificate. What should the notary do?

Accepted Answer

Refuse, because copies of vital records must be certified by the official custodian

Answer

Certify the copy for the standard fee

Answer

Certify it only if the original is presented

Answer

Certify it and note 'vital record' on the certificate

Question 5

Which statement about a notary journal is accurate for West Virginia?

Accepted Answer

A journal is not required for traditional notarizations but is strongly recommended as a best practice

Answer

A bound paper journal is mandatory for every act

Answer

Journals are illegal in West Virginia

Answer

Only attorneys who are notaries must keep journals

Question 6

When a West Virginia notary resigns her commission, what should be done with the official stamp?

Accepted Answer

Disable or destroy it so it cannot be misused

Answer

Mail it to the county courthouse for reuse

Answer

Give it to her employer

Answer

Sell it to the incoming notary

Question 7

A West Virginia employer paid for its employee's notary commission and stamp. When the employee quits, who does the commission belong to?

Accepted Answer

The notary personally, because a commission belongs to the individual, not the employer

Answer

The employer, because it paid the fees

Answer

The Secretary of State, who reassigns it

Answer

It is split between employer and employee