Acts, 1996 Reg. Sess., Ch. 89.
Repealed.
Acts, 1984 Reg. Sess., Ch. 136.
Repealed.
Acts, 1984 Reg. Sess., Ch. 136.
Repealed.
Acts, 1984 Reg. Sess., Ch. 136.
When any oath may lawfully be administered, or affidavit or deposition taken, within any county, it may be done by a notary thereof, unless otherwise expressly provided by law.
A notary, under the regulations prescribed by law, may take, within his county, and the county or counties to which his commission has been extended, acknowledgments of deeds and other writings. He shall be a conservator of the peace within the county of his residence, and as such conservator shall exercise all the powers conferred by law upon justices of the peace.
The certificate of a notary of this state, in cases specified in the two preceding sections, may be under his signature, without his notarial seal being affixed thereto: Provided, That a notary public who affixes his seal to any instrument or other writings shall affix his seal for the county in which the acknowledgment is taken and the certificate is made.
Notaries shall have authority to demand acceptance of foreign and inland bills of exchange, including checks, and to demand payment thereof, and of negotiable promissory notes, and protest the same for nonacceptance or nonpayment, as the case may require; and perform such other duties as by the law of nations or commercial usage may be performed by notaries public.
It shall be lawful for any notary who is a stockholder, director, officer or employee of a banking institution, including national banking associations, or other corporation, to take the acknowledgment of any party to any written instrument executed to or by such corporation, or to administer an oath to any other stockholder, director, officer, employee or agent of such corporation, or to protest, for nonacceptance or nonpayment, bills of exchange, drafts, checks, notes and other negotiable instruments which may be owned or held for collection by such corporation: Provided, That it shall be unlawful for any notary public to take the acknowledgment of an instrument by or to a banking institution, including national banking associations, or other corporation, of which he is a stockholder, director, officer, or employee, when such notary is a party to such instrument, either personally or as a representative of such corporation; or to protest any negotiable instrument owned or held for collection by such corporation, when such notary is personally a party to such instrument.
The official signature of any notary shall state the date of expiration of his commission, but a misstatement of such date shall not invalidate any official act of such notary, if his commission be at the time thereof in force.
Repealed.
Acts, 1984 Reg. Sess., Ch. 136.
Repealed.
Acts, 1984 Reg. Sess., Ch. 136.
Repealed.
Acts, 1984 Reg. Sess., Ch. 136.
When any oath may lawfully be administered, or affidavit or deposition taken, within the state, territory or district for which any such commissioner is appointed, to be used in this state, it may be done by such commissioner.
Such commissioners, under regulations prescribed by law, may take, within or any place out of the state of West Virginia, the acknowledgments of deeds and other writings to be admitted to record in the state of West Virginia, but each such acknowledgment shall reflect where the acknowledgment was taken, as, for example, the state and county, the territory, etc.
Every certificate of such commissioner shall be authenticated by his signature and official seal.
Note: WV Code updated with legislation passed through the 2012 1st Special Session
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