Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home
WEST VIRGINIA CODE
‹ Back  |  print page Print
WVC 29- CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
WVC 29 - 4 - ARTICLE 4. NOTARIES PUBLIC AND COMMISSIONERS.

WVC 29 - 4 - 1 §29-4-1.
Repealed.

Acts, 1996 Reg. Sess., Ch. 89.

WVC 29 - 4 - 2 §29-4-2.

Repealed.

Acts, 1984 Reg. Sess., Ch. 136.

WVC 29 - 4 - 2 A §29-4-2a.

Repealed.

Acts, 1984 Reg. Sess., Ch. 136.

WVC 29 - 4 - 2 B §29-4-2b.

Repealed.

Acts, 1984 Reg. Sess., Ch. 136.

WVC 29 - 4 - 3 §29-4-3. Power as to oaths, affidavits and depositions.

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.

WVC 29 - 4 - 4 §29-4-4. Power to take acknowledgments and as conservator of peace.

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.

WVC 29 - 4 - 5 §29-4-5. Necessity for seal.

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.

WVC 29 - 4 - 6 §29-4-6. Powers as to protests and other matters.

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.

WVC 29 - 4 - 7 §29-4-7. Powers of notaries connected with banks or other corporations.

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.

WVC 29 - 4 - 8 §29-4-8. Signature of notary to state date of expiration of commission.

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.

WVC 29 - 4 - 9 §29-4-9.

Repealed.

Acts, 1984 Reg. Sess., Ch. 136.

WVC 29 - 4 - 10 §29-4-10.

Repealed.

Acts, 1984 Reg. Sess., Ch. 136.

WVC 29 - 4 - 11 §29-4-11.

Repealed.

Acts, 1984 Reg. Sess., Ch. 136.

WVC 29 - 4 - 12 §29-4-12. Commissioners out of state; qualifications; fee.
The governor, if he or she considers it proper, may appoint any persons residing within or without this state and within the United States, its territories or possessions as commissioners to acknowledge signatures performed in or out of state by persons residing in or out of the state of West Virginia covering deeds, leases and other writings pertaining to West Virginia property for recordation in the state of West Virginia. The commissioners shall hold office for ten years, unless sooner removed by the governor. Before performing any duties as a commissioner, the commissioner shall enter into a bond in the penalty sum of one thousand dollars with corporate surety to be approved by the secretary of state and filed in his or her office. A fee of one hundred dollars for each commission issued shall be paid to the secretary of state. All fees and moneys collected by the secretary of state pursuant to the provisions of this article shall be deposited by the secretary of state as follows: One-half shall be deposited in the state general revenue fund and one-half shall be deposited in the service fees and collections account established by section two, article one, chapter fifty-nine of this code for the operation of the office of the secretary of state. The secretary of state shall dedicate sufficient resources from that fund or other funds to provide the services required in this article.

WVC 29 - 4 - 13 §29-4-13. Power of commissioner appointed under §29-4-12 as to oaths, affidavits and depositions.

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.

WVC 29 - 4 - 14 §29-4-14. Power of such commissioner to take acknowledgments.

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.

WVC 29 - 4 - 15 §29-4-15. Seal of such commissioner.
Every such commissioner shall provide an official seal on which shall be inscribed his or her name and residence and the words "Commissioner for West Virginia". An impression or stamped imprint of such seal, together with his or her signature, shall be forthwith transmitted to and filed in the office of the Secretary of State.

WVC 29 - 4 - 16 §29-4-16. Authentication of such commissioner's certificate.

Every certificate of such commissioner shall be authenticated by his signature and official seal.

Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature **