WV Code Chapter 29C Article 4

WEST VIRGINIA CODE

WVC 29C- CHAPTER 29C. UNIFORM NOTARY ACT.
WVC 29 C- 4 - ARTICLE 4. DUTIES.

WVC 29 C- 4 - 101 PART I. SEAL AND SIGNATURE.

§29C-4-101. Official signature.

At the time of notarization a notary public shall sign his official signature on every notarial certificate.

WVC 29 C- 4 - 102 §29C-4-102. Rubber stamp seal.
Under or near his official signature on every notarial certificate, a notary public shall rubber stamp clearly and legibly, so that it is capable of photographic reproduction:

(a) The words "Official Seal";

(b) His name exactly as he writes his official signature;

(d) The address of his business or residence in this state; and

(e) A serrated or milled edge border in a rectangular form not more than one inch in width by two and one-half inches in length surrounding the information.

No person holding a notary commission pursuant to former section two, article four, chapter twenty-nine on the effective date of this chapter may be required to obtain or use a rubber stamp seal prior to the expiration of that commission. However, such a notary who was appointed for one or more counties of the state may obtain and use the rubber stamp seal prior to the expiration of that commission if the name of the county in which the notarial act is performed is on the seal used for that act.

WVC 29 C- 4 - 103 §29C-4-103. Seal embosser.
(a) Every notary public may provide, keep and use a seal embosser engraved to show the words "Notary Seal," his name, "Notary Public," and "State of West Virginia."

(b) The indentations made by the seal embosser shall not be applied on the notarial certificate or document to be notarized in a manner that will render illegible or incapable of photographic reproduction any of the printed marks or writing.

WVC 29 C- 4 - 104 §29C-4-104. Illegibility.
The illegibility of any of the information required by sections one hundred one through one hundred three, article four, does not affect the validity of a transaction.

PART II. RECORD CHANGES.
WVC 29 C- 4 - 201 §29C-4-201. Change of address.
Every notary public shall mail or deliver notice to the secretary of state within thirty days after he changes the address of his business or residence in this state. The fee payable to the secretary of state for recording notice of change of address is two dollars.

WVC 29 C- 4 - 202 §29C-4-202. Change of notary's name.
Every notary public shall mail or deliver notice to the secretary of state within thirty days after he changes his name, including with the notification a specimen of his handwritten official signature which contains his surname and at least the initial of his first name. The fee payable to the secretary of state for recording notice of change of notary's name is two dollars.

WVC 29 C- 4 - 203 §29C-4-203. Lost official seal.
Every notary public shall mail or deliver notice to the secretary of state within thirty days after he loses or misplaces his official seal. The fee payable to the secretary of state for recording notice of a lost seal is two dollars.

PART III. FEES.
WVC 29 C- 4 - 301 PART IV. TERMINATION OF COMMISSION.

§29C-4-301. Maximum fees.
The maximum fee in this state for notarization of each signature and the proper recordation thereof in the journal of notarial acts is two dollars for each signature notarized.

(a) The maximum fee in this state for certification of a facsimile of a document, retaining a facsimile in the notary's file, and the proper recordation thereof in the journal of notarial acts is two dollars for each eight and one-half by eleven inch page retained in the notary's file.

(b) The maximum fee in this state is two dollars for any other notarial act performed.

WVC 29 C- 4 - 401 §29C-4-401. Death.
If a notary public dies during the term of his appointment, his heirs or personal representative, as soon as reasonably possible after the notary's death, shall send by certified mail or deliver to the secretary of state the deceased notary's papers and copies relating to his notarial acts. His heirs or personal representative shall destroy forthwith his official seal.

WVC 29 C- 4 - 402 §29C-4-402. Resignation or removal.
If a notary public no longer desires to be a notary public or has ceased to have a business or residence address in this state, he shall send forthwith by certified mail or deliver to the secretary of state a letter of resignation and all papers and copies relating to his notarial acts. He shall destroy forthwith his official seal. His commission shall thereupon cease to be in effect.

WVC 29 C- 4 - 403 §29C-4-403. Revocation of commission.
Immediately after receiving notice from the secretary of state that his commission has been revoked, the person whose commission is revoked shall forthwith send by certified mail or deliver to the secretary of state all papers and copies relating to his notarial acts. He shall destroy forthwith his official seal.

WVC 29 C- 4 - 404 §29C-4-404. Failure to be reappointed.
A notary public who is not reappointed to act as a notary public within thirty days after the expiration of his commission shall send forthwith by certified mail or deliver to the secretary of state all papers and copies relating to his notarial acts. He shall destroy forthwith his official seal.

WVC 29 C- 4 - 405 §29C-4-405. Reappointment.
(a) No person may be automatically reappointed as a notary public.

(b) Every notary public who is an applicant for reappointment as a notary public shall recomply with the provisions of article two of this chapter.

Note: WV Code updated with legislation passed through the 2012 1st Special Session