Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home
WEST VIRGINIA CODE
‹ Back  |  print page Print
WVC 29C- CHAPTER 29C. UNIFORM NOTARY ACT.
WVC 29 C- 6 - ARTICLE 6. LIABILITY, FINES AND IMPRISONMENT.

WVC 29 C- 6 - 101 §29C-6-101. Liability of notary.
A notary public is liable to the persons involved for all damages proximately caused by the notary's official misconduct.

WVC 29 C- 6 - 102 §29C-6-102. Liability of employer of notary.
The employer of a notary public is also liable to the persons involved for all damages proximately caused by the notary's official misconduct, if:

(a) The notary public was acting within the scope of his employment at the time he engaged in the official misconduct; and

(b) The employer consented to the notary public's official misconduct.

WVC 29 C- 6 - 103 §29C-6-103. Proximate cause.
               It is not essential to a recovery of damages that a notary's official misconduct be the only proximate cause of the damages.
WVC 29 C- 6 - 201 PART II. MISCONDUCT.

§29C-6-201. Official misconduct defined.

The term "official misconduct" means the wrongful exercise of a power or the wrongful performance of a duty. The term "wrongful" as used in the definition of official misconduct means unauthorized, unlawful, abusive, negligent, reckless or injurious.

WVC 29 C- 6 - 202 §29C-6-202. Official misconduct.
(a) A notary public who knowingly and willfully commits any official misconduct is guilty of a misdemeanor, and, upon conviction, shall be fined not more than five thousand dollars or imprisoned in the county jail not more than one year or both fined and imprisoned.

(b) A notary public who recklessly or negligently commits any official misconduct is guilty of a misdemeanor, and, upon conviction, shall be fined not more than one thousand dollars.

WVC 29 C- 6 - 203 §29C-6-203. Willful impersonation.
Any person who acts as, or otherwise willfully impersonates, a notary public while not lawfully appointed and commissioned to perform notarial acts is guilty of a misdemeanor, and, upon conviction, shall be fined not more than five thousand dollars or imprisoned in the county jail not more than one year, or both fined and imprisoned.

WVC 29 C- 6 - 204 §29C-6-204. Wrongful possession.
Any person who unlawfully possesses a notary's official seal or any papers or copies relating to notarial acts, is guilty of a misdemeanor, and, upon conviction, shall be fined not more than one thousand dollars.

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 ****