WEST VIRGINIA CODE
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 2012 1st Special Session
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