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WEST VIRGINIA CODE

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WVC 39 - 4 - 32 §39-4-32. Liability of notary and of an employer of notary.

     (a) A notary public is liable to the persons involved for all damages proximately caused by the notary's official misconduct.

     (b) 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:

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

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

     (c) It is not essential to a recovery of damages that a notary's official misconduct be the only proximate cause of the damages.

     (d) For the purposes of this section, the term "official misconduct" means any act or conduct that:

     (1) May result in the denial, refusal to renew, revocation, suspension or condition commission of a notary public pursuant to section twenty-one of this article; or

     (2) Is prohibited by section twenty-three of this article.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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