West Virginia Code
Article 4. Revised Uniform Law on Notarial Acts
§39-4-2. Definitions

In this article:
(1) "Acknowledgment" means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.
(2) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.
(3) "Electronic signature" means an electronic symbol, sound or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record.
(4) "In a representative capacity" means acting as:
(A) An authorized officer, agent, partner, trustee or other representative for a person other than an individual;
(B) A public officer, personal representative, guardian or other representative, in the capacity stated in a record;
(C) An agent or attorney-in-fact for a principal; or
(D) An authorized representative of another in any other capacity.
(5) "Notarial act" means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. The term includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument.
(6) "Notarial officer" means a notary public or other individual authorized to perform a notarial act.
(7) "Notary public" means an individual commissioned to perform a notarial act by the West Virginia Secretary of State.
(8) "Official stamp" means a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record.
(9) "Person" means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
(10) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(11) "Sign" means, with present intent to authenticate or adopt a record:
(A) To execute or adopt a tangible symbol; or
(B) To attach to or logically associate with the record an electronic symbol, sound or process.
(12) "Signature" means a tangible symbol or an electronic signature that evidences the signing of a record.
(13) "Stamping device" means:
(A) A physical device capable of affixing to or embossing on a tangible record an official stamp; or
(B) An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp.
(14) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
(15) "Verification on oath or affirmation" means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true.

Structure West Virginia Code

West Virginia Code

Chapter 39. Records and Papers

Article 4. Revised Uniform Law on Notarial Acts

§39-4-1. Short Title

§39-4-2. Definitions

§39-4-3. Applicability; Operative Date of Enactment; Effect on Existing Law

§39-4-4. Authority to Perform Notarial Act

§39-4-5. Requirements for Certain Notarial Acts

§39-4-6. Personal Appearance Required

§39-4-6a. Remote Acknowledgements and Notarizations Under Covid-19 Executive Order Deemed Valid

§39-4-7. Identification of Individual

§39-4-8. Authority to Refuse to Perform Notarial Act

§39-4-9. Signature if Individual Is Unable to Sign

§39-4-10. Notarial Act in This State

§39-4-11. Notarial Act in Another State

§39-4-12. Notarial Act Under Authority of Federally Recognized Indian Tribe

§39-4-13. Notarial Act Under Federal Authority

§39-4-14. Foreign Notarial Act

§39-4-15. Certificate of Notarial Act

§39-4-16. Short Form Certificates

§39-4-17. Official Stamp

§39-4-18. Stamping Device

§39-4-19. Notification Regarding Performance of Notarial Act on Electronic Record, Selection of Technology

§39-4-20. Commission as Notary Public; Qualifications; No Immunity or Benefit; Disposition of Fees

§39-4-21. Grounds to Deny, Refuse to Renew, Revoke, Suspend, or Condition Commission of Notary Public

§39-4-22. Database of Notaries Public

§39-4-23. Prohibited Acts

§39-4-24. Validity of Notarial Acts

§39-4-25. Rules

§39-4-26. Notary Public Commission and Commissioner Appointment in Effect

§39-4-27. Savings Clause

§39-4-28. Uniformity of Application and Construction

§39-4-29. Relation to Electronic Signatures in Global and National Commerce Act

§39-4-30. Maximum Fees

§39-4-31. Government Notaries Public

§39-4-32. Liability of Notary and of an Employer of Notary

§39-4-33. Criminal Penalties

§39-4-34. Action for Injunction; Unauthorized Practice of Law

§39-4-35. Administrative Complaints and Investigations

§39-4-36. Secretary of State Record Retention

§39-4-37. Remote Online Notarial Act Performed for Remotely Located Individual

§39-4-38. Remote Ink Notarial Act Performed for Remotely Located Individual