(a) An individual qualified under subsection (b) of this section may apply to the Secretary of State for a commission as a notary public through the Secretary of State’s online notary system. The applicant shall comply with and provide the information required by rules promulgated by the Secretary of State and pay any application fee.
(b) An applicant for a commission as a notary public must:
(1) Be at least eighteen years of age;
(2) Be a citizen or permanent legal resident of the United States;
(3) Be a resident of or have a place of employment or practice in this state;
(4) Be able to read and write English;
(5) Have a high school diploma or its equivalent; and
(6) Not be disqualified to receive a commission under §39-4-23 of this code.
(c) Before issuance of a commission as a notary public, an applicant shall provide a statement on the notary application that they solemnly swear or affirm, under penalty of perjury, that the answers to all questions in this application are true, complete, and correct; that he or she has carefully read the notaries public law of West Virginia; and, if appointed and commissioned as a notary public, he or she will perform faithfully, to the best of his or her ability all notarial acts in accordance with the law.
(d) On compliance with this section, the Secretary of State shall issue a commission as a notary public to an applicant for a term of five years.
(e) A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees.
Structure West Virginia Code
Chapter 39. Records and Papers
Article 4. Revised Uniform Law on Notarial Acts
§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
§39-4-20. Commission as Notary Public; Qualifications; No Immunity or Benefit; Disposition of Fees
§39-4-22. Database of Notaries Public
§39-4-24. Validity of Notarial Acts
§39-4-26. Notary Public Commission and Commissioner Appointment in Effect
§39-4-28. Uniformity of Application and Construction
§39-4-29. Relation to Electronic Signatures in Global and National Commerce Act
§39-4-31. Government Notaries Public
§39-4-32. Liability of Notary and of an Employer of Notary
§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