(a) If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer, unless the individual making the statement or executing the signature appears personally by communication technology, as provided in 39-4-37 or 39-4-38 of this code.
(b) The Secretary of State shall propose rules for legislative approval in accordance with the provisions of 29A-3-1 et seq. of this code establishing specific requirements for the performance of a notarial act on behalf of an individual appearing before a notary public by means of communication technology.
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