(a) A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:
(1) The individual executing the record is competent or has the capacity to execute the record; or
(2) The individual's signature is knowingly and voluntarily made.
(b) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this article.
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