§39-4-35. Administrative Complaints and Investigations
(a) In addition to the powers and duties contained in this article, the Secretary of State may: (1) Investigate, upon complaint or on his or her own initiative, any alleged violations or irregularities of this article.
§39-4-36. Secretary of State Record Retention
(a) The provisions of subsection (c), section three, article two, chapter five of this code notwithstanding, the Secretary of State may destroy original records of appointment under this article after expiration of the term of a notary public: Provided, That the Secretary of State maintains an electronic copy of the appointment for a minimum of […]
§39-4-37. Remote Online Notarial Act Performed for Remotely Located Individual
(a) In this section: (1) “Communication technology” means an electronic device or process that:
§39-4-38. Remote Ink Notarial Act Performed for Remotely Located Individual
(a) A document may be notarized for an individual who is not in the physical presence of the notary public at the time of the notarization if the following requirements are met: (1) The individual and the notary can communicate simultaneously, in real time, by sight and sound using communication technology defined in 39-4-37 of […]
§39-4-23. Prohibited Acts
(a) A commission as a notary public does not authorize an individual to: (1) Assist persons in drafting legal records, give legal advice or otherwise practice law;
§39-4A-1. Commissioners Out of State; Qualifications; Application Fee
(a) The Secretary of State may appoint a qualified person residing within or without this state and within the United States, its territories, or possessions as a commissioner to acknowledge signatures performed in or out of this state by persons residing in or out of the state of West Virginia covering deeds, leases, and other […]
§39-4-24. Validity of Notarial Acts
Except as otherwise provided in subsection (b), section four of this article, the failure of a notarial officer to perform a duty or meet a requirement specified in this article does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this article does not prevent an aggrieved […]
§39-4A-2. Powers of Commissioners; Official Seals
(a) Upon approval of a successful application, commissioners shall hold office for 10 years, unless removed by the Secretary of State under the grounds set forth in 39-4A-1(e) of this code. (b) When any oath may lawfully be administered, or affidavit or deposition taken, within the state, territory or district for which any such commissioner […]
§39-4-25. Rules
(a) The Secretary of State may promulgate rules, in accordance with the provisions of chapter twenty-nine-a of this code, to implement this article. Rules promulgated regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology […]
§39-4A-3. Prohibited Acts
Commissioners shall refrain from the following prohibited activities: (1) Assisting persons in drafting legal records, giving legal advice, or otherwise practicing law;