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
39-4-7 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
39-4-6a Remote acknowledgements and notarizations under COVID-19 Executive Order deemed valid
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Terms Used In West Virginia Code > Chapter 39 > Article 4 - Revised Uniform Law On Notarial Acts

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Oath: A promise to tell the truth.
  • oath: shall be deemed to include an affirmation and the word "swear" or "sworn" to be complied with if the person referred to make solemn affirmation. See West Virginia Code 2-2-7
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Service of process: The service of writs or summonses to the appropriate party.
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Subpoena: A command to a witness to appear and give testimony.
  • Trustee: A person or institution holding and administering property in trust.