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Notary Requirements for West Virginia: 2025 Updated

New River Gorge Bridge in West Virginia

This guide explains becoming a West Virginia notary public and renewing a commission, based on official state sources as of May 2025. It covers eligibility, application, equipment, terms, renewal, Remote Online Notarization (RON), and FAQs.

Eligibility Requirements

Applicants must meet these criteria:

  • Age: At least 18 years old.

  • Citizenship/Residency: U.S. citizen or permanent legal resident. Must reside in West Virginia OR reside in another state but have a place of employment/practice in West Virginia.

  • Language: Able to read and write English.

  • Education: Hold a high school diploma or equivalent (GED).

  • Good Standing: No disqualifying convictions or prior notary commission revocation for cause.

No exam or course is required for a traditional commission, but applicants affirm on the application they have reviewed WV notary laws.


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Application Process for a New Notary Commission

  1. Read the Law: Familiarize yourself with WV notary law (Revised Uniform Law on Notarial Acts, W.Va. Code Chapter 39, Article 4). You'll affirm this on your application.

  2. Complete Notary Application: Submit "Application for Appointment as a Notary Public" via WV SOS online portal (Enterprise Registration & Licensing System) or downloadable paper form. Filing fee: $52.00.

    • Government employees (state/local, not federal) may have fee waived with agency head letters.

    • No surety bond or separate oath filing required with application (bond eliminated 2018; oath is affirmation on application).

  3. Electronic/Online Notarization (Optional): If planning e-notarizations or RON, submit a separate E-Notarization Authorization form (no extra fee), identifying your technology/RON platform.

  4. Await Commission Approval: SOS Notary Division reviews. Allow ~2-3 weeks. Upon approval, a Commission Notification Letter is mailed/emailed, detailing info for your notary seal (name, address, expiration date). Verify all info for accuracy.

  5. Obtain Official Notary Seal: After receiving commission letter, order a rubber stamp notary seal meeting WV specifications (see below).

  6. Receive Commission Certificate: SOS sends official Notary Public Commission Certificate (shows ID, 5-year term). Keep records. Once you have a certificate and seal, you can notarize. No county clerk filing needed.

  7. Review Notary Handbook: WV SOS provides a Notary Public Handbook. Read it carefully.

Surety Bond

No Bond Required. West Virginia eliminated the notary surety bond requirement effective June 3, 2018. Optional Errors & Omissions (E&O) insurance is a personal choice for liability protection.

Notary Seal and Journal Requirements

Notary Seal (Official Stamp): Mandatory; inked rubber stamp for all notarizations.

  • Format: Rectangular, max 1 inch high x 2.5 inches wide, with a border.

  • Required Content (within seal):

    1. “Official Seal” and “Notary Public.”

    2. “State of West Virginia.”

    3. Notary’s commissioned name (exactly as on commission).

    4. Notary’s business or residence address (as on SOS record).

    5. Commission expiration date.

  • State Seal Image: Optional on stamp.

  • Ink: No specific color mandated (blue/black common), must be clear.

  • Usage: Affix on every notarial certificate near signature. Embosser optional, supplementary to ink stamp.

  • Security/Replacement: Notary's responsibility. Keep secure. Report loss/theft to SOS within 30 days. If name/address changes, file update with SOS, get a new seal. Destroy old/expired seals.

Notary Journal: Not required by WV law for traditional notarizations, but strongly advised by SOS as best practice.

  • If kept, suggested entries: date/time, act type, document description, signer(s) name/address, ID method, signer's signature in journal, fees, notes.

  • Securely store any journal kept.

Oath of Office and Recording the Commission

WV eliminated separate oath ceremonies and county recording. The application includes an affirmation to obey laws and perform duties faithfully, satisfying the oath requirement. Your commission is fully effective upon issuance by SOS and your acquisition of a seal.

Commission Term and Expiration

  • Term: Five (5) years from issuance date (on certificate and seal).

  • Authority: Statewide. Ceases at expiration. No grace period for notarizing.

  • Seal Disposition: Upon commission end (expiration, resignation), disable or destroy seal.

  • Government Notaries: Commission terminates if government employment ends.

Track expiration; SOS generally sends renewal reminders, but renewal is notary's responsibility.

Commission Renewal Process 

Essentially the same as a new application.

  1. When to Renew: Recommended a few weeks before expiration to avoid lapse (processing ~2-3 weeks).

  2. Application Form: Use standard Application form; indicate "Recommission." Update info. Reaffirm review of laws.

  3. Filing Fee: $52.00. No additional exam/training for renewal.

  4. Notary Seal Update: Obtain new seal with new expiration date after receiving renewed commission letter.

  5. Continuity: If renewed on time, the new term starts after the old one ends. If lapsed, stop notarizing until a new commission is issued.

  6. E-Notary: Re-register e-notary status when renewing commission.

Remote Online Notarization (RON)

Legal since 2021

  • Eligibility: Must be a commissioned WV notary. Register as e-notary with SOS (E-Notarization Authorization form, specify RON platform; $0 fee for this form).

  • Technology Providers: Use SOS-approved RON platform (listed on SOS site, e.g., DocVerify, Notarize). Notaries obtain their own service.

  • Performing RON:

    • Notary Location: Must be physically in West Virginia.

    • Signer Location: Anywhere.

    • ID Verification: Personal knowledge, credible witness (via video), OR remote ID presentation + credential analysis + Knowledge-Based Authentication (KBA) – at least two different methods if not personally known.

    • Ceremony: Live, two-way audio-video. Electronic document, e-signature, e-seal. Certificate notes remote act ("This notarial act involved the use of communication technology").

  • Audio-Visual Recording: Mandatory. Retain A/V recording of the entire RON session for at least 5 years.

  • Remote Ink Notarization (RIN): Also permitted. Signer signs paper on camera, mails to notary. Notary completes on paper with ink stamp. A/V recording (5-yr retention) also required.

Official Resources

  • WV Secretary of State – Notary Public Division: https://sos.wv.gov/business/Pages/NotaryApp.aspx (official hub for forms, handbook, FAQs, online filing via Enterprise Registration & Licensing System - ERLS).

  • WV Notary Handbook: Official PDF guide on SoS website.

  • WV Code §39-4 (Revised Uniform Law on Notarial Acts): State notary laws.

  • Contact Notary Division: Phone 304-558-8000 (or 1-866-767-8683); Email [email protected]

Frequently Asked Questions (FAQ)

Q: How long does it take to process a notary application in West Virginia?

A: Generally 2-3 weeks if the application is complete and correct.

Q: When can I start notarizing documents after I get my commission?

A: Only after receiving your commission certificate from the SOS AND obtaining your official notary seal.

Q: What fees can a West Virginia notary charge for their services?

A: Max $5.00 per notarization, per signature. Travel fees separate, by prior agreement.

Q: May I notarize documents for a family member or relative?

A: Law doesn't forbid if a notary is not a party and has no direct beneficial interest. However, avoid immediate family if possible to prevent appearance of bias. Never notarize if you have a disqualifying interest.

Q: Can I notarize documents that involve my employer or co-workers?

A: Yes, if you have no personal beneficial interest beyond normal salary. Employee-notaries commonly notarize company documents. Government notaries are usually limited to official agency duties.

Q: What should I do if I change my name or address after becoming a notary?

A: Notify SOS within 30 days using Notary Information Change form (online or paper). No fee. Obtain a new seal reflecting the new name/address after receiving the amended commission letter.

Q: My employer paid for my notary application. If I leave that job, what happens to my commission?

A: Commission belongs to you, not employer (unless you are a government notary, whose commission is tied to employment). Update address with SOS and get a new seal if the old one had an employer's address.

Q: Can I notarize electronic documents or perform online notarizations in West Virginia?

A: Yes. Register as an e-notary with SOS (E-Notarization Authorization form). For RON, use an approved platform, follow ID/recording rules. Notary must be in WV.

Always refer to official WV SOS resources for the most current notary information.