West Virginia’s notary system requires applicants to meet specific eligibility criteria and follow a structured process. West Virginia also permits remote online notarization (RON), allowing notaries to perform digital notarizations. This guide will walk you through the steps to become a notary public in West Virginia and the process for renewing your commission, ensuring compliance with state regulations.
1. Requirements to Become a Notary in West Virginia
Becoming a notary public in West Virginia involves meeting certain eligibility criteria and completing the application process. Here's how to get started:
Eligibility Criteria
Before you begin the application process, ensure you meet the following criteria:
- You must be at least 18 years old.
- You must be a resident of West Virginia, or if you live out of state, you must be employed in West Virginia.
- You must be able to read and write English.
- You must not have been convicted of a felony unless your rights have been restored.
Step 1: Complete the Notary Application
In West Virginia, you must complete a notary public application available through the West Virginia Secretary of State’s website. If you are a non-resident, you must provide proof of employment within the state.
Step 2: Pay the Application Fees
The fee for becoming a notary in West Virginia is $52 for a ten-year term. This fee must be submitted with your application.
Step 3: Obtain a Notary Bond
West Virginia does not require a specific surety bond for notaries. However, securing a notary bond is recommended for protection against potential errors or misconduct during notarial duties.
Step 4: Take the Oath of Office
Once your application is approved, you must take an Oath of Office before a circuit court clerk in the county where you reside or are employed. This step finalizes your notary commission.
Step 5: Purchase Your Notary Seal
After your oath is administered, you must purchase a notary seal that meets West Virginia’s legal requirements. The seal must include your name, the words "Notary Public," "State of West Virginia," and your commission expiration date.
Step 6: Receive Your Commission Certificate
After completing all the necessary steps, you will receive your commission certificate from the West Virginia Secretary of State, confirming your official status as a notary public.
Frequently Asked Questions (FAQ) For New Notaries
1. How long does it take to become a notary in West Virginia?
The processing time typically ranges from 2-4 weeks after submitting your application and taking the oath of office.
2. Where do I submit my notary application in West Virginia?
Applications must be submitted online through the West Virginia Secretary of State’s website, and your oath must be administered by the circuit court clerk in your county.
3. What happens if my application is denied?
If your application is denied, the West Virginia Secretary of State will notify you of the reasons. You may correct any issues and reapply.
4. Do I need to maintain a notary journal in West Virginia?
West Virginia does not legally require notaries to maintain a journal, but it is highly recommended. Keeping a journal helps protect you from liability and serves as a record of your work.
2. Requirements for Notary License Renewal in West Virginia
In West Virginia, notary commissions are valid for ten years, after which you must renew your license to continue performing notarial acts. Here’s what you need to know about renewing your commission:
Step 1: Submit Your Renewal Application
Renewal applications must be submitted online through the West Virginia Secretary of State. The renewal process is similar to the initial application, and you must continue to meet the eligibility requirements.
Step 2: Pay the Renewal Fees
The renewal fee is $52 for another ten-year term, which must be submitted with your renewal application.
Step 3: Take a New Oath of Office
Upon approval of your renewal application, you must take a new Oath of Office before a circuit court clerk in your county of residence or employment. This step is required to finalize your renewal.
Step 4: Update or Replace Your Notary Seal
If your notary seal has become worn or no longer meets state requirements, you will need to purchase a new one. Ensure that the updated seal reflects your renewed commission expiration date.
Frequently Asked Questions (FAQ) For Renewing Notaries
1. What happens if my notary commission expires before I renew?
If your commission expires, you must stop performing notarial acts immediately. You will need to reapply and complete the full application process again.
2. Can I perform remote notarizations in West Virginia?
Yes, West Virginia allows for remote online notarization (RON). You must register with the state and use state-approved technology platforms that comply with West Virginia’s remote notarization requirements.
3. What fees can I charge for notarial services in West Virginia?
West Virginia law allows notaries to charge reasonable fees for their services. Fees must be agreed upon with the client in advance.
4. What should I do if my notary seal or journal is lost or stolen?
If your notary seal or journal is lost or stolen, you must notify the West Virginia Secretary of State immediately. You will need to order a new seal and report any lost or stolen entries from your notary journal.