Commissioner for West Virginia Frequently Asked Questions (FAQs)

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Practice FAQs
Application FAQs

Question 1 Must the person signing the document be in the presence of the commissioner?

Answer

To give an oath, the person must sign in the presence of the commissioner. For other documents, the person must sign the document or acknowledge their signature in person. This also applies to performing e-notarization (electronic notarial) acts.

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Question 2 Does the document need to be completed before being acknowledged?

Answer

Yes. Never acknowledge a blank document.

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Question 3 Does the person signing the document need to show identification?

Answer

Yes. Never notarize the signature of someone you don't know without requiring proper identification.

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Question 4 Does the rubber stamp seal need to be placed on all acknowledgements?

Answer

Yes. An acknowledgement without the seal is improper.

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Question 5 Is it enough to just sign my name and put my stamp on a document?

Answer

No, unless you are completing an acknowledgement or oath form which is already a part of the form. An acknowledgement without the form is improper, and it must always include the date of acknowledgement.

Contact the Notary Division for further assistance regarding Commissioners for West Virginia.

Question 6 May I acknowledge documents for family members?

Answer

If you are a named party to the transaction or may receive direct benefit, such as cash, property or title from the transaction, you have a disqualifying interest and must refrain from acknowledging any such documents.

Contact the Notary Division for further assistance regarding Commissioners for West Virginia.

Question 7 May an employee acknowledge documents for an employer?

Answer

Employees may acknowledge for an employer, providing the transaction does not stand to benefit the commissioner in excess of their normal salary and benefits.

Contact the Notary Division for further assistance regarding Commissioners for West Virginia.

Question 1 How long does it take to process a commissioner for WV application?

Answer

If the application is correct and complete, allow approximately two (2) to three (3) weeks for processing.

Contact the Notary Division for further assistance regarding Commissioners for West Virginia.

Question 2 How soon may I start acknowledging documents?

Answer

Your appointment as commissioner is not effective until you receive your commission certificate and have had your commissioner stamp made.

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Question 3 Is a commissioner required to secure and maintain a surety or professional insurance bond?

Answer

No. Effective June 3, 2018, a surety bond or its equivalent in professional insurance is no longer required to be maintained during a notary's commission. The commissioner law makes no provision for a surety bond or its equivalent in professional insurance.

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Question 4 Does the Secretary of State notify commissioners when the appointment is expiring?

Answer

Yes. The application form will be sent to the address on record with the Secretary of State. However, if you do not receive the form, it is your responsibility to get the form and submit the completed application if you want to renew your appointment as commissioner.

Contact the Notary Division for further assistance regarding Commissioners for West Virginia.

Question 5 5. If my employer pays for my commissioner appointment, what happens if I leave that job?

Answer

You are the person who holds the commissioner appointment, not the employer, and the employer may not have the commissioner appointment canceled. However, it is your duty to file a change of address and get a new seal immediately if your employer's address is on your seal. If you are a government notary, your commission expires when you terminate employment with (or are terminated by) the agency.

Contact the Notary Division for further assistance regarding Commissioners for West Virginia.

Contact the Notary Division for further assistance regarding Commissioners for West Virginia.

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