1 Must the person signing the document be in the presence of the commissioner?
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.
2 Does the document need to be completed before being acknowledged?
Yes. Never acknowledge a blank document.
3 Does the person signing the document need to show identification?
Yes. Never notarize the signature of someone you don't know without requiring proper identification.
4 Does the rubber stamp seal need to be placed on all acknowledgements?
Yes. An acknowledgement without the seal is improper.
5 Is it enough to just sign my name and put my stamp on a document?
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.
6 May I acknowledge documents for family members?
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.
7 May an employee acknowledge documents for an employer?
Employees may acknowledge for an employer, providing the transaction does not stand to benefit the commissioner in excess of their normal salary and benefits.
1 How long does it take to process a Commissioner for WV application?
If the application is correct and complete, allow approximately two (2) to three (3) weeks for processing.
2 How soon may I start acknowledging documents?
Your appointment as commissioner is not effective until you receive your commission certificate and have had your commissioner stamp made.
3 Is a commissioner required to secure and maintain a surety or professional insurance bond?
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.
4 Does the Secretary of State notify commissioners when the appointment is expiring?
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.
5 If my employer pays for my commissioner appointment, what happens if I leave that job?
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.
