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In-Person Paper Notarizations

Am I required by law to maintain a notary journal in West Virginia?

No, a notary public in the State of West Virginia is not required to maintain a notary journal. However, if remote online notarizations are legal in the State of West Virginia and the notary public is performing online notarizations, they may want to check any specific guidelines surrounding record keeping for remote online notarizations. 

Recommended best practices for notary journals

Although the State of West Virginia does not require a notary public to complete a notary journal by law under most circumstances,

the following pieces of information are considered “best practice” to collect in a notary journal

  1. Date and time of each notarial act

  2. A description of the document and type of notarial act (e.g., Deed of trust, Acknowledgment) 

  3. The printed full name, signature and address of each person for whom a notarial act is performed.

  4. A description of the identification document, its serial or identification number and its date of issuance or expiration

  5. The fee charged for the notarial service

 

It is important to remember that these “best practices” are just recommendations, and that a notary can include more or less information as long as they remain compliant with their State code. 

Remote Online Notarizations

Is Remote Online Notarization (RON) approved in the State of West Virginia?

Yes, notaries in the State of West Virginia are authorized to perform remote online notarizations.

Do I have to record the Remote Online Notarization session?

Yes

“A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if: … [t]he notary public, or a person acting on behalf of the notary public, creates an audio-visual recording of the performance of the notarial act” (WVC 39-4-37[c][3]).

What is the retention period for RON recordings?

5 years

“A notary public, a guardian, conservator, or agent of a notary public, or a personal representative of a deceased notary public shall retain the audio-visual recording created under subdivision (3), subsection (c) of this section or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by rule adopted under subdivision (4), subsection (h) of this section, the recording must be retained for a period of at least five years after the recording is made” (WVC 39-4-37[f]).

Do I have to log RON sessions in a journal?

No, West Virginia notaries aren't required to keep records of remote online notarizations in a journal

 

"A notary public who performs an electronic notarial act, remote online notarial act, or remote ink notarial act, may keep, maintain, protect, and provide for lawful inspection a chronological journal of notarial acts that is either: (a) A permanently bound book with numbered pages; or (b) An electronic journal of notarial acts as described in section 18 of the rules" (CSR 153-45-17.1).

Reference Links

Helpful resources for West Virginia Notaries

  1. West Virginia Code

  2. West Virginia Notary Handbook

  3. “A Notary’s Guide to Completing Journal Entries”

Disclaimer

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser

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