How to become a notary public in West Virginia

West Virginia notary public licenses

West Virginia issues 3 notary public credentials. Each has its own section below; the table shows what each one covers and its headline requirements.

Applies to every license level

These rules are the same for several of the West Virginia notary public licenses on this page, so they are shown once here, with the licenses they apply to. Each license's own section lists only what differs.

1. Every license level (all 3)

Requirements

Minimum age

18 years old¹

High school diploma or GED

Required¹

Exam

Not required²⁴

2. Every license level except Commissioner for West Virginia (out-of-state commissioner)

Requirements

Background check

No automatic bar written into the qualifications. The Secretary of State may deny, refuse to renew, revoke, suspend or condition a commission for a conviction of any felony or of a crime involving fraud, dishonesty or deceit; for a finding or admission of fraud, dishonesty or deceit in a legal or disciplinary proceeding; for a dishonest misstatement on the application; or for action against a notary commission in another state. The applicant swears under penalty of perjury that the application answers are true.¹

Residency or citizenship

Must be a U.S. citizen or permanent legal resident, and either live in West Virginia or have a place of employment or practice in West Virginia.²

Fees

What a notary public may charge the public:

• A notary may charge at most $10 per signature notarized, $10 per 8½ x 11 inch page for certifying a copy, and $10 for any other notarial act.⁷

How to apply

Apply online

erls.wvsos.gov⁸²

Renewal

How often

Every 5 years¹

Renew online

erls.wvsos.gov²

Who needs a Notary Public license

A public officer commissioned by the Secretary of State to administer oaths and affirmations, take acknowledgments, witness or attest signatures, and certify copies of documents. A notary may not certify copies of records that a public office can certify (birth, marriage or death certificates, deeds, wills). A notary may not practice law.⁶

Requirements for a Notary Public license

More rules for this license are shared with other levels: group 1 and group 2 under Applies to every license level.

Also required

Must be able to read and write English.¹

Also required

No separate oath of office: the applicant swears or affirms on the application, under penalty of perjury, that the answers are true, that they have read the West Virginia notary law, and that they will perform notarial acts faithfully.¹

Also required

After the commission letter arrives, buy a rubber stamp seal from any vendor. The SOS does not sell stamps. It must be a bordered rectangle no larger than 1 inch by 2½ inches and show "Official Seal", "Notary Public", "State of West Virginia", and the notary's name, address and commission expiration date exactly as in the commission letter. An embossed seal is optional and cannot replace the rubber stamp. Destroy or disable the stamp when the commission ends.⁹

Also required

A journal is not required for traditional notarial acts, but the SOS strongly advises keeping one. For remote online and remote ink acts, the notary must keep an audio-visual recording of each act for at least 5 years.⁶

Also required

Report a name or address change to the Secretary of State within 30 days (no fee) and order a new stamp. Report a lost or stolen stamp promptly (no fee). On resignation, or on leaving West Virginia, resign online and disable the stamp.¹⁰

Also required

A notary who is not a West Virginia attorney may not give legal advice, draft legal records, act as an immigration consultant, or use the term "notario" or "notario publico". Notary advertising must carry the disclaimer set out in § 39-4-23(e).¹¹

How much a Notary Public license costs

Each line is a separate charge as the board lists it. The board does not publish a combined total, so none is shown here.

Fee waivers and reductions:

• Government notaries: state and local government employees can be commissioned to notarize for their office. The head of the office certifies the application, and the office pays the costs, so the $52 fee is waived. Federal employees are not eligible for the waiver. A government notary may not operate privately, and fees collected go to the office.¹²

How to apply

1. Check eligibility: 18 or older, U.S. citizen or permanent legal resident, living in West Virginia or working at an office address there, able to read and write English, high school diploma or equivalent (unless first commissioned before January 1, 2018), and not disqualified.²
2. Read the notary law, W. Va. Code ch. 39, art. 4. You swear on the application that you have read it.²
3. Apply online through the Enterprise Registration & Licensing System (ERLS) and pay $52. Government notaries attach their supervisor's letter to have the fee waived. If you will notarize electronically or remotely, also file the free E-Notarization Authorization.² erls.wvsos.gov⁸
4. Wait for the commission letter. Check that your name and address are correct, then order a rubber stamp seal showing exactly the information in the letter.²
5. When the commission certificate (valid 5 years) and handbook arrive, you may begin notarizing.²
6. Review the Notary Handbook and keep it where you notarize.²

Renewal and continuing education

When it expires

The commission lasts 5 years. Renewal is not automatic: file a new application (recommission) online with the $52 fee, no earlier than 60 days before expiry. An expired commission is replaced by a new application on the same terms.⁶

Renewal fee

$52² (Recommission for a new five-year term)

If it expires

No late fee or grace period is published. Every term, renewal or not, needs a new $52 application, which cannot be processed more than 60 days before expiry.⁶

Moving to West Virginia with a license from another state

These are the routes WVSOS publishes for the Notary Public license. The other notary public licenses have their own routes in their sections below.

Commissioner for West Virginia

An optional add-on appointment for West Virginia notaries. A commissioner takes acknowledgments, in or outside West Virginia, of deeds, leases and other writings about West Virginia property for recording in West Virginia, and may give oaths and take affidavits for use in the state. Each acknowledgment must state where it was taken. The appointment is also required for remote online notarization of signers outside the U.S. and remote ink notarization of signers outside West Virginia.³

Requirements

Experience

Must hold a current West Virginia notary commission.¹³
License you must hold first: Wv-notary-public-commission¹³

Background check

The SOS may deny, refuse to renew, revoke, suspend or condition the appointment for a felony conviction or a crime involving fraud, dishonesty or deceit, or for loss of the notary commission, among other grounds.¹³

Residency or citizenship

The appointee may live in or outside West Virginia, within the United States or its territories. In practice they must hold a West Virginia notary commission, which requires West Virginia residence or a West Virginia work address.⁴

Also required

Rubber stamp seal reading "Official Seal" and "Commissioner for West Virginia", with the commissioner's name exactly as signed, city and state of residence, and "My Commission Expires" with the date.³

Also required

A commissioner may not practice law or act as an immigration consultant.¹⁴

Fees

Each line is a separate charge as the board lists it. The board does not publish a combined total, so none is shown here.

How to apply

1. Hold a West Virginia notary commission. That requires living in West Virginia or working at an office address there.¹³
2. Read W. Va. Code § 39-4A (Senate Bill 669). You affirm on the application that you have read it.⁴
3. Complete Form CWV-1 and deliver it with the non-refundable $500 to the Notary Division in Charleston, or to the Clarksburg or Martinsburg business hubs.⁴ sos.wv.gov¹⁵
4. Wait for the appointment letter, then order a rubber stamp seal with exactly the letter's information.⁴
5. Begin acting once the commission certificate (valid 10 years) arrives and the stamp has been made.⁴

Application form

sos.wv.gov¹⁵

Renewal

How often

Every 10 years³

When it expires

The appointment lasts 10 years. Apply early for reappointment with a new CWV-1 and $500. The SOS mails a renewal form but renewal is the commissioner's responsibility.⁴

Renewal fee

$500¹⁵ (Reappointment for a new 10-year term)

Renew online

sos.wv.gov¹⁵

From another state

More rules for this license are shared with other levels: group 1 under Applies to every license level.

Electronic Notary Public registration

Lets a commissioned notary perform notarial acts on electronic records with registered electronic signatures and seals: in person (e-notary or IPEN), by remote online notarization (RON), or by remote ink notarization (RIN, where the signer signs paper on camera and mails it to the notary). Acts allowed: acknowledgments, oaths and affirmations, witnessing or attesting signatures, certifying copies, and noting protests.⁵

Requirements

Experience

Must hold a West Virginia notary commission in good standing, or apply for one at the same time.⁶
License you must hold first: Wv-notary-public-commission⁶

Also required

In-person electronic notarization (IPEN): the signer is physically present and both sign the electronic document on the same device. Remote online (RON) and remote ink (RIN) acts use live audio-video. The notary must be located in West Virginia. Identity is proven by personal knowledge, a credible witness, or (RON) two types of identity proofing / (RIN) an unexpired government photo ID. Each RON or RIN act is recorded, and the recording is kept at least 5 years. The certificate must say the act involved communication technology.⁵

Also required

A journal of electronic acts is optional. If kept electronically, it must be password-protected, unalterable and backed up.¹⁶

Also required

The registered electronic seal must include the words "electronic Notary Public", the commission expiration date and the commission registration number, among other items.⁶

Also required

Registration is refused for a material misstatement or omission on the form.¹⁶

Fees

How to apply

1. Hold a West Virginia notary commission, or apply for one at the same time.¹⁷
2. Choose a technology that meets 153 CSR 45. The SOS lists vendors for convenience only and does not endorse them.¹⁷
3. File the E-Notarization Authorization application (Form N-2) through ERLS, naming the vendor. No fee.¹⁷ erls.wvsos.gov²
4. Wait for SOS confirmation of e-Notary status, then begin electronic notarization.¹⁷
5. Report any change to the application data within 10 days, and any change of technology. Re-register after every recommission.¹⁷

Renewal

When it expires

The registration runs with the notary commission and ends on the same date. After each recommission, register again before notarizing electronically.¹⁶

Renewal fee

$0¹⁶ (Re-registration after each recommission (the $52 recommission fee is separate))

If it expires

Ending an electronic registration does not end the underlying commission. Resigning the commission ends any electronic, RON or RIN registration.⁶

From another state

More rules for this license are shared with other levels: group 1 and group 2 under Applies to every license level.

City and county rules

Notary PublicNo local license or county filing: apply online to the Secretary of State.⁸

Commissioner for West Virginia (out-of-state commissioner)No local license: apply to the Secretary of State.⁴

Electronic Notary Public registration (E-Notarization Authorization: electronic, remote online and remote ink notarial acts)No local license: register with the Secretary of State.¹⁷

Check a license or report a problem

Before you hire a notary public in West Virginia, you can confirm the license is current on the board's own search. Every board we cover in West Virginia is on the West Virginia license lookup page.

Look up a license

erls.wvsos.gov¹⁸

File a complaint

sos.wv.gov⁸

Laws and rules

The requirements above come from these laws and board rules.

• W. Va. Code § 39-4-20 (qualifications, sworn application statement, 5-year term)
• W. Va. Code § 39-4-21 (grounds to deny, revoke, suspend)
• W. Va. Code § 39-4-22 (database; 30-day name/address change notice)
• W. Va. Code § 39-4-23 (prohibited acts, advertising disclaimer)
• W. Va. Code § 39-4-30
• W. Va. Code § 39-4-31 (government notaries public)
• 153 CSR 50
• W. Va. Code § 39-4A-1
• W. Va. Code § 39-4A-2 (10-year term, powers, seal)
• W. Va. Code § 39-4A-3 (prohibited acts)
• W. Va. Code § 39-4-19 (notice to SOS and selection of technology for electronic records)
• W. Va. Code § 39-4-37 (remote online notarial acts)
• W. Va. Code § 39-4-38 (remote ink notarial acts)
• W. Va. Code § 39-4-6a (validation of COVID-19 emergency remote notarizations)
• 153 CSR 45 (Standards and Guidelines for Electronic Notarization, Remote Online Notarization, and Remote Ink Notarization), effective May 11, 2022

Rule changes since January 2024

• February 2, 2024: HB 5332 (in effect from passage) exempts anyone commissioned as a notary before January 1, 2018 from the high school diploma requirement.¹⁹

Common questions

Notary public licenses in other states

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