West Virginia UPL Statute Summary

W. VA. Code §39-4-23.  Prohibited Acts

(a) A commission as a notary public does not authorize an individual to:

(1) Assist persons in drafting legal records, give legal advice or otherwise practice law;

(2) Act as an immigration consultant or an expert on immigration matters;

(3) Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters; or

(4) Receive compensation for performing any of the activities listed in this subsection.

(b) A notary public may not engage in false or deceptive advertising.

(c) A notary public, other than an attorney licensed to practice law in this state, may not use the term "notario" or "notario publico".

(d) A notary public, other than an attorney licensed to practice law in this state, may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law. If a notary public who is not an attorney licensed to practice law in this state in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media and the internet, the notary public shall include the following statement, or an alternate statement authorized or required by the Secretary of State, in the advertisement or representation, prominently and in each language used in the advertisement or representation: "I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities". If the form of advertisement or representation is not broadcast media, print media or the internet and does not permit inclusion of the statement required by this subsection because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.

(e) Except as otherwise allowed by law, a notary public may not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public.

Licensing Agency UPL Awareness

The Secretary of State Office seems to be aware of the issue of UPL as it is stated in the notary public handbook that UPL is official misconduct and may be grounds for dismissal from the position. The handbook can be accessed here.

Enforcement Mechanisms/Complaint Processes for UPL

A person can file a complaint on the based upon the West Virginia Consumer Protection Act §46A-6-104. Unlawful acts or practices. Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.

The method and forms for filing a consumer complaint with the Attorney General can be found here.

One may also file a complaint with the State Bar. A summary of their jurisdiction is available here.

Reporting Ineffective Assistance of Counsel

To report ineffective assistance of counsel in West Virginia, send a complaint to the Lawyer Disciplinary Board available here.

Contact Information for Relevant Agencies

Filing a Consumer Complaint:

Office of the Attorney General
Consumer Protection Division
PO Box 1789
Charleston, WV 25326-1789
Email: complaint@wvago.gov
Hotline: 1-800-368-8808

Filing a Complaint with the State Bar:

The West Virginia State Bar
2000 Deitrick Boulevard
Charleston, WV 25311-1231

Becoming a Notary Public

To become a notary public the following requirements must be fulfilled:

  • Be at least eighteen years of age;
  • Be a citizen or permanent legal resident of the United States;
  • Be a resident of or have a place of employment or practice in this state;
  • Be able to read and write English;
  • Have a high school diploma or its equivalent; and
  • Not be disqualified to receive a commission under W.Va. State Code §39-4-21
  • Pay the $52 application fee
  • Before issuance of a commission as a notary public, an applicant for the commission shall execute an oath of office and submit it to the Secretary of State.
  • Before issuance of a commission as a notary public, the applicant for a commission shall submit to the Secretary of State an assurance in the form of: (1) A surety bond or its functional equivalent in the amount of $1,000; or (2) certification that the applicant is covered under a: (A) Professional liability insurance policy; (B) an errors and omission insurance policy; (C) a commercial general liability insurance policy; or (D) their equivalent, in the amount of $1,000.
    • The assurance must be issued by a surety or other entity licensed or authorized to do business in this state. The assurance must cover acts performed during the term of the notary public's commission and must be in the form prescribed by the Secretary of State. If a notary public violates law with respect to notaries public in this state, the surety or issuing entity is liable under the assurance. The notary public shall give thirty days' notice to the Secretary of State before canceling any assurance or loss of insurance coverage. The surety or issuing entity shall notify the Secretary of State not later than thirty days after making a payment to a claimant under the assurance. A notary public may perform notarial acts in this state only during the period that a valid assurance is on file with the Secretary of State.

The Secretary of State has an online tool to look up current notaries that may be accessed here.