West Virginia Notary Requirements and E&O Insurance

Is a notary bond required in West Virginia?

No. West Virginia does not require a notary public to post a surety bond. When the state adopted the Revised Uniform Law on Notarial Acts (West Virginia Code Chapter 39, Article 4), the reform “eliminat[ed] the $1,000 bond requirement” that applied under prior law. A bond is no longer part of the application process, and the notary does not file one with the Secretary of State or a county.

Without a bond, the notary bears direct responsibility for performing notarial acts faithfully and in accordance with the law. Rather than an oath backed by a bond, current applicants swear or affirm under penalty of perjury that the answers in their application are true and that, if appointed, they will perform all notarial acts in accordance with the law. The Secretary of State may deny, refuse to renew, revoke, suspend, or condition a commission for conduct showing the individual lacks the honesty, integrity, competence, or reliability to serve.

How to become a notary in West Virginia

1. Confirm eligibility. An applicant must be at least 18 years old; be a U.S. citizen or permanent legal resident; be a resident of West Virginia (or a resident of another state who works at an office address in West Virginia); be able to read and write English; hold a high school diploma or its equivalent; and not be disqualified under West Virginia Code §§ 39-4-21 or 39-4-23.
2. Complete the online application through the Enterprise Registration & Licensing System (ERLS) for an initial appointment or recommission.
3. Pay the $52 filing fee. The fee is waived for state and local government notaries who include a certifying letter from their office head (federal employees are not eligible).
4. Add e-notarization authorization if needed. If you plan to perform electronic notarial acts, also submit the Application for E-Notarization Authorization (no fee).
5. Order your rubber stamp seal using the exact information from your commission letter after you are commissioned.

Bond vs. E&O insurance in West Virginia

Because West Virginia eliminated the notary bond, neither a bond nor E&O insurance is required. A surety bond—now gone in West Virginia—would have protected the public and been repaid by the notary. Errors and omissions insurance is different: it is optional coverage a notary can purchase to help with legal costs or claims arising from an unintentional mistake. With no mandatory product, buying E&O is entirely a personal risk decision for a West Virginia notary, not a licensing step.

Renewing your West Virginia commission

West Virginia commissions are valid for five years, and renewals are not automatic. Every appointment requires a new application filed with the Secretary of State through ERLS. Renewals cannot be processed more than 60 days before expiration. If your name or residential/business address changed from your original application, you must notify the Secretary of State within 30 days. Note that a maximum fee of $10.00 may be charged for each notarized signature.

Remote online notarization in West Virginia

West Virginia authorizes electronic notarization. Under West Virginia Code §39-4-19, a notary who plans to perform electronic notarial acts must complete and submit the Application for E-Notarization Authorization through the Enterprise Registration & Licensing System; there is no fee for that authorization. Resigning a commission also terminates any existing registration as an electronic notary, remote online notary, or remote ink notary, so those registrations are tied to an active commission.

Non-resident notaries in West Virginia

West Virginia addresses out-of-state applicants. A person who is not a West Virginia resident may still be appointed if they are a resident of another state who works at an office address within West Virginia, and who otherwise meets the eligibility requirements.