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West Virginia notary bond

West Virginia notary bond at a glance

Bond required
No (repealed)
Voluntary bond
$1,000, 5 years
Total cost, full term
$115
Statute
W. Va. Code § 39-4-20
Commissioning authority
West Virginia Secretary of State

Key takeaways

  • West Virginia no longer requires a notary bond by statute.
  • A voluntary $1,000 bond is available for employers and clients that require one, at $115 for the term.
  • West Virginia notaries remain personally liable for their notarial errors; Notary E&O insurance is the protection that matters.

West Virginia no longer requires a notary bond

West Virginia removed its notary bond requirement in 2018. West Virginia notaries remain personally liable for their notarial errors and misconduct. Surety One writes a voluntary five-year West Virginia notary bond for notaries who want or are asked to carry one.

What repeal did and did not change

Repealing the bond removed a filing requirement; it did not remove the notary's liability. A West Virginia notary who takes a defective acknowledgment, fails to identify a signer, or notarizes for a person who never appeared remains answerable in damages to anyone injured, and remains subject to discipline by the West Virginia Secretary of State. Before repeal a claimant could look to the surety for the first $1,000; now the claimant looks directly to the notary.

Why West Virginia notaries still buy a bond

West Virginia no longer requires a bond with the application. A voluntary bond may be purchased for the five-year term and provided to any employer or client that asks for one. Employers, title and escrow companies and signing services frequently require their notaries to be bonded as a matter of internal policy, and some out-of-state obligees ask for proof of a bond regardless of West Virginia law. Our voluntary West Virginia notary bond costs $115 for the term and is issued the same business day.

The coverage that actually protects you

Because no bond stands between a West Virginia notary and a claimant, Notary Errors & Omissions insurance is the product that matters. It pays claims for honest errors in official notarial acts, funds a defense, and does not have to be repaid. Limits from $10,000 to $100,000 or more are available for West Virginia notaries.

Remote notarization in West Virginia

West Virginia authorizes remote online notarization. No bond is required by the state.

Voluntary West Virginia bonds issue the same business day, or apply for Notary E&O alone.

Order a voluntary West Virginia bond Paper application (PDF)

West Virginia notary bond questions

Does West Virginia require a notary bond?

Not any longer. West Virginia removed its notary bond requirement in 2018. West Virginia notaries remain personally liable for their notarial errors and misconduct. Surety One writes a voluntary five-year West Virginia notary bond for notaries who want or are asked to carry one.

Why would I buy a voluntary West Virginia notary bond?

Some employers, title companies and signing services require their notaries to be bonded regardless of state law. A voluntary bond satisfies that request and costs $115 for the term.

What protects a West Virginia notary from claims?

Notary Errors & Omissions insurance. Because the state no longer requires a bond, the notary's personal exposure for notarial errors is uninsured unless an E&O policy is carried.