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Law

WV House Bill 2086

Notary Law Update: WV House Bill 2086

State: West Virginia

Summary:

West Virginia enacts the Uniform Real Property Electronic Act, allowing Notaries to use electronic signatures in notarizing real property records.

Signed:  March 25, 2020

Effective:  May 28, 2020

Chapter: 128

Affects:

Creates Sections 39A-4-1 through 39-A-7 of the West Virginia Code.

Changes:
  1. Enacts the Uniform Real Property Electronic Recording Act (URPERA).
  2. Defines terms.
  3. Provides for the validity of electronic documents. 
  4. Provides that a physical or electronic seal image does not need to accompany an electronic signature on a document that complies with the electronic notarization procedure under §39-4-19 of this code and §153 CSR 45.
  5. Allows Notaries to use electronic signatures in notarizing electronic real property documents.
  6. Requires the Secretary of State to establish the Real Property Electronic Recording Standards Advisory Committee and provides for the composition of the Committee.
Analysis:

West Virginia has enacted the Uniform Real Property Electronic Recording Act. The Act contains the stock notarization provision, permitting a Notary to use an electronic signature in notarizing any electronic real property document submitted for recording electronically with a county clerk. In performing an electronic notarial act, a Notary is not required to place an image of a Notary seal on the electronic document as long as the information within the seal is placed on the document as required by West Virginia Code § 39-4-19 and Chapter 153-45 of the West Virginia Code of State Rules. The Act tasks the Secretary of State to create the Real Property Electronic Recording Standards Advisory Committee to publish rules for implementing the Act. HB 2086 also includes the so-called “security provision,” requiring the electronic recording commission to consider promulgating standards for electronic recording that render electronic documents resistant to tampering.

Read the bill text.

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