Legislation
State: West Virginia
Signed: March 27, 2018
Effective: June 03, 2018
Chapter: 220
SummaryHouse Bill 4207 establishes an online Notary commission application system, specifies the content of the oath an applicant must make on an application for a commission and eliminates the $1,000 "assurance" (bond, liability insurance) requirement.
AffectsAmends Section 39-4-20 of the West Virginia Code.
Changes
- Establishes an online Notary system through which an individual may apply to the Secretary of State for a Notary commission.
- Repeals the Notary "assurance" (surety bond, liability insurance) requirement and all provisions related to the assurance (including requirements that the Notary and surety company notify the Secretary of State upon canceling or making payments to claimants under the assurance).
- Specifies the oath on the commission application an applicant must swear under penalty of perjury before the commission is issued to the applicant.
AnalysisWhen West Virginia enacted the Revised Uniform Law on Notarial Acts (RULONA) in 2014, it put in place a new provision requiring a Notary to have a $1,000 "assurance." "Assurance" is the RULONA term for a bond or its functional equivalent. The state broadened the assurance requirement by allowing a commercial general liability policy or professional liability policy in addition to a bond. House Bill 4207 repeals the assurance provision so that effective June 3, 2018, applicants applying for a new or renewal commission will not be required to have one. HB 4207 also sets up an online application system and specifies the content for the oath or affirmation that an applicant must take under penalty of perjury that appears on the commission application.
Read House Bill 4207.