West Virginia § 39-4-32 Liability of notary and of an employer of notary

West Virginia Statutes

§ 39-4-32 — Liability of notary and of an employer of notary

West Virginia·Ch. 39 RECORDS AND PAPERS·Art. 4 REVISED UNIFORM LAW ON NOTARIAL ACTS

(a)A notary public is liable to the persons involved for all damages proximately caused by the notary's official misconduct.

(b)The employer of a notary public is also liable to the persons involved for all damages proximately caused by the notary's official misconduct, if:

(1)The notary public was acting within the scope of his or her employment at the time he or she engaged in the official misconduct; and

(2)The employer consented to the notary public's official misconduct.

(c)It is not essential to a recovery of damages that a notary's official misconduct be the only proximate cause of the damages.

(d)For the purposes of this section, the term "official misconduct" means any act or conduct that:

(1)May result in the denial, refusal to renew, revocation, suspension or condit

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(a) A notary public is liable to the persons involved for all damages proximately caused by the notary's official misconduct.

(b) The employer of a notary public is also liable to the persons involved for all damages proximately caused by the notary's official misconduct, if:

(1) The notary public was acting within the scope of his or her employment at the time he or she engaged in the official misconduct; and

(2) The employer consented to the notary public's official misconduct.

(c) It is not essential to a recovery of damages that a notary's official misconduct be the only proximate cause of the damages.

(d) For the purposes of this section, the term "official misconduct" means any act or conduct that:

(1) May result in the denial, refusal to renew, revocation, suspension or condition commission of a notary public pursuant to section twenty-one of this article; or

(2) Is prohibited by section twenty-three of this article.

West Virginia § 39-4-32 (Liability of notary and of an employer of notary) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.