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

West Virginia § 39-4-32

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

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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.

Legislative History

2014 Reg. Sess., HB4012