West Virginia e-signature and notarization law

West Virginia's electronic signature law: the Uniform Electronic Transactions Act (W. Va. Code ch. 39A, art. 1 (§§ 39A-1-1 et seq.)). Electronic signatures are also valid under the federal ESIGN Act for most transactions. Some documents are excluded, such as wills, divorce and adoption documents, court orders and certain official notices.

The fuller federal list is in our guide to e-signing in the United States.

What West Virginia's e-signature law does not cover

W. Va. Code § 39A-1-3 says the chapter does not apply to transactions governed by:

• A law governing the creation and execution of wills, codicils or testamentary trusts.
• The Uniform Commercial Code, other than sections 107 and 206 of article 1, chapter 46, and articles 2 and 2-A of that chapter.

How West Virginia's law treats electronic records

West Virginia's section 39A-1-7 says that if a law requires a record to be in writing, an electronic record satisfies the law.

Remote online notarization in West Virginia

Remote online notarization: allowed in West Virginia since June 17, 2021.

W. Va. Code § 39-4-37 says a notary public located in West Virginia may perform a notarial act using communication technology for a remotely located individual.

West Virginia notaries do not take a separate commission for this. What the section requires is advance notice to the Secretary of State that the notary will be performing notarial acts for remotely located individuals.

The section came from the Enrolled Committee Substitute for Senate Bill 469 of 2021, which took effect ninety days from passage, on June 17, 2021.

A West Virginia notary may identify a signer by at least two different types of identity proofing. The audio-visual recording is kept for at least five years after it is made.

Signers abroad face a West Virginia twist. The notary must be commissioned as an Out-of-State Commissioner, and the record must relate to a matter before a body subject to West Virginia's jurisdiction or involve property in, or a transaction substantially connected with, West Virginia.

The maximum fee is $10.00 for each signature notarized. Remote ink notarization has its own section, § 39-4-38.

SignAndGo doesn't notarize documents. A commissioned notary does that, using a remote notarization platform where the state allows it.

Where to read West Virginia's law

• Electronic signatures: W. Va. Code ch. 39A, art. 1 (§§ 39A-1-1 et seq.), exclusions at § 39A-1-3.
• Remote notarization: W. Va. Code § 39-4-37.

Checked against West Virginia's published law on November 2, 2026. This is general information, not legal advice.