§29C-9-101 Uniform application of chapter; validation of good faith notarial acts; nonliability for good faith notarial acts. - West Virginia Statutes

§29C-9-101. Uniform application of chapter; validation of good faith notarial acts; nonliability for good faith notarial acts.
This article is to prevent or redress problems which might be caused by notaries public who in good faith performed notarial acts in substantial compliance with the laws which were replaced by the uniform notary act, chapter twenty- nine-c of this code, during a forgiveness period which begins with the effective date of that act and ends with the effective date of this section.

With respect to notarial acts performed in good faith and in substantial compliance with prior law during the forgiveness period:

(a) Instruments so notarized shall be conclusively presumed to have been validly notarized;

(b) Notaries public and all parties to such notarial acts shall be immune from civil and criminal liabilities for such acts or the consequences of such acts. The rebuttable presumption created by section nine, article seven, chapter fifty-five of the code, that any violation of a statute which proximately causes injury constitutes negligence, does not apply; and

(c) The retrospective application of this section applies to all litigation which has not been fully adjudicated, including cases pending on appeal. This section does not apply to notarial acts performed prior to or subsequent to the forgiveness period.

The purposes of this article are remedial and shall be construed liberally to accomplish the purposes set forth herein.