A notary public must not charge or receive a fee for notary services over the maximum amount prescribed by state notary laws. A notary public must check state notary laws for the prescribed fees a notary public may charge in the performance of a notarial act.
Some states mandate that notaries post a fee schedule listing the fees a notary public may charge for notary services in a conspicuous place at all times in their respective offices. Some notaries merely create their own fee schedule. However, the private notary associations normally offer the state-required fee schedule for a set fee. Even if state notary laws do not require such display, this Association highly recommends that notaries post a fee schedule of what they can charge in a location visible to the public at all times.
Most states generally do not establish fees for mileage and/or travel expenses that a notary public may charge in the performance of a notarial act. In states where travel fees are not addressed in the notary laws, a notary may charge reasonable fees for mileage and/or travel expenses. However, the person requesting the notarization and the notary public should agree in advance regarding the additional fees charged for mileage and/or travel expenses.
Yes. The notary who charges travel fees should itemize such fees separately from those fees charged for the notarization. Generally, the notary statutes in most states mandate that notaries public may not charge or receive a fee for notary services over the maximum amount prescribed by state laws.
Most states prescribed the fees that a notary public may charge for the performance of a notarial act, but such notary laws do not prohibit a notary public from not charging a fee for the performance of a notarial act.
Yes. A notary public who charges or receives a fee for notary services over the maximum amount prescribed by state notary laws is subject to disciplinary actions by the state’s commissioning authority. In some states, overcharging for notary services carries civil and criminal liability.
Some states prohibit their notaries from charging or collecting a fee for notarizing a signature on any absentee ballot or absentee voter registration. Please consult with your state’s commissioning authority for further information regarding this subject matter.
It is not uncommon for an employer to pay for the notary commission of its employees and expect that such notaries provide notary services for the clients of the business, and any fees collected for such notarizations are retained by the employer. However, the fees collected after work hours for notary services are the property of the notary public.
Yes. Earnings received from notary services are considered earned income for the purposes of the United States Internal Revenue Services.
It is not uncommon for an employer to require its notaries public not to charge notarial fees for the employer’s customers/clients during business hours. We encourage notaries that if they do not charge their customers for notary services, they should have a fair and consistent policy of not charging notary fees to non-customers of the employer as well. Your state’s commissioning authority should be able to provide you with notary law information.
Most states set forth the fees a notary public may charge for notarial services. The notary public who charges more than the maximum fee prescribed by state law may lose his or her notary commission for such official misconduct. Contact the state’s commissioning authority for further information.
No, a notary cannot charge whatever price he or she wants. The notary statutes in most states mandate that notaries public may not charge or receive a fee for notary services over the maximum amount prescribed by state statute. The notary public who charges more than the maximum fee may lose his or her notary commission for such official misconduct. Contact the state’s commissioning authority for further information.
Legal disclaimer: The information provided on this page is for general informational purposes only and should not be relied upon as legal advice. We do not claim to be attorneys and we do not guarantee the accuracy, completeness, or reliability of the information provided. You should always seek the advice of a licensed attorney for any legal matters. It is your responsibility to know the appropriate notary laws governing your state. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, losses, damages, or expenses, howsoever arising, including, and without limitation, direct or indirect loss, or consequential loss, out of or in connection with the use of the information contained on any of the American Association of Notaries website pages. Notaries are advised to seek the advice of their state’s notary authorities or attorneys if they have legal questions.