AR Notary AR-Notary Notary Public Fees and Charges 3 — Questions and Answers
Question 1: How does the fee limit for an Arkansas remote online notarization compare to a traditional in-person notarization?
- Remote online notarizations may be charged at a higher statutory maximum than the $5.00 in-person cap (Correct answer)
- Both are capped at exactly $5.00
- Remote online notarizations must be performed for free
- There is no legal limit on either type of act
Correct answer: Remote online notarizations may be charged at a higher statutory maximum than the $5.00 in-person cap
Arkansas law allows a higher maximum fee for remote online notarizations because of the added technology costs involved.
Question 2: A customer offers an Arkansas notary a $50 tip for 'quick service' on a single jurat. What should the notary do?
- Decline amounts above the lawful fee, since accepting more than the statutory maximum for the act is prohibited (Correct answer)
- Accept it as long as it is called a gratuity
- Accept it and report half to the Secretary of State
- Accept it only if paid by check
Correct answer: Decline amounts above the lawful fee, since accepting more than the statutory maximum for the act is prohibited
Accepting compensation above the statutory cap for a notarial act constitutes overcharging regardless of what the payment is called.
Question 3: Which cost is paid to the Arkansas Secretary of State rather than kept as notary income?
- The notary commission application fee (Correct answer)
- The $5.00 acknowledgment fee
- A signer's travel reimbursement
- A loan-signing agent's package fee
Correct answer: The notary commission application fee
The application fee for a commission goes to the Secretary of State, while notarial act fees are income the notary may keep.
Question 4: An Arkansas notary wants to keep records of fees collected. Why is recording fees in a journal considered a best practice?
- It documents that charges stayed within legal limits and supports the notary in any fee dispute (Correct answer)
- It is required before the notary can cash any payment
- It allows the notary to charge interest on unpaid fees
- It replaces the need for a notarial certificate
Correct answer: It documents that charges stayed within legal limits and supports the notary in any fee dispute
A fee entry in the journal provides evidence of lawful charging if a complaint or dispute arises.
Question 5: A notary advertises 'notarizations - $5 per signature notarized.' A document has two signers, each signing once, with two notarial certificates. What may the notary charge?
- Up to $10.00, because two separate notarial acts are performed (Correct answer)
- Only $5.00, because it is one document
- Up to $20.00, because each page counts
- Nothing, because multiple signers make the act free
Correct answer: Up to $10.00, because two separate notarial acts are performed
Each signer's notarization is a separate notarial act, each chargeable up to the $5.00 cap.
Question 6: Which of the following may an Arkansas notary NOT charge a fee for?
- Preparing or selecting legal documents for a signer, which would be unauthorized practice of law (Correct answer)
- Performing an acknowledgment
- Administering an oath with a jurat
- A pre-agreed travel charge to a signer's home
Correct answer: Preparing or selecting legal documents for a signer, which would be unauthorized practice of law
A non-attorney notary cannot prepare legal documents or give legal advice, so no fee may be charged for such services.
Question 7: A signer cannot afford the fee for notarizing an important affidavit. What may the Arkansas notary lawfully do?
- Waive or reduce the fee at the notary's discretion (Correct answer)
- Refuse service, since fees are mandatory
- Charge double to the next customer to make up the loss
- Bill the Secretary of State for the difference
Correct answer: Waive or reduce the fee at the notary's discretion
Because fees are optional, the notary may lawfully waive or reduce them for any signer.
AR Notary AR-Notary Notary Public Fees and Charges 3
How does the fee limit for an Arkansas remote online notarization compare to a traditional in-person notarization?