Free AR-Notary Notary Public Fees and Charges Questions and Answers 1 — Questions and Answers
Question 1: What is the maximum fee an Arkansas notary public may charge for a single notarial act?
- $2.50
- $5.00 (Correct answer)
- $10.00
- A reasonable amount determined by the notary
Correct answer: $5.00
Arkansas Code § 21-14-107(a) explicitly states that the maximum fee for any single notarial act is five dollars ($5.00). This fee applies to acts such as taking an acknowledgment, administering an oath, or executing a jurat.
Question 2: According to Arkansas law, what must a notary public do before charging a fee for a notarial service?
- Get verbal confirmation of the fee from the signer.
- File a fee schedule with the Secretary of State.
- Conspicuously display a list of the fees or provide the list upon request. (Correct answer)
- Record the fee charged in their notary journal.
Correct answer: Conspicuously display a list of the fees or provide the list upon request.
Arkansas law requires a notary to either display an English-language schedule of fees in a conspicuous location in their place of business or provide the schedule to any person upon request. This ensures transparency and informs the public of the costs associated with notarial services.
Question 3: Can an Arkansas notary charge an additional fee for traveling to perform a notarial act?
- No, all fees including travel are included in the $5.00 maximum.
- Yes, but the travel fee cannot exceed the fee for the notarial act.
- Yes, if the notary and the person requesting the service agree upon the travel fee in advance. (Correct answer)
- Yes, but only up to the federal mileage reimbursement rate.
Correct answer: Yes, if the notary and the person requesting the service agree upon the travel fee in advance.
While the fee for the notarial act itself is capped, a notary may charge a separate travel fee. This fee is not regulated by statute but must be agreed upon by both the notary and the signer before the travel occurs.
Question 4: What is the potential penalty for a notary who knowingly charges or collects a fee that is higher than the maximum allowed by Arkansas law?
- A written warning for the first offense.
- A fine of up to $1,000 and revocation of their commission. (Correct answer)
- Mandatory retraining at the notary's expense.
- A misdemeanor charge punishable by up to 30 days in jail.
Correct answer: A fine of up to $1,000 and revocation of their commission.
Overcharging for notarial services is a serious offense. A notary who knowingly charges more than the statutory maximum fee can face a civil penalty of up to $1,000 and may have their notary commission revoked by the Secretary of State.
Question 5: If a notary is an employee and performs notarial acts during business hours for their employer's business, who is entitled to the notary fees?
- The employer is always entitled to the fees.
- The notary is always entitled to the fees.
- The fees must be split 50/50 between the notary and employer.
- The employer, if there is a prior written agreement between the notary and the employer. (Correct answer)
Correct answer: The employer, if there is a prior written agreement between the notary and the employer.
By default, the notary is entitled to the fees collected. However, an employer may require the notary employee to remit the fees to them if there is a written agreement to that effect, signed by both parties before the notarial acts are performed.
Question 6: Is an Arkansas notary permitted to waive a fee for a notarial service?
- No, the notary must charge the full $5.00 fee for every act.
- Yes, a notary may choose to perform a notarial act for a fee less than, or equal to, the maximum, or for no fee at all. (Correct answer)
- Yes, but only for non-profit or religious organizations.
- No, waiving a fee is considered an unfair business practice.
Correct answer: Yes, a notary may choose to perform a notarial act for a fee less than, or equal to, the maximum, or for no fee at all.
The state law sets a maximum fee, not a required fee. Notaries have the discretion to charge any amount up to the $5.00 limit, or to waive the fee entirely as a courtesy or for charitable purposes.
Question 7: A signer asks you to take an acknowledgment and also administer an oath for the same document. How much can you charge in total?
- Up to $5.00
- Up to $7.50
- Up to $10.00 (Correct answer)
- Up to $2.50
Correct answer: Up to $10.00
Taking an acknowledgment and administering an oath are two separate and distinct notarial acts. Since the maximum fee for a single notarial act is $5.00, the notary can charge up to $5.00 for each act, for a total of $10.00.
Free AR-Notary Notary Public Fees and Charges Questions and Answers 1
What is the maximum fee an Arkansas notary public may charge for a single notarial act?