IN Notary Fees and Prohibited Acts 2 — Questions and Answers
Question 1: What is the maximum fee an Indiana notary may charge for each notarial act?
- $5.00
- $10.00 (Correct answer)
- $15.00
- $25.00
Correct answer: $10.00
Under Indiana law, the maximum fee for a notarial act is $10.00 per act.
Indiana Code 33-42-13 sets the maximum fee an Indiana notary public may charge for each notarial act at $10.00. This fee cap applies to each individual act — for example, if a document requires two separate notarial acts (such as two acknowledgments for two different signers), the notary may charge up to $10.00 for each act. The notary may charge less and may decline to charge at all, but may not exceed $10.00 per act regardless of the complexity or length of the document.
Question 2: An Indiana notary charges $15 per notarial act because they believe their experience warrants a higher rate. Is this permissible?
- Yes, notaries can set their own fees based on experience and market rates
- Yes, if the signer agrees in writing to the higher fee
- No, the maximum fee is set by statute and cannot be exceeded regardless of experience (Correct answer)
- No, but they can charge $15 if they provide additional services alongside notarization
Correct answer: No, the maximum fee is set by statute and cannot be exceeded regardless of experience
Indiana's statutory fee cap of $10 per act cannot be exceeded regardless of the notary's experience or any agreement with the signer.
Indiana Code 33-42-13 establishes a hard cap on notary fees — notaries may charge no more than $10.00 per notarial act. This statutory maximum applies universally and cannot be waived or exceeded by agreement between the notary and the signer. Experience level, document complexity, or any other factor does not justify exceeding the cap. Charging more than the statutory maximum is a violation of Indiana notary law and may result in disciplinary action against the notary's commission.
Question 3: Which of the following is a prohibited act for an Indiana notary?
- Charging a fee for notarial services
- Advertising notarial services in a language other than English
- Using the term 'notario publico' in advertising directed to Spanish-speaking communities without required disclaimers (Correct answer)
- Performing notarial acts outside of business hours
Correct answer: Using the term 'notario publico' in advertising directed to Spanish-speaking communities without required disclaimers
Indiana prohibits using 'notario publico' or similar terms in advertising to Spanish-speaking communities without a disclaimer that the notary is not an attorney.
Indiana Code 33-42-14 prohibits notaries from engaging in misleading advertising, including using the term 'notario publico' or similar foreign-language equivalents in a context that might lead members of the public to believe the notary can practice law or provide immigration legal services. In many Latin American countries, a 'notario publico' is a licensed attorney with broad legal powers. If the term is used in advertising, Indiana requires a clear disclaimer stating that the notary is not an attorney and cannot provide legal advice. Charging fees, advertising in other languages, and working outside business hours are all permissible.
Question 4: An Indiana notary refuses to perform a notarial act unless the signer pays a fee in advance. Is this allowed?
- No, Indiana law requires notaries to perform acts before receiving payment
- Yes, requiring advance payment is permissible as long as the fee does not exceed the statutory maximum (Correct answer)
- No, notaries must always provide services free of charge
- Yes, but only for remote online notarizations
Correct answer: Yes, requiring advance payment is permissible as long as the fee does not exceed the statutory maximum
Indiana notaries may require payment in advance as long as the fee charged does not exceed $10 per notarial act.
Indiana law sets the maximum fee a notary may charge but does not specify when payment must be collected. Requiring advance payment is a business practice that Indiana law does not prohibit, as long as the fee amount complies with the $10 per act statutory cap. What is prohibited is charging more than the maximum or demanding excessive fees. A notary may also choose to waive fees entirely, particularly when employed by an organization that has instructed them to notarize for free as part of their job duties.
Question 5: What must an Indiana notary do if their employer directs them to notarize a document in which the employer has a financial interest?
- Notarize it freely, since employer instructions override notary obligations
- Refuse, because a notary must never notarize documents in which they personally have a financial interest
- Check whether they personally have a financial interest — an employer's interest alone does not automatically disqualify the notary (Correct answer)
- Refer all such documents to a different notary to avoid any appearance of conflict
Correct answer: Check whether they personally have a financial interest — an employer's interest alone does not automatically disqualify the notary
The disqualifying conflict of interest relates to the notary's personal financial interest, not merely the employer's interest in a document.
Indiana notary law prohibits notaries from notarizing a document in which they have a direct personal financial interest. However, an employer's financial interest in a document does not automatically disqualify an employed notary, unless the notary also has a personal financial stake. For example, a bank employee notary may notarize the bank's mortgage documents without conflict, because the bank has the interest — not the individual notary personally. The notary must evaluate their own personal interest, not their employer's.
Question 6: An Indiana notary is asked to notarize a blank form where information will be filled in later. What should the notary do?
- Complete the notarization since the signer will fill it in accurately later
- Refuse to notarize incomplete documents, as this is a prohibited act (Correct answer)
- Notarize only if the signer is a trusted acquaintance
- Add a note to the certificate that the document was blank at the time of notarization
Correct answer: Refuse to notarize incomplete documents, as this is a prohibited act
Notarizing a blank or incomplete document is prohibited because it facilitates potential fraud and the notary cannot certify facts about unknown future content.
Indiana notary law prohibits notarizing documents that are blank or incomplete. The notarial certificate is intended to certify specific facts about a specific, completed document. Notarizing a blank form leaves room for fraudulent completion after the notarization, which would give false legitimacy to fabricated content. This protection extends to all notarial acts. If a signer presents an incomplete document, the notary must decline and instruct the signer to complete the document before returning for notarization.
IN Notary Fees and Prohibited Acts 2
What is the maximum fee an Indiana notary may charge for each notarial act?