KS Notary Fees and Charges 2 — Questions and Answers
Question 1: A Kansas notary performs 8 notarial acts during a single appointment. What is the maximum total notarial fee the notary may lawfully collect?
- $8.00
- $12.00
- $16.00 (Correct answer)
- $20.00
Correct answer: $16.00
At the maximum of $2 per notarial act, eight acts multiplied by $2 equals a maximum lawful fee of $16.
Question 2: Which statement best describes the legal nature of the $2 notarial fee under Kansas law?
- A mandatory minimum that must always be charged
- A fixed flat fee that cannot be adjusted up or down
- A maximum fee per notarial act that may not be exceeded (Correct answer)
- A suggested fee that parties may negotiate upward by mutual agreement
Correct answer: A maximum fee per notarial act that may not be exceeded
The $2 fee is a statutory maximum per notarial act; notaries may charge less but are prohibited from charging more.
Question 3: A Kansas notary agrees to travel to notarize documents but fails to discuss a travel fee with the signer beforehand. After traveling 25 miles, can the notary demand a travel fee?
- Yes, travel expenses are always reimbursable when the notary travels
- No, a travel fee requires prior agreement and cannot be demanded after the fact (Correct answer)
- Yes, if the travel exceeded 15 miles round-trip
- Yes, but only the actual cost of fuel may be charged
Correct answer: No, a travel fee requires prior agreement and cannot be demanded after the fact
Without prior agreement from the signer, the notary cannot lawfully charge a travel fee, even if significant travel was involved.
Question 4: A signer asks a Kansas notary to help draft a power of attorney and then notarize it. The notary charges $2 for the notarization and $75 for document drafting. Is this lawful?
- Yes, as long as both fees are disclosed in advance
- Yes, notaries may charge market rates for document drafting services
- No, charging a document preparation fee constitutes unauthorized practice of law unless the notary is also a licensed attorney (Correct answer)
- No, but only if the signer reports the matter to the state bar
Correct answer: No, charging a document preparation fee constitutes unauthorized practice of law unless the notary is also a licensed attorney
Notaries who are not licensed attorneys cannot charge for document preparation, as doing so may constitute unauthorized practice of law.
Question 5: An employer commissions all HR staff as notaries for company use. An HR notary is asked by a neighbor to notarize a personal affidavit unrelated to company business on a weekend. May the notary charge the neighbor a fee?
- No, employer-commissioned notaries can never personally charge fees
- Yes, since the act is outside the scope of employment, the notary may charge the standard statutory fee (Correct answer)
- Yes, but only if the employer provides written approval
- No, the employer owns the notary commission and controls all fees
Correct answer: Yes, since the act is outside the scope of employment, the notary may charge the standard statutory fee
When a notary performs acts outside their employment duties and on personal time, they may charge the standard statutory fee to the requesting party.
Question 6: A Kansas notary charges $25 for an in-person acknowledgment on a real estate deed, arguing the document's complexity justifies the higher fee. Is this charge lawful?
- Yes, complex documents may justify a higher fee at the notary's discretion
- Yes, if both parties agree to the higher fee in writing
- No, the maximum in-person fee is $2 regardless of document complexity (Correct answer)
- No, but the notary may charge $25 only for remote online notarizations
Correct answer: No, the maximum in-person fee is $2 regardless of document complexity
The maximum fee for in-person notarial acts is $2 regardless of document type or complexity; $25 is the maximum only for remote online notarizations.
Question 7: A signer tells a Kansas notary that they cannot afford any fee for the notarization. What option does the notary have?
- The notary must collect the statutory fee and cannot legally waive it
- The notary must refer the signer to a government office for free notarization
- The notary may waive the fee at their own discretion since the $2 is a maximum, not a requirement (Correct answer)
- The notary must charge at least $1 to maintain compliance with fee statutes
Correct answer: The notary may waive the fee at their own discretion since the $2 is a maximum, not a requirement
Because $2 is the statutory maximum rather than a mandatory minimum, the notary has full discretion to waive or reduce the fee for any reason.
KS Notary Fees and Charges 2
A Kansas notary performs 8 notarial acts during a single appointment.
What is the maximum total notarial fee the notary may lawfully collect?