Notary Fees and Compensation Flashcards

What is the consequence in Massachusetts for a notary who charges a fee for a notarial act they did not actually perform?

Answer: This could constitute fraud or theft and expose the notary to civil and criminal liability

Charging for services not rendered is fraudulent and could expose the notary to criminal charges for theft as well as civil liability.

May a Massachusetts government employee notary charge a fee for notarizations performed for the public during official duty hours?

Answer: No, government notaries are often required to provide free notarizations as part of their public service role

Many Massachusetts government agencies require employee notaries to perform free notarizations for the public as part of their public service duties.

Can a Massachusetts notary's fee schedule vary depending on the type of document being notarized?

Answer: Yes, a notary may charge different fees for different types of notarial acts or circumstances

Since Massachusetts does not set statutory fees, notaries may set their own fee schedules and may differentiate based on act type, complexity, or travel requirements.

If a Massachusetts notary is performing notarial acts as part of their employment duties, who typically retains the fees collected?

Answer: Often the employer, per employment agreement

When a notary performs services as part of their employment, the employment contract typically specifies that fees collected belong to the employer.

Is it ethical for a Massachusetts notary to quote one fee and then charge a higher fee after notarizing?

Answer: No, changing fees after the fact without prior agreement is unethical and potentially fraudulent

Changing fees after the service is rendered without prior disclosure is deceptive and violates basic consumer protection and professional ethics principles.

Can a Massachusetts notary's fee be paid by a third party rather than the signer?

Answer: Yes, a third party such as an employer, attorney, or title company may pay the notary's fee

There is no requirement that the signer personally pay the notary fee; third parties such as employers or clients frequently pay notary fees as part of a transaction.