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Fees and Compensation Flashcards

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  1. A Montana notary works for a bank and is asked to notarize documents for a customer. The bank has a policy of not charging customers for notarizations. Can the notary charge the customer personally?

    Answer: No, the notary must follow the employer's policy

    Notaries who perform acts within their employment duties must comply with their employer's fee policies, which may prohibit personal fees.

  2. Which best describes the consequence a Montana notary may face for consistently overcharging signers above the statutory maximum?

    Answer: Suspension or revocation of their notary commission

    Overcharging is a violation of Montana notary law and can result in disciplinary action including suspension or revocation of the notary's commission.

  3. A Montana notary is asked to certify a copy of a document and charges $5. The signer later asks for a second certified copy and is charged another $5. Is this correct?

    Answer: Yes, each separate notarial act may be charged up to $5

    Each individual notarial act, including each certified copy, is a separate act that may be charged up to the $5 statutory maximum.

  4. Before performing a notarization, a Montana notary states their fee. The signer refuses to pay. What should the notary do?

    Answer: The notary may decline to perform the notarial act

    A notary is not obligated to perform a notarial act, and refusal of payment is a valid reason to decline, provided no discriminatory reason is involved.

  5. How should a Montana notary handle a situation where a signer cannot afford the notary fee?

    Answer: The notary may choose to waive or reduce the fee at their discretion

    Because the $5 cap is a maximum and not a minimum, the notary has full discretion to waive or reduce the fee for any signer.

  6. A Montana notary performs a remote online notarization (RON). Compared to in-person fees, what is generally true about RON fees under Montana law?

    Answer: RON fees may be set at a higher maximum than traditional in-person fees

    Montana's RON rules allow for a higher fee cap than the traditional $5 to account for technology costs and additional services involved.

  7. A Montana notary posts a fee schedule at their place of business. Under state law, is this practice recommended or required?

    Answer: It is recommended as a best practice for transparency but not mandated by statute

    While not strictly mandated by statute, posting a fee schedule is widely recommended to avoid disputes and to promote transparency with signers.