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Fees and Compensation Flashcards

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  1. A Montana notary charges $5 for an acknowledgment and $5 for a jurat performed for the same signer in the same sitting. Is this permissible?

    Answer: Yes, because each is a separate and distinct notarial act

    An acknowledgment and a jurat are two distinct notarial acts, so each may be charged up to the $5 maximum independently.

  2. A Montana notary notarizes a document for a nonprofit organization and wants to waive the fee. Must the notary record the waived fee anywhere?

    Answer: No statutory requirement exists to record a fee waiver, though journal entries should note the transaction

    Montana does not require notaries to formally report or document fee waivers, but the notarial act itself should still appear in the journal.

  3. A signer claims a Montana notary overcharged them $3 above the statutory limit. Which agency would the signer most likely contact to file a complaint?

    Answer: The Montana Secretary of State's office

    The Montana Secretary of State oversees notary commissions and handles complaints about notarial misconduct, including fee violations.

  4. If a Montana notary charges a fee for performing an oath or affirmation, which amount is within the legal limit?

    Answer: $5

    Administering an oath or affirmation is a standard notarial act in Montana, and the $5 maximum applies to it just as it does to other acts.

  5. A Montana notary doubles as a legal document preparation service. Can the notary bundle notarial fees with document preparation fees?

    Answer: Only if the notarial fee is clearly itemized separately from preparation fees

    When a notary offers additional services, the notarial fee must be separately identified so it is clear the notarial charge does not exceed the statutory cap.

  6. A signer requests that a Montana notary perform an act but demands the notary accept barter (e.g., goods) instead of money. Is the notary permitted to accept this arrangement?

    Answer: Yes, the notary may accept non-monetary compensation as long as the equivalent value does not exceed $5

    Montana law caps the value of compensation per notarial act at $5 but does not restrict compensation exclusively to cash, so equivalent-value barter is permissible.

  7. A Montana notary performs ten notarial acts in one day. All are for separate clients. What is the maximum total amount the notary may legally collect in fees for that day?

    Answer: $50

    With a $5 maximum per notarial act and ten separate acts, the maximum legal total for that day is $50.