MT Notary Fees and Compensation 2 — Questions and Answers
Question 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?
- No, the notary must follow the employer's policy (Correct answer)
- Yes, the notary's statutory right to $5 overrides employer policy
- Yes, as long as the total does not exceed $5
- No, because bank employees are prohibited from acting as notaries
Correct 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.
Question 2: Which best describes the consequence a Montana notary may face for consistently overcharging signers above the statutory maximum?
- Suspension or revocation of their notary commission (Correct answer)
- A warning letter only for the first offense
- A civil fine payable to the signer
- No consequence, as fee disputes are civil matters only
Correct 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.
Question 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?
- Yes, each separate notarial act may be charged up to $5 (Correct answer)
- No, the second copy is free because it is the same document
- No, the maximum for copy certifications is $2
- Yes, but only if the copies are made on different days
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.
Question 4: Before performing a notarization, a Montana notary states their fee. The signer refuses to pay. What should the notary do?
- The notary may decline to perform the notarial act (Correct answer)
- The notary must perform the act and pursue payment later
- The notary must reduce the fee to whatever the signer will pay
- The notary must report the signer to the Secretary of State
Correct 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.
Question 5: How should a Montana notary handle a situation where a signer cannot afford the notary fee?
- The notary may choose to waive or reduce the fee at their discretion (Correct answer)
- The notary must charge the full statutory maximum regardless
- The notary must refer the signer to a government office at no charge
- The notary is required to provide a payment plan
Correct 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.
Question 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?
- RON fees may be set at a higher maximum than traditional in-person fees (Correct answer)
- RON fees are prohibited entirely
- RON fees must match the $5 in-person cap exactly
- RON fees are governed solely by the technology vendor's pricing
Correct 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.
Question 7: A Montana notary posts a fee schedule at their place of business. Under state law, is this practice recommended or required?
- It is recommended as a best practice for transparency but not mandated by statute (Correct answer)
- It is required by statute before any fee may be charged
- It is prohibited because fees must be individually quoted
- It is required only when the notary's fee exceeds $3
Correct 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.
MT Notary Fees and Compensation 2
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?