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Fees and Commission Changes Flashcards

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  1. A North Carolina notary begins a notarial act but is unable to complete it because the signer's identity cannot be satisfactorily verified. May the notary charge a fee?

    Answer: Yes, the notary may charge a fee for the attempt even if the act was not completed

    Under NC law, a notary may charge a fee for an attempted notarial act even if it cannot be completed, since the notary's time and effort were expended.

  2. A NC notary's employer is a bank that has a policy prohibiting employees from charging notary fees to bank customers. The notary's brother comes in and asks for a notarization. What is the correct approach?

    Answer: The notary must follow the employer's no-fee policy regardless of who the customer is

    An employer may lawfully restrict or prohibit a notary employee from charging fees, and the notary must comply with that workplace policy.

  3. What is the maximum fee a North Carolina notary may charge for a single remote online notarial act (RON)?

    Answer: $25

    NC General Statutes § 10B-131 sets the maximum fee for a remote online notarial act at $25, which is higher than the $10 maximum for in-person acts.

  4. A notary performs five separate notarial acts on the same document for the same signer at one sitting. How should fees be calculated?

    Answer: One fee per notarial act performed, up to the statutory maximum per act

    Fees in NC are assessed per notarial act, not per document or per sitting, so a notary may charge the maximum for each separate act performed.

  5. A NC notary who is also a licensed attorney charges a client $200 for notarizing a document as part of broader legal services. Which statement best describes this situation?

    Answer: The notary fee portion must not exceed the statutory maximum even when bundled with legal fees

    Even when an attorney performs notarial acts as part of legal representation, the notarial fee component may not exceed the statutory maximum set by NC law.

  6. May a North Carolina notary charge a fee that is lower than the statutory maximum, or must they always charge the full amount?

    Answer: Notaries may charge any amount up to and including the statutory maximum, or waive the fee entirely

    The statutory maximum is a ceiling, not a required amount; notaries have full discretion to charge less or nothing at all.

  7. If a NC notary charges a fee that exceeds the statutory maximum, what is the most likely consequence?

    Answer: The notary may face disciplinary action including revocation of their commission

    Charging fees above the statutory maximum is a violation of the NC Notary Public Act and can result in disciplinary action, including commission revocation.