NC Notary Fees and Commission Changes 4 — Questions and Answers
Question 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?
- No, fees may only be charged for completed notarial acts
- Yes, the notary may charge a fee for the attempt even if the act was not completed (Correct answer)
- Only if the signer consented to the fee in writing beforehand
- Only if the notary traveled to meet the signer
Correct 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.
Question 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?
- The notary must follow the employer's no-fee policy regardless of who the customer is (Correct answer)
- The notary may charge the brother privately since he is not a bank customer
- The notary must refuse to notarize because the no-fee policy creates a conflict
- The employer's policy is unenforceable; the notary may always charge the statutory maximum
Correct 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.
Question 3: What is the maximum fee a North Carolina notary may charge for a single remote online notarial act (RON)?
- $5
- $10
- $25 (Correct answer)
- $50
Correct 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.
Question 4: A notary performs five separate notarial acts on the same document for the same signer at one sitting. How should fees be calculated?
- One fee total, since it was a single sitting
- One fee per document, regardless of how many acts were performed
- One fee per notarial act performed, up to the statutory maximum per act (Correct answer)
- No fee is permitted when multiple acts are performed on the same document
Correct 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.
Question 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?
- The attorney-notary may bundle the notary fee into legal fees without restriction
- The notary fee portion must not exceed the statutory maximum even when bundled with legal fees (Correct answer)
- Attorney-notaries are exempt from the notary fee cap when acting within a legal representation
- The $200 charge is permissible if disclosed on the engagement letter
Correct 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.
Question 6: May a North Carolina notary charge a fee that is lower than the statutory maximum, or must they always charge the full amount?
- Notaries must charge exactly the statutory maximum to ensure uniformity
- Notaries may charge any amount up to and including the statutory maximum, or waive the fee entirely (Correct answer)
- Notaries may only reduce the fee for nonprofit organizations
- Notaries may charge less only if the signer requests a reduced fee in writing
Correct 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.
Question 7: If a NC notary charges a fee that exceeds the statutory maximum, what is the most likely consequence?
- The excess amount must be refunded but no other penalty applies
- The notary may face disciplinary action including revocation of their commission (Correct answer)
- The notarial act is automatically void
- The signer must file a complaint within 30 days or the overcharge is waived
Correct 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.
NC Notary Fees and Commission Changes 4
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?