NE Notary Maximum Allowable Notary Fees 3 — Questions and Answers
Question 1: An employer directs a notary employee to notarize documents for customers during work hours. May the employer establish policies about fee collection?
- No, only the Secretary of State can regulate notary fees
- Yes, employers may set workplace policies governing fee collection by employee notaries (Correct answer)
- Only if the employer is a government agency
- Only if the employer pays the notary's bond premium
Correct answer: Yes, employers may set workplace policies governing fee collection by employee notaries
Private employers may establish workplace policies about whether and how employee notaries collect fees for services performed on company time.
Question 2: A Nebraska notary travels to a client's office to perform notarial acts. In addition to the per-act fee, what may the notary charge?
- Nothing; only the $5 per-act fee is ever authorized
- A reasonable travel fee separate from the notarial fee (Correct answer)
- A minimum flat travel fee of $25
- Up to an additional $5 per mile traveled
Correct answer: A reasonable travel fee separate from the notarial fee
Nebraska notaries may charge a reasonable travel fee in addition to the per-act fee when they travel to perform notarial services.
Question 3: A notary charges $10 for a single acknowledgment. What violation has occurred?
- Unlicensed practice of law
- Exceeding the statutory maximum notary fee (Correct answer)
- Failure to maintain a proper notary journal
- No violation if the client signed a fee agreement beforehand
Correct answer: Exceeding the statutory maximum notary fee
Charging more than $5 for a single notarial act violates Nebraska's maximum fee statute regardless of any prior client agreement.
Question 4: May a Nebraska notary refuse to perform a notarial act because the client is unable to pay the fee?
- No, notaries must perform all requested notarial acts regardless of payment
- Yes, notaries may decline if a client is unwilling or unable to pay (Correct answer)
- Only if the refusal is documented in the notary journal
- Only if the notary has posted a written fee schedule in advance
Correct answer: Yes, notaries may decline if a client is unwilling or unable to pay
A notary is not obligated to perform services without compensation and may decline if a client is unwilling or unable to pay.
Question 5: A document has four signers, each requiring a separate acknowledgment. How many fee charges may the Nebraska notary collect?
- One total fee of $5 for the entire document
- Up to $5 per acknowledgment, one charge per signer (Correct answer)
- A flat $10 regardless of the number of signers
- Two fee charges maximum per document
Correct answer: Up to $5 per acknowledgment, one charge per signer
Each signer's acknowledgment is a separate notarial act, and each may be charged up to the $5 maximum, for a total of up to $20.
Question 6: A client requests a written receipt for notary fees paid. Is a Nebraska notary required to provide one?
- Yes, Nebraska law requires a written receipt for all notary fees collected
- No, receipts are optional but considered good professional practice (Correct answer)
- Only if the fee exceeds $25
- Only for remote online notarization transactions
Correct answer: No, receipts are optional but considered good professional practice
Nebraska law does not mandate written receipts for notary fees, though providing one is a professional best practice.
Question 7: Which of the following is NOT a legitimate basis for charging a $5 notary fee in Nebraska?
- Performing an acknowledgment
- Administering an oath or affirmation
- Certifying a true copy of a document
- Being on standby but completing no actual notarial act (Correct answer)
Correct answer: Being on standby but completing no actual notarial act
Nebraska notary fees are charged for completed notarial acts; merely being available without performing an act does not justify a fee.
NE Notary Maximum Allowable Notary Fees 3
An employer directs a notary employee to notarize documents for customers during work hours.
May the employer establish policies about fee collection?