Notary Public Exam Fees, Bonds and Commission Requirements 2 — Questions and Answers
Question 1: A notary keeps a fee record showing the amount charged for each act. Why is this practice important?
- It is required for tax purposes only
- It demonstrates compliance with the state's fee limits and supports the notary's records if a complaint arises (Correct answer)
- It allows the notary to raise fees later
- It replaces the need for a journal
Correct answer: It demonstrates compliance with the state's fee limits and supports the notary's records if a complaint arises
Documenting the fee for each act shows that the notary stayed within statutory limits and provides evidence if a signer later disputes the charge. Many states require the fee to be noted in the journal.
Several states explicitly require the notary to record the fee charged, or note that no fee was charged, for each entry in the journal. Even where not required, keeping an accurate fee record is a best practice: it protects the notary against accusations of overcharging, helps distinguish notarial fees from other services such as travel, and provides clear income records. Some states also require a notary to post a fee schedule in a conspicuous place if fees are charged.
Question 2: May a notary refuse to perform a notarial act because the signer will not pay the fee?
- No, a notary must always perform the act for free
- Yes, in most states a notary may decline service if the lawful fee is not paid, as long as refusal is not based on unlawful discrimination (Correct answer)
- Only if the notary works for a bank
- Only for documents over ten pages
Correct answer: Yes, in most states a notary may decline service if the lawful fee is not paid, as long as refusal is not based on unlawful discrimination
In most states a notary may condition service on payment of the lawful fee. A notary may not, however, refuse service for discriminatory reasons or in ways that violate state law.
Notaries are permitted to charge for their services, and nonpayment is generally a legitimate reason to decline. What a notary may not do is refuse service based on a signer's race, religion, national origin, or other protected characteristic, or refuse because of the notary's disagreement with the document's content. Some states impose an affirmative duty to serve the public when a lawful request is made and the fee is tendered. A notary employed by a business may have employer-set policies, but the employer cannot compel the notary to break the law.
Question 3: Which of the following is typically a requirement to obtain a notary commission in most states?
- A law degree
- Being at least 18 years old and a legal resident of, or employed in, the state (Correct answer)
- Ownership of a business
- Membership in a national notary association
Correct answer: Being at least 18 years old and a legal resident of, or employed in, the state
Common baseline requirements include minimum age (usually 18), residency in or employment within the state, and the absence of disqualifying criminal convictions. Some states also require an exam and training.
While specifics vary, most states require applicants to be at least 18, to reside in the state (or in some states to work there), to be able to read and write English, and to have no felony convictions or convictions involving dishonesty. Some states add a training course, an exam, a background check, a bond, and an oath of office filed with a county official. A law degree or professional membership is never required. A notary who moves out of state or stops meeting the requirements generally must notify the commissioning authority and may have to resign the commission.
Question 4: In many states, which document must a newly commissioned notary file with a county or state official before performing any notarial acts?
- A copy of the notary's tax return
- The oath of office and, where required, the surety bond (Correct answer)
- A list of expected clients
- A sample notarized document
Correct answer: The oath of office and, where required, the surety bond
Many states require the notary to take and file an oath of office, often together with the bond, within a set time after the commission is issued. Failing to file on time can void the commission.
Because a notary is a public officer, many states require the notary to swear or affirm an oath of office before beginning to act. The oath, and in bond states the bond itself, is typically filed with the county clerk or the Secretary of State within a statutory window, for example 30 days after the commission date. If the deadline is missed, the commission may be void and the applicant must reapply. Not every state uses this procedure, so notaries must follow their own state's process.
Question 5: A notary's commission is about to expire. What must the notary generally do to continue notarizing?
- Nothing; commissions renew automatically
- Apply for renewal before expiration and, where required, obtain a new bond and seal (Correct answer)
- Simply cross out the old date on the seal
- Ask a client to vouch for them
Correct answer: Apply for renewal before expiration and, where required, obtain a new bond and seal
Commissions do not renew automatically. The notary must submit a renewal application and meet current requirements, which in many states include a new bond, a new seal showing the new expiration date, and sometimes a new exam.
A renewed commission is a new appointment with a new expiration date. Because the seal must show the current expiration date in most states, the notary usually needs a new seal, and bond states require a fresh bond covering the new term. States with exam requirements may require the exam to be retaken. Notarizing during any gap between expiration and renewal is acting without authority. Prudent notaries begin the renewal process well before expiration to avoid a lapse.
Question 6: Which statement about the amount of a notary bond is correct?
- Every state requires a $100,000 bond
- The required amount, if any, is set by each state's law and varies widely (Correct answer)
- The notary chooses any amount
- The bond amount equals the notary's annual income
Correct answer: The required amount, if any, is set by each state's law and varies widely
Bond requirements vary by state. Some states require no bond at all, while others set a fixed statutory amount that differs from state to state.
There is no national bond standard for notaries. Roughly half of the states require a surety bond, and among those the required amount differs from state to state; the rest require no bond. The bond amount is a statutory figure set by the legislature and is unrelated to the notary's income. A notary should verify the current requirement with the commissioning authority rather than relying on figures from another state or from older training materials.
Notary Public Exam Fees, Bonds and Commission Requirements 2
A notary keeps a fee record showing the amount charged for each act.
Why is this practice important?