OR Notary Oregon Notary Fees and Charges 2 — Questions and Answers
Question 1: An Oregon notary charges $12 for a single in-person acknowledgment. Which of the following best describes this action?
- Lawful because acknowledgments have a higher fee cap
- Unlawful because it exceeds the $10 per-act maximum (Correct answer)
- Lawful if the signer agrees in writing
- Unlawful only if the signer files a complaint
Correct answer: Unlawful because it exceeds the $10 per-act maximum
Charging $12 for an in-person notarial act violates ORS 194.505, which caps the fee at $10 per act regardless of signer consent.
Question 2: A notary completes a remote online notarization (RON) for a client. The notary charges $25. Which of the following is correct?
- The fee is unlawful; RON fees are capped at $10
- The fee is lawful; $25 is the maximum allowed for RON acts (Correct answer)
- The fee is lawful only if the client is out of state
- The fee is unlawful; RON acts must be free of charge
Correct answer: The fee is lawful; $25 is the maximum allowed for RON acts
ORS 194.505 permits a maximum fee of $25 for each notarial act performed using communication technology such as RON.
Question 3: Which of the following fees may an Oregon notary charge IN ADDITION to the per-act fee?
- A certification fee for using an official seal
- A reasonable travel fee disclosed before the act (Correct answer)
- An administrative fee for maintaining the notary journal
- A technology surcharge for electronic signatures
Correct answer: A reasonable travel fee disclosed before the act
Oregon allows notaries to charge a reasonable travel fee in addition to the notarial act fee, provided it is disclosed to the signer beforehand.
Question 4: A signer asks an Oregon notary to perform three jurats and two acknowledgments during a single visit. What is the maximum fee the notary may charge for the five notarial acts combined?
- $10
- $30
- $50 (Correct answer)
- $70
Correct answer: $50
Each of the five notarial acts carries a maximum of $10, so 5 × $10 = $50 is the total maximum fee allowed.
Question 5: What happens if an Oregon notary charges a fee higher than the statutory maximum?
- The notary may face disciplinary action including revocation of commission (Correct answer)
- The notary simply refunds the excess to the signer
- Nothing, because fee violations are not actionable
- The notary must pay a fine equal to double the overcharge to the state
Correct answer: The notary may face disciplinary action including revocation of commission
Overcharging for notarial acts is a violation of Oregon notary law and can result in disciplinary action, including commission revocation.
Question 6: An Oregon notary who also works as a paralegal at a law firm is asked to notarize documents for the firm's clients during office hours. The firm's policy is that notarizations are provided free of charge. What should the notary do?
- Charge the maximum statutory fee regardless of employer policy
- Follow the employer's no-fee policy, as employers may restrict fee collection (Correct answer)
- Charge a reduced fee of $5 per act as a compromise
- Resign as a notary if the employer prohibits fees
Correct answer: Follow the employer's no-fee policy, as employers may restrict fee collection
Oregon law allows an employer to direct an employed notary not to charge fees for notarial acts performed in the scope of employment.
Question 7: Which of the following statements about Oregon notary fees is FALSE?
- Notaries may charge up to $10 per in-person notarial act
- Notaries may charge up to $25 per RON act
- Notaries must always charge the maximum allowed fee (Correct answer)
- Employers may prohibit notaries from charging fees during work hours
Correct answer: Notaries must always charge the maximum allowed fee
Oregon notaries are never required to charge fees; the statute sets a maximum ceiling, not a mandatory amount.
An Oregon notary charges $12 for a single in-person acknowledgment.
Which of the following best describes this action?