Fees & Charges Flashcards

A Pennsylvania notary is employed by a law firm and has a written agreement that all notary fees collected during business hours belong to the firm. The notary is called to a client's home after business hours to notarize a power of attorney. The notary charges the maximum state fee for the notarial act plus a travel fee. According to Pennsylvania law, who is presumptively the owner of the notarial fee in this scenario?

Answer: The notary, because the act was performed outside of the agreed-upon business hours.

Pennsylvania law presumes that notary fees are the property of the notary public. An exception exists if there is a mutual agreement between the notary and their employer for fees to be received by the employer. However, this agreement typically applies to acts performed within the scope of employment. Since the notarial act was performed after business hours, the presumption that the fee belongs to the notary holds unless the agreement explicitly states otherwise.

A notary is asked to 'note a protest of a negotiable instrument,' a less common notarial act. The instrument in question is a three-page document. According to the fee schedule set by the Pennsylvania Department of State, what is the maximum fee the notary can charge for this specific notarial act?

Answer: $9.00

The fee schedule set by the Pennsylvania Department of State specifies that the maximum fee for noting a protest of a negotiable instrument is $3.00 per page. Since the document has three pages, the correct maximum fee is 3 pages x $3.00/page = $9.00.

A notary charges a client for notarizing a signature and also adds a 'service charge' of $10.00 on the final receipt, which includes the cost of making a photocopy and the time spent on the transaction. Which of the following is a critical requirement for charging such a fee?

Answer: The client must be informed of the clerical/administrative fee before the notarization, and it must be itemized separately on the receipt and in the journal.

Pennsylvania law permits notaries to charge clerical or administrative fees for services related to the notarial act, such as copying or travel. However, these fees are not set by the Department of State and must be reasonable. Crucially, the law requires that the customer be informed about these additional fees *before* the notarization is performed, and these fees must be itemized separately from the statutory notary fee on the customer's receipt and in the notary's journal.

A client requests a certified copy of a specific entry from a notary's journal from six months ago. The notary locates the entry and provides the certified copy. What fee is the notary permitted to charge for this service?

Answer: $5.00 for certifying a copy.

While providing a certified copy of a journal entry is a duty, the fee schedule allows a notary to charge for 'Certifying or attesting a copy.' The established maximum fee for this notarial act is $5.00 per certified copy.

A Pennsylvania notary who is authorized to perform remote online notarizations (RON) conducts a notarization for a single electronic document with one signature. What is the maximum fee this notary can charge for this specific notarial act, excluding any administrative fees?

Answer: $20.00, as specified for electronic notarizations.

Pennsylvania regulations that took effect in 2026 allow electronic and remote notaries public to charge a fee not to exceed $20 per notarial act performed with respect to electronic records or using communication technology. This is a different, higher fee than for traditional, in-person notarizations.

A notary waives their fee for notarizing a document for a charity event. Which of the following statements is true regarding the notary's obligations in this situation?

Answer: The notary must still record a $0.00 fee in their journal.

Even when a notary waives a fee, they are still required to make an entry in their notarial journal for the act. This entry must include all required information, and in the space for the fee, the notary should indicate that no fee was charged by writing $0.00, "N/C," or "No Charge." While a notary who never charges fees is not required to post a fee schedule, waiving a fee for one transaction does not remove this obligation if they charge fees for other transactions.