SD Notary Fee Schedule and Compensation 1 — Questions and Answers
Question 1: What is the maximum fee a South Dakota notary public may charge per notarial act under SDCL 18-1-4?
- $5
- $10 (Correct answer)
- $15
- $25
Correct answer: $10
South Dakota law (SDCL 18-1-4) sets the maximum notary fee at $10 per notarial act.
Question 2: A South Dakota notary charges $8 for each acknowledgment. Is this permissible?
- Yes, because it is below the $10 statutory maximum (Correct answer)
- No, because all notaries must charge exactly $10
- No, because acknowledgments have a separate fee cap of $5
- Yes, but only if the fee is disclosed in advance in writing
Correct answer: Yes, because it is below the $10 statutory maximum
Notaries may charge any amount up to the $10 statutory maximum, so $8 is fully permissible.
Question 3: Under South Dakota law, may a notary public choose to perform notarial acts without charging any fee?
- No, notaries must charge the statutory fee to maintain equity
- Yes, a notary may waive the fee entirely at their discretion (Correct answer)
- Only with prior written approval from the Secretary of State
- Only for government documents
Correct answer: Yes, a notary may waive the fee entirely at their discretion
The statutory fee is a maximum, not a mandatory charge; notaries may waive or reduce fees at their discretion.
Question 4: If a notary performs three separate notarial acts on the same document signing appointment, what is the maximum total fee the notary may collect?
- $10 total for the entire appointment
- $20 for the appointment
- $30, because the $10 fee applies per act (Correct answer)
- $10 per act but only for the first two acts
Correct answer: $30, because the $10 fee applies per act
The $10 cap applies per individual notarial act, so three acts may yield a maximum of $30.
Question 5: Which of the following is NOT an acceptable practice regarding notary fees in South Dakota?
- Charging $10 for a jurat
- Charging $0 for a courtesy notarization
- Charging $12 because the signer requested expedited service (Correct answer)
- Charging $7 for an acknowledgment
Correct answer: Charging $12 because the signer requested expedited service
Charging $12 exceeds the $10 statutory maximum and is prohibited regardless of the reason.
Question 6: A South Dakota notary travels 20 miles to notarize a document at a signer's home. How should travel expenses be handled?
- Travel expenses are automatically included within the $10 notarial fee
- The notary may charge separately for travel if the signer agrees in advance (Correct answer)
- Travel reimbursement is prohibited under South Dakota notary law
- Travel costs may only be reimbursed by the notary's employer, not the signer
Correct answer: The notary may charge separately for travel if the signer agrees in advance
Notaries may negotiate and collect a separate travel fee with the signer's prior agreement, in addition to the notarial fee.
Question 7: An employer requires a notary employee to notarize documents for company clients at no charge. Under South Dakota law, this arrangement is:
- Illegal because the notary must always collect the statutory fee
- Permissible because the employer may direct the notary's fee practices for company business (Correct answer)
- Legal only if the Secretary of State approves the arrangement
- Permissible only for documents valued under $500
Correct answer: Permissible because the employer may direct the notary's fee practices for company business
An employer may legitimately direct a notary employee to perform notarizations without charging customers as a condition of employment.
SD Notary Fee Schedule and Compensation 1
What is the maximum fee a South Dakota notary public may charge per notarial act under SDCL 18-1-4?