SD Notary Fee Schedule and Compensation 2 — Questions and Answers
Question 1: A South Dakota notary performs a remote online notarization. Under state law, the maximum fee per remote notarial act is:
- $10, the same as an in-person act (Correct answer)
- $25, reflecting the additional technology costs
- $15, as specified for electronic notarizations
- There is no maximum fee for remote online notarizations
Correct answer: $10, the same as an in-person act
South Dakota applies the same $10 maximum fee cap to remote online notarial acts as to traditional in-person acts.
Question 2: Which entity is responsible for enforcing South Dakota's notary fee schedule?
- The South Dakota Bar Association
- The Secretary of State's office (Correct answer)
- The Department of Revenue
- The South Dakota Notary Association
Correct answer: The Secretary of State's office
The Secretary of State's office oversees notary public commissions and compliance with notary statutes, including fee limits.
Question 3: A notary in South Dakota charges $10 for an acknowledgment and also adds a $3 'document review fee.' Is the total $13 charge permissible?
- Yes, if the additional fee is for a non-notarial service
- Yes, notaries may add administrative fees on top of the notarial fee
- No, the total charged for any notarization cannot exceed $10 (Correct answer)
- No, additional fees require Secretary of State approval
Correct answer: No, the total charged for any notarization cannot exceed $10
South Dakota law caps the notarial fee at $10 per act, and creative surcharges for the same service are not permitted to circumvent the cap.
Question 4: A notary charges different fees to different signers for the same notarial act. Under South Dakota law, this is:
- Prohibited as discriminatory
- Permissible as long as no fee exceeds the $10 maximum (Correct answer)
- Permissible only when the difference is based on document complexity
- Prohibited without written justification filed with the Secretary of State
Correct answer: Permissible as long as no fee exceeds the $10 maximum
South Dakota law only mandates that fees not exceed $10 per act; notaries may charge varying amounts below that ceiling.
Question 5: A South Dakota notary is asked to perform a certification of a copy of a private document. What is the maximum fee allowed for this service?
- $5, as copy certifications are a lesser act
- $10, the standard maximum fee per notarial act (Correct answer)
- $15, because certifying copies requires additional verification
- Copy certifications are free under South Dakota law
Correct answer: $10, the standard maximum fee per notarial act
Copy certification is a notarial act subject to the same $10 per act maximum fee as any other notarial act in South Dakota.
Question 6: If a signer pays a notary $10 for a notarial act and later discovers the act was performed improperly, the notary:
- Must refund the fee automatically
- Is not required to refund the fee but may face disciplinary action (Correct answer)
- Must refund the fee and pay an equal penalty to the Secretary of State
- Is required to refund only half the fee
Correct answer: Is not required to refund the fee but may face disciplinary action
South Dakota law does not automatically mandate fee refunds for improper acts, but the notary can face disciplinary action, suspension, or commission revocation.
Question 7: A notary public in South Dakota works for a bank and notarizes documents only for bank customers. The bank pays the notary a salary that includes compensation for notarizations. Is the bank allowed to keep the notary fees instead of giving them to the notary?
- No, all notary fees must be paid directly to the notary
- Yes, the employer and notary may agree that fees belong to the employer (Correct answer)
- Only if the employer reimburses the notary at least $5 per act
- Only if the Secretary of State grants written authorization
Correct answer: Yes, the employer and notary may agree that fees belong to the employer
By mutual agreement, an employer and notary may arrange for notarial fees to be retained by the employer, especially when the notary receives a salary.
SD Notary Fee Schedule and Compensation 2
A South Dakota notary performs a remote online notarization.
Under state law, the maximum fee per remote notarial act is: