SD Notary Fee Schedule and Compensation 3

Question 1

When must a South Dakota notary disclose their fee to the signer?

Accepted Answer

Disclosure is not required by South Dakota law

Answer

Before performing the notarial act

Answer

After completing the notarial act

Answer

Only if the signer specifically asks

Question 2

A notary charges $10 for an acknowledgment and $10 for an oath administered during the same appointment. The signer claims they should only be charged $10 total. The notary is:

Accepted Answer

Correct; each separate notarial act may be charged up to $10

Answer

Wrong; the signer owes only $10 regardless of how many acts were performed

Answer

Wrong; multiple acts in one appointment are capped at $15 combined

Answer

Correct only if the two acts were on different documents

Question 3

A South Dakota notary performs a jurat and charges $10. The signer tenders a $20 bill. The notary has no change. The notary may:

Accepted Answer

Keep only $10 and owe the signer $10 change

Answer

Keep the full $20 since it was voluntarily tendered

Answer

Refuse to perform the act until exact payment is provided

Answer

Accept the $20 only with written authorization from the Secretary of State

Question 4

Which South Dakota statute governs the maximum fee a notary public may charge?

Accepted Answer

SDCL 18-1-4

Answer

SDCL 18-5-1

Answer

SDCL 23-3-2

Answer

SDCL 36-4-12

Question 5

A notary refuses to notarize a document unless the signer pays the full $10 fee upfront. Under South Dakota law, this practice is:

Accepted Answer

Permissible because the notary has the right to collect the fee before acting

Answer

Prohibited because notarizations cannot be conditioned on payment

Answer

Prohibited unless the notary posts their fee schedule publicly

Answer

Permissible only for notarizations of property-related documents

Question 6

A notary working for a title company is asked by a private individual (not a company client) to notarize a personal document. The individual offers to pay $10. The notary should:

Accepted Answer

Accept but remit the fee to the title company under standard employment agreements

Answer

Decline because they can only notarize for company clients during work hours

Answer

Accept and perform the notarization, keeping the $10 fee

Answer

Accept only if the title company grants written permission for each outside notarization

Question 7

A client asks a South Dakota notary to travel 50 miles round-trip for a notarization. The notary charges $10 for the act and $40 for mileage reimbursement. The total of $50 is permissible if:

Accepted Answer

The signer agrees to the travel fee before the notary travels

Answer

The Secretary of State approves travel fees in advance

Answer

The travel fee does not exceed the IRS mileage reimbursement rate

Answer

Travel fees are always prohibited regardless of prior agreement