VA Notary Notary Fees and Liability 1 — Questions and Answers
Question 1: What is the maximum fee a Virginia notary public may charge for a single traditional (paper-based) notarial act?
- $2
- $5 (Correct answer)
- $10
- $25
Correct answer: $5
Virginia Code § 47.1-19 limits the fee for each traditional notarial act to $5.
Question 2: Under Virginia law, what is the maximum fee a notary may charge for a remote online notarial act?
- $5
- $10
- $25 (Correct answer)
- $50
Correct answer: $25
Virginia permits notaries to charge up to $25 per electronic or remote online notarial act, reflecting the additional technology involved.
Question 3: A Virginia state employee who is also a commissioned notary performs a notarial act in their official capacity during working hours. Which fee rule applies?
- They may charge up to $5 per act
- They may not charge any fee for official notarial acts (Correct answer)
- They may charge up to $2 per act
- They may charge whatever the employer authorizes
Correct answer: They may not charge any fee for official notarial acts
Government employees acting as notaries in their official governmental capacity are generally prohibited from collecting a fee for those notarial acts.
Question 4: When is a Virginia notary required to disclose the fee they intend to charge for a notarial act?
- After completing the notarial act
- Only when the signer specifically asks
- Before performing the notarial act (Correct answer)
- On the notarial certificate itself
Correct answer: Before performing the notarial act
Fees must be disclosed to the signer before the notarial act is performed so the signer can make an informed decision.
Question 5: May a Virginia notary charge different fees to different clients for the same type of notarial act?
- No, all clients must be charged the same flat amount
- Yes, provided no fee exceeds the statutory maximum (Correct answer)
- Only with prior written approval from the Secretary of the Commonwealth
- No, fees must adhere to a fixed schedule set by the notary's county
Correct answer: Yes, provided no fee exceeds the statutory maximum
A notary may set any fee at or below the statutory maximum and may vary fees between clients or waive them entirely.
Question 6: Which Virginia Code section specifically governs the fees a notary public may charge?
- § 47.1-2
- § 47.1-11
- § 47.1-19 (Correct answer)
- § 47.1-7
Correct answer: § 47.1-19
Virginia Code § 47.1-19 is the statute that sets the maximum fees for traditional and electronic notarial acts.
Question 7: Which of the following is a permitted fee practice for a Virginia notary?
- Charging $8 per notarial act because the document is complex
- Charging $5 per notarial act or waiving the fee entirely (Correct answer)
- Charging a $15 rush fee in addition to the standard $5
- Billing the requesting attorney instead of the signer for double the statutory rate
Correct answer: Charging $5 per notarial act or waiving the fee entirely
Notaries may charge up to the $5 statutory maximum or may waive the fee, but they cannot exceed the cap for any reason.
VA Notary Notary Fees and Liability 1
What is the maximum fee a Virginia notary public may charge for a single traditional (paper-based) notarial act?