WV Notary Notary Fees and Compensation 1 — Questions and Answers
Question 1: What determines the maximum fee a notary can charge in West Virginia?
- State statute sets maximum fees for each type of notarial act (Correct answer)
- The notary can charge any amount they choose
- Federal law sets uniform fees nationwide
- The county clerk determines fees
Correct answer: State statute sets maximum fees for each type of notarial act
West Virginia law establishes maximum fees that notaries may charge for each type of notarial act. Charging more than the statutory maximum is a violation.
Question 2: Can a notary charge travel fees for mobile notary services?
- Yes, travel fees are generally allowed in addition to the statutory notarization fee (Correct answer)
- No, only the statutory fee may be charged
- Only if pre-approved by the Secretary of State
- Only for distances over 50 miles
Correct answer: Yes, travel fees are generally allowed in addition to the statutory notarization fee
Most states allow notaries to charge reasonable travel fees for mobile services in addition to the standard notarization fees, as travel expenses are separate from the notarial act itself.
Question 3: Must a notary disclose their fees before performing the notarization?
- Yes, fees should be communicated upfront before the notarial act is performed (Correct answer)
- No, fees can be disclosed after the act is complete
- Only if the signer asks about fees
- Only for fees above $10
Correct answer: Yes, fees should be communicated upfront before the notarial act is performed
Best practice and many state laws require notaries to disclose fees before performing the notarization so the signer can make an informed decision about proceeding.
Question 4: Can a notary refuse to notarize if the signer cannot pay?
- Yes, a notary is not required to perform notarizations for free (Correct answer)
- No, notarization must always be provided regardless of payment
- Only government employees must notarize for free
- Only if the document is non-essential
Correct answer: Yes, a notary is not required to perform notarizations for free
A notary is a private service provider (even if commissioned by the state) and may decline service if the fee is not paid, unless they are a government employee required to provide free notarizations.
Question 5: Are there situations where a notary must provide services for free?
- Yes, some states require government-employed notaries to notarize for free during work hours (Correct answer)
- No, all notaries can always charge fees
- Only for military personnel
- Only during declared emergencies
Correct answer: Yes, some states require government-employed notaries to notarize for free during work hours
Government employees who are notaries may be required to provide free notarizations during work hours as part of their employment duties, though rules vary by state.
Question 6: Can a notary charge extra for notarizing documents after business hours?
- Yes, additional convenience fees may be charged beyond the statutory notarization fee (Correct answer)
- No, the same fee must be charged at all times
- Only on weekends
- Only with prior written approval from the state
Correct answer: Yes, additional convenience fees may be charged beyond the statutory notarization fee
Many states allow notaries to charge convenience or after-hours fees in addition to the statutory maximum for the notarial act itself, as these fees compensate for the notary's time and inconvenience.
WV Notary Notary Fees and Compensation 1
What determines the maximum fee a notary can charge in West Virginia?