Notary Fees and Compensation Flashcards

Before performing a notarization for pay, what should a West Virginia notary do regarding the fee?

Answer: Disclose the fee to the signer before performing the act

Best practice and fair-dealing rules require telling the signer the fee up front so they can consent.

A West Virginia notary employed by a bank notarizes customer documents during work hours. Who may keep the fees, if any are collected?

Answer: Whatever the notary and employer have agreed to in their employment arrangement

Fee ownership for workplace notarizations is governed by the agreement between the notary and the employer.

A signer cannot afford the notary's fee. Which response by the notary is appropriate?

Answer: Waiving or reducing the fee at the notary's discretion

Because fees are optional, a notary may freely waive or reduce them for any signer.

Which practice best protects a West Virginia notary against fee disputes?

Answer: Recording the fee charged for each act in the notary's journal or records

Documenting the fee for each act creates a record that resolves later disagreements.

May a West Virginia notary charge a fee for a notarization they refused to complete because the signer lacked proper identification?

Answer: No, a fee may only be charged for a notarial act actually performed

Fees compensate the performance of a notarial act, so no completed act means no notarial fee.

A notary charges the $10 maximum plus an extra $5 'stamp and ink surcharge' for an in-person acknowledgment. Is this permissible?

Answer: No, supply costs cannot be added on top of the maximum notarial fee

The maximum fee covers performing the act, and disguised surcharges that exceed the cap are overcharges.

Income a West Virginia notary earns from notarial fees is best described as what for tax purposes?

Answer: Reportable personal income to the notary

Notary fees are ordinary income that the notary must report like other earnings.