WV Notary Notary Fees and Compensation 2 — Questions and Answers
Question 1: Under West Virginia rules, what is the maximum fee a notary public may charge for a single traditional (in-person) notarial act?
- $10 (Correct answer)
- $5
- $15
- $25
Correct answer: $10
The Secretary of State's rules cap the fee for a traditional notarial act at $10.
Question 2: What is the maximum fee a West Virginia notary may charge for performing a remote online notarization?
- $25 (Correct answer)
- $10
- $50
- $5
Correct answer: $25
West Virginia allows up to $25 per remote online notarial act, higher than the in-person cap.
Question 3: Which body establishes the maximum notarial fees in West Virginia?
- The Secretary of State, through legislative rule (Correct answer)
- Each county clerk
- The West Virginia Supreme Court
- The individual notary's employer
Correct answer: The Secretary of State, through legislative rule
WV Code authorizes the Secretary of State to set maximum notarial fees by rule.
Question 4: A West Virginia notary wants to charge a signer for driving 30 miles to a signing. What must be true for a travel fee to be proper?
- The signer agrees to the travel charge in advance and it is separate from the notarial fee (Correct answer)
- Travel may never be charged in West Virginia
- The travel fee is included within the $10 maximum
- The county commission approves the trip
Correct answer: The signer agrees to the travel charge in advance and it is separate from the notarial fee
Travel charges are permitted only as a separate cost the signer agrees to before the service, not as part of the notarial fee cap.
Question 5: Is a West Virginia notary required to charge a fee for a notarial act?
- No, charging a fee is optional and the notary may charge less than the maximum or nothing (Correct answer)
- Yes, the statutory fee must always be collected
- Yes, unless the signer is a family member
- No, notaries are prohibited from ever charging fees
Correct answer: No, charging a fee is optional and the notary may charge less than the maximum or nothing
The rules set only a maximum; a notary may reduce or waive the fee entirely.
Question 6: A notary charges $20 for a single in-person acknowledgment in West Virginia. What is the most accurate description of this act?
- An overcharge that violates the fee rules and can lead to disciplinary action (Correct answer)
- Legal, because notaries set their own rates
- Legal, if the signer does not object
- Legal, if the document is more than five pages
Correct answer: An overcharge that violates the fee rules and can lead to disciplinary action
Charging above the authorized maximum is a violation that can result in commission discipline.
Question 7: How is the notarial fee generally calculated when one signer needs three separate acknowledgments notarized?
- Per notarial act, so up to the maximum for each of the three acts (Correct answer)
- One flat fee covers all documents in a single visit
- Per page of each document
- Per hour of the notary's time
Correct answer: Per notarial act, so up to the maximum for each of the three acts
Fees are charged per notarial act, so each acknowledgment may carry its own fee up to the cap.
Under West Virginia rules, what is the maximum fee a notary public may charge for a single traditional (in-person) notarial act?