WV Notary Notary Fees and Compensation 3 — Questions and Answers
Question 1: Before performing a notarization for pay, what should a West Virginia notary do regarding the fee?
- Disclose the fee to the signer before performing the act (Correct answer)
- Collect payment only after the signer leaves
- Bill the signer's employer automatically
- Keep the amount confidential until the act is complete
Correct 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.
Question 2: A West Virginia notary employed by a bank notarizes customer documents during work hours. Who may keep the fees, if any are collected?
- Whatever the notary and employer have agreed to in their employment arrangement (Correct answer)
- Always the notary personally, regardless of any agreement
- Always the State of West Virginia
- Always the county where the bank is located
Correct 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.
Question 3: A signer cannot afford the notary's fee. Which response by the notary is appropriate?
- Waiving or reducing the fee at the notary's discretion (Correct answer)
- Performing the act and suing the signer later
- Adding the unpaid fee to a future notarization
- Reporting the signer to the Secretary of State
Correct 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.
Question 4: Which practice best protects a West Virginia notary against fee disputes?
- Recording the fee charged for each act in the notary's journal or records (Correct answer)
- Only accepting cash with no receipts
- Charging every client a different undisclosed rate
- Refusing to discuss fees with signers
Correct 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.
Question 5: May a West Virginia notary charge a fee for a notarization they refused to complete because the signer lacked proper identification?
- No, a fee may only be charged for a notarial act actually performed (Correct answer)
- Yes, a full fee is owed for the appointment
- Yes, but only half the maximum fee
- Yes, if the signer traveled to the notary
Correct 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.
Question 6: A notary charges the $10 maximum plus an extra $5 'stamp and ink surcharge' for an in-person acknowledgment. Is this permissible?
- No, supply costs cannot be added on top of the maximum notarial fee (Correct answer)
- Yes, supplies are always billable separately
- Yes, if the surcharge is under $10
- Yes, if the signer pays in cash
Correct 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.
Question 7: Income a West Virginia notary earns from notarial fees is best described as what for tax purposes?
- Reportable personal income to the notary (Correct answer)
- Tax-exempt government compensation
- A state reimbursement that is never taxed
- A gift from the signer
Correct answer: Reportable personal income to the notary
Notary fees are ordinary income that the notary must report like other earnings.
WV Notary Notary Fees and Compensation 3
Before performing a notarization for pay, what should a West Virginia notary do regarding the fee?