6 hour course_Lesson 6 Copy

Part C. Fees 

There are four basic rules about the fees a notary public can charge.

First, there are maximum fees allowed by law that a notary public can charge. A notary public cannot charge more than those maximum fees. (California Government Code section 8211.) 

Second, except for notaries public employed for and on behalf of a state or county public agency, a notary public is not required to charge a fee at all. A notary public could decide, for example, not to charge a fee for completing a certificate of acknowledgment or providing a photostatic copy of his or her journal pages. Also, a notary public’s employer could make it a condition of employment that the notary public charges no fee for notarial services.

Third, whether or not a notary public charges a fee, the notary public must record the actual amount charged in the notary public’s sequential journal, including writing zero to indicate no fee was charged. In other words, a number or zero must be reflected in the notary public’s journal to complete the record for each notarial act. (California Government Code section 8206(a).) 

Fourth, no fee is prescribed for notaries public employed by a financial institution who can perform a protest in the course and scope of their employment since it is part of the notary public’s service to the financial institution. (California Government Code sections 8205(a)(1), 8208 and 8211; California Commercial Code section 3505.) 

Section 1. Maximum Fees Allowed

The maximum fees a notary public may charge are:

• For an acknowledgment or proof of a deed, or other instrument, including the seal and writing the certificate, $15 for each signature acknowledged.
• For administering an oath or affirmation to one person and executing the jurat, including the seal, $15.
• For all services in connection with the taking of any deposition, $30, and an additional $7 for administering the oath to the witness and $7 for the certificate to the deposition.
• California Probate Code section 4307, $15.
• $.30 per line item copied from the notary public’s journal.

Section 2. Required Fees

If a notary public is appointed to act for and on behalf of a state or county public agency as an employee of the agency, fees must be charged for all services and those fees must be remitted or turned over to the employing agency. (California Government Code sections 6100 and 8202.5.) The actual fee charged must be entered in the notary public’s sequential journal. (California Government Code section 8206(a).) 

Section 3. When Fees Cannot Be Charged

There are very specific times when a notary public is prohibited from charging a fee:

• Notaries public appointed to military or naval reservations cannot charge a fee for any notarial service or act. (California Government Code section 8203.6.) 
• A notary public acting in his or her official capacity on behalf of the State, city, or county or any public body cannot charge for notarization of an affidavit, application, or voucher in relation to securing a pension. (California Government Code section 6106.) 
• A notary public cannot charge for notarization of a signature on an application by a United States military veteran for a claim for a pension, allotment, allowance, compensation, insurance or any other veteran’s benefit. (California Government Code sections 6107 and 8211(i).) 
• A notary public cannot charge to notarize signatures on vote by mail ballot identification envelopes or other voting materials. (California Government Code section 8211(g).) 
• A notary public cannot charge for notarizing any nomination document or circulator’s affidavit. (California Elections Code section 8080.)