Key Takeaways
- Notaries may charge a fee for issuing confidential marriage licenses
- The fee is set by statute and cannot be exceeded
- The completed marriage certificate must be returned to the county clerk
- The notary must maintain records of marriages performed
- Confidential marriage records are not open to public inspection
Fees and Record-Keeping
Performing confidential marriages involves specific fee limitations and record-keeping requirements. Understanding these ensures compliance and protects both the notary and the couple.
Fee Limitations
What the Notary May Charge
The notary's fee for performing a confidential marriage is regulated by statute:
| Service | Fee Limitation |
|---|---|
| Issuing the license and performing the ceremony | Statutory maximum (check current fee schedule) |
| Travel fees | Reasonable travel charges may be added |
| Additional copies | Standard copy fees apply |
Exam Tip: The notary cannot charge more than the statutory maximum for issuing a confidential marriage license and performing the ceremony. Overcharging is a violation.
Fee vs. Regular Notarization Fees
Confidential marriage fees are separate from the standard notarization fee schedule. The maximum fee for a standard notarization ($15 per signature) does not apply to marriage services—marriage fees have their own statutory schedule.
Filing Requirements
After performing a confidential marriage, the notary has strict filing obligations:
Returning the Certificate
| Requirement | Details |
|---|---|
| What to file | Completed confidential marriage certificate |
| Where to file | County clerk's office that issued the blank license |
| When to file | Within 10 days after the ceremony |
| How to file | Return in person or by mail |
Consequences of Late Filing
Failure to timely return the marriage certificate can result in:
- Disciplinary action against the notary's commission
- The couple may have difficulty proving their marriage
- Potential civil liability to the couple
Record-Keeping Requirements
Notary's Records
The notary should maintain records of all confidential marriages performed:
| Record | Details |
|---|---|
| Names of the parties | Full legal names of both spouses |
| Date of ceremony | When the marriage was performed |
| Location | Where the ceremony took place |
| License number | The confidential marriage license number |
| Journal entry | Record in the notary journal |
Confidentiality of Records
The confidential nature of the marriage extends to the notary's records:
- Marriage records are not open to public inspection
- Only the married parties can request copies
- A court order is required for third-party access
- The notary must protect the privacy of the records
Returning Unused Licenses
If the notary obtains blank confidential marriage licenses but does not use them:
- Unused licenses must be returned to the issuing county clerk
- Licenses should not be discarded or destroyed
- Blank licenses should be stored securely to prevent misuse
Statutory Requirements Summary
| Requirement | Rule |
|---|---|
| Obtain blank licenses from | County clerk |
| File completed certificate within | 10 days |
| Maximum fee | Statutory maximum |
| Record in journal | Yes |
| Maintain confidentiality | Yes |
| Return unused licenses | Yes |
On the Exam
Key points tested about fees and record-keeping:
- Fee limits: Cannot exceed the statutory maximum
- Filing deadline: Return completed certificate within 10 days
- Confidentiality: Records not open to public inspection
- Journal entry: Must record the marriage in the notary journal
- Unused licenses: Must be returned to the county clerk
Within how many days must the notary return the completed confidential marriage certificate to the county clerk?
Who may access confidential marriage records?
What must a notary do with unused blank confidential marriage licenses?