Key Takeaways
- Maximum fee for most notarial acts is $2.00
- Administering an oath without a signature is $2.00
- Fees may be waived but cannot exceed the maximum
- Overcharging is misconduct and can result in removal from office
- No fee may be charged if the notary has a financial interest in the transaction
Maximum Fees
New York law strictly regulates the fees notaries may charge. Overcharging is considered misconduct and can result in removal from office.
Fee Schedule
| Service | Maximum Fee |
|---|---|
| Taking an acknowledgment | $2.00 per person |
| Administering an oath or affirmation | $2.00 |
| Taking a jurat | $2.00 |
| Taking a proof of execution | $2.00 |
| Certifying that a copy is a true copy | $2.00 |
| Swearing a witness | $2.00 |
Important Fee Rules
Per Person Basis
The $2.00 fee is charged per person for acknowledgments, not per document.
| Scenario | Fee |
|---|---|
| One person acknowledges one document | $2.00 |
| One person acknowledges three documents | $2.00 |
| Three people acknowledge one document | $6.00 ($2 each) |
Fee Flexibility
| Action | Allowed? |
|---|---|
| Charge less than maximum | Yes |
| Charge nothing (waive fee) | Yes |
| Charge more than maximum | NO - Misconduct |
| Charge travel/convenience fee | Depends on arrangement |
Financial Interest Prohibition
Critical Rule: If the notary has a direct financial or beneficial interest in the transaction, they:
- Cannot notarize the document
- Cannot charge ANY fee
Consequences of Overcharging
| Consequence | Details |
|---|---|
| Removal from office | Can lose notary commission |
| Misconduct finding | Disciplinary action |
| Potential civil liability | May be sued by affected party |
| Criminal penalties | Possible in egregious cases |
Mobile Notary Fees
Mobile notaries who travel to clients may charge:
- The statutory notarial fee ($2.00 per act)
- A separate travel or service fee (not a notarial fee)
Key Point: The travel fee must be disclosed as separate from the notarial fee, and the notarial fee itself cannot exceed $2.00.
On the Exam
Expect 2-3 questions on fees:
- Maximum fee: $2.00 for most acts
- Per person: Fee based on number of signers, not documents
- Waiver: May charge less or nothing
- Overcharging: Is misconduct, can result in removal
What is the maximum fee a New York notary may charge for taking an acknowledgment?
If three people need to acknowledge the same document, what is the maximum total fee?
What happens if a notary charges more than the maximum allowed fee?