6.1 Reasonable Fee Standards & Prior Agreement (A.C.A. § 21-6-309)

6.1 Reasonable Fees and Prior Agreement

A.C.A. § 21-6-309 uses a flexible fee rule rather than a fixed price list. A notary may charge, but is not required to. When a fee is charged, it must be reasonable and must be disclosed to and agreed upon by the client and notary before the notarial act takes place.

The two-part rule

Both conditions must be satisfied:

1. Reasonable amount. The charge must bear a sensible relationship to the service and circumstances.
2. Prior agreement. The client knows and accepts the amount before the notary performs the act.

A surprise fee announced only after the certificate is complete fails the second condition even if the dollar amount might otherwise be reasonable. A previously disclosed but grossly unreasonable charge fails the first.

Arkansas's absence of a fixed maximum does not mean “anything goes.” It also does not mean that a commonly quoted $5 or $10 cap from another state applies. The exam answer is the Arkansas standard: reasonable and agreed in advance.

Optional service

The statute says the notary may charge. Free notarizations by a bank, employer, public office, or community volunteer are permitted. An employer may establish a workplace policy about whether employees charge customers during work, but that policy does not change the notary's legal duties or allow a false certificate.

Mobile and other service charges

A mobile notary may have travel, parking, printing, or after-hours business costs. Arkansas's notary statute does not publish a special mandatory travel-fee formula. The sound practice is to disclose the whole price before the appointment and identify separate non-notarial services clearly so the client understands what was accepted.

Itemization is useful transparency, but do not misstate it as an express statutory element when § 21-6-309's operative requirements are reasonableness and prior agreement. Likewise, do not label a business convenience charge as a “mandatory state notary fee” when Arkansas has no such price.

Prohibited fee conduct and penalty

The statute addresses a notary who charges, demands, or receives a greater fee than allowed by law or charges, demands, or receives a fee for services not rendered. The violation is a misdemeanor punishable by a fine of not less than $100 for each offense. “Not less than” is a floor, not a maximum.

Journal and receipts

The handbook's suggested journal includes an itemized list of fees collected. A receipt or written estimate can document the prior agreement. Neither turns the optional paper journal into a legal requirement; they are sensible records if a dispute occurs.

If the act must be refused—for example, identity cannot be established—do not bill the client for a notarial act that was not rendered. A separately agreed travel charge may be governed by the parties' business arrangement, but it should never be disguised as a completed official act.

Scenario

A mobile notary quotes $15 for the notarial act and $30 for travel before leaving, and the client agrees. At the appointment the signer cannot communicate directly with the notary, so the official act is declined. The notary cannot claim the $15 official act occurred. Any travel charge depends on the disclosed private-service agreement, not the authority of the commission.

Exam traps

Watch the timing word “prior.” Watch the distinction between a fee floor and a fee cap. Remember that Arkansas notaries are not required to charge and that the law prohibits billing for a service that was never performed.

Agree on whether the price is per certificate, per principal, per trip, or for another clearly described service before beginning. Arkansas law does not choose that billing unit for the parties, but an ambiguous unit can defeat meaningful prior agreement. If the scope changes, pause and obtain agreement to the revised amount before performing additional acts.

Source anchor: Arkansas Secretary of State, Arkansas Notary Public Handbook (rev. 1-2025), “Fees”; A.C.A. § 21-6-309.

Define the charge before the ceremony

A meaningful agreement identifies both the amount and what the amount buys. Before beginning, state whether the quote covers one certificate, several principals, copies, travel, waiting time, or another separately described service. If the customer adds documents or signers, pause and disclose any revised total before performing the additional acts. A posted price can help, but it does not replace agreement when the appointment differs from the posted assumptions. Keep the official notarial charge distinct from travel or printing on a receipt so no private business charge appears to be state-mandated. This scope-first approach applies equally to paper, in-person electronic, and remote online acts: technology may change business costs, but it does not remove Arkansas's reasonableness and advance-agreement requirements.