4.1 Notary Fees
Key Takeaways
- Oregon caps fees at $10 per notarial act for in-person acts and $25 per act for acts performed for a remotely located individual (RON), under ORS 194.400 and OAR 160-100-0400
- A travel fee is permitted only if the notary explains it is in addition to the per-act fee, states it is not set by law, and the requester agrees on the amount in advance
- A notary who charges any fee must display a list of those fees in English (OAR 160-100-0410)
- Charging is optional - a notary may waive or charge below the cap, but charging above the statutory maximum is official misconduct
- Each separate notarial act on a document may be charged separately - the cap is per act, not per document
The Statutory Fee Cap (ORS 194.400)
Notarial act fees in Oregon are capped by statute and administrative rule. Oregon Revised Statutes (ORS) 194.400 sets the ceilings, and Oregon Administrative Rules (OAR) 160-100-0400 confirms the dollar amounts. A notary may charge less than the cap or nothing at all, but charging more is official misconduct that can lead to discipline by the Secretary of State.
| Type of notarial act | Maximum fee per act |
|---|---|
| Traditional in-person act (acknowledgment, jurat, oath, affirmation, copy certification) | $10 |
| Act for a remotely located individual (remote online notarization, RON) under ORS 194.277 | $25 |
The key phrase is per act. The cap is not per document and not per signer; it is per notarial act performed. This is one of the most-tested distinctions on the Oregon exam.
Per-Act Math: Worked Examples
Because the cap is per act, you must count the discrete notarial acts on a transaction, not the pages.
| Transaction | Acts performed | Maximum lawful fee |
|---|---|---|
| Single acknowledgment, one signer | 1 | $10 |
| Deed with acknowledgments for two co-owners (separate certificates) | 2 | $20 |
| Affidavit needing a jurat plus a separate acknowledgment | 2 | $20 |
| One oath administered to a witness | 1 | $10 |
| RON acknowledgment for an out-of-state buyer | 1 | $25 |
Trap: Two signers who sign under the same single certificate is generally one notarial act with one fee, while two signers each requiring their own completed certificate is two acts. The exam tests whether you charge by the certificate/act, not by the headcount.
Travel Fees
ORS 194.400 expressly permits a travel fee on top of the per-act fee, but only when three conditions are met:
- The notary explains the travel fee is in addition to the per-act fee.
- The notary states the travel-fee amount is not determined by law.
- The requester agrees in advance on the specific amount.
There is no statutory cap on the travel fee itself - it is a private agreement. But it must be disclosed as travel, not folded into or disguised as the notarial fee.
Worked example: A mobile notary drives to a hospital, performs one acknowledgment ($10 cap), and quotes a $50 travel fee. If the patient agrees to the $50 beforehand, the total $60 is lawful. If the notary instead writes "notary fee $60" with no travel disclosure, that violates the $10 per-act cap.
Required Fee Disclosure
Under OAR 160-100-0410, a notary who charges any fee must display a list of fees, in English, so the public can see what will be charged. A notary who never charges has no posting duty.
What You May Not Charge a Notary Fee For
| Service | Chargeable as a notary fee? |
|---|---|
| Making photocopies | No (a business may charge a copy fee separately, but it is not a notarial fee) |
| Preparing or filling in a document | No - and giving legal advice or choosing a certificate for the signer can be the unauthorized practice of law |
| Determining which notarial act a document needs | No - the signer/attorney decides; the notary may not advise |
Employer and Free-Notarization Situations
Many Oregon notaries work for banks, credit unions, title companies, law firms, and shipping/UPS-type stores. These employers commonly notarize at no charge for customers as a courtesy. Charging nothing is always permitted - the cap is a ceiling, not a floor. An employer may also instruct its notaries not to collect a fee at all, and the notary may follow that policy. What an employer may not do is direct a notary to charge above the statutory cap or to charge an undisclosed "convenience" surcharge in place of the per-act fee.
| Common workplace | Typical fee practice |
|---|---|
| Bank / credit union | Free for account holders |
| UPS Store / shipping center | Often charges up to the $10 per-act cap |
| Law firm | Free for clients of the firm |
| Mobile / signing agent | $10 per act plus an agreed travel fee |
Distinguishing the Notary Fee From Signing-Agent Fees
A notary signing agent who handles loan closings may receive a signing fee from a title company or signing service for the overall assignment (printing, presenting, shipping documents). That signing fee is a separate service payment negotiated by contract; it is not the per-act notarial fee and is not capped by ORS 194.400. The statutory $10/$25 cap governs only the notarial act itself. Exam questions sometimes blur these - remember the cap restrains the notarial act fee, while business/signing-service fees are private commercial arrangements.
Exam Cheat Sheet
- $10 = in-person per-act cap; $25 = RON per-act cap.
- Cap is per act, never per document or per page.
- Travel fee allowed only with advance agreement and disclosure that it is separate and not set by law.
- Charging above the cap is misconduct; charging nothing is always fine.
- Post a fee list in English whenever you charge.
- Signing-service/business fees are separate from, and not limited by, the per-act cap.
What is the maximum fee an Oregon notary may charge for a single traditional in-person notarial act?
A mobile notary performs one acknowledgment at a client's home and wants to add a $40 travel charge. Which statement makes the travel charge lawful in Oregon?
A document requires a jurat for one signer and a separate acknowledgment for the same signer. What is the maximum total fee for the in-person notarial work?