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Misconduct/Fees

Government Code section 8211 sets the maximum fee a notary may charge for an acknowledgment at $15 per signature. A notary decides to charge all clients only $10 per acknowledgment signature. Is this permissible?

A

No. The notary must charge exactly the statutory fee — charging less is an unfair competitive practice

B

Yes, but only with prior written authorization from the Secretary of State

C

Yes. A notary public may charge no fee at all or any amount less than the maximum, at the notary's or employer's discretion

D

No. The notary must charge the exact maximum to ensure uniformity across the profession

Correct Answer

C. Yes. A notary public may charge no fee at all or any amount less than the maximum, at the notary's or employer's discretion

AI Explanation

Statutory fees are maximums, not minimums. Government Code section 8211 specifies maximum fees. The handbook is explicit: 'a notary public may decide to charge no fee or an amount that is less than the maximum amount prescribed by law. The charging of a fee and the amount of the fee charged is at the discretion of the notary public or the notary public's employer, provided it does not exceed the maximum fees.' Charging less is fully permissible.

Misconduct/Fees Question #275
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