We have listed questions that are frequently asked by Texas notaries public. For your
convenience we divided the FAQs into several categories. If you have any question on a
notary topic or issue email us at
info@texasnotary.com.
The notary may not charge fees above the fees set forth in Texas notary law for each act. Notaries may incur severe penalties for overcharging notary fees. Texas law states that if a notary overcharges for notary fees, the notary will be required to pay the overcharged client four times the amount charged.
Q Must I keep a record of fees charged?
A Yes. Notaries are required to keep a journal of all fees charged. The notary’s record book of details of all notarial transactions is sufficient rather than maintaining two separate books, and serves well to meet the requirements of fee records.
Q How much can I charge?
A Although notary fees are optional, Texas law sets the maximum fees that notaries may charge for their services. Notaries are also required to post their fees for the public, and you should give a written itemized invoice for your notarial services. Here is a list of allowable fees for the most common notarial services.
|
|
Taking acknowledgments or proofs
|
|
|
|
for the first signature
|
$6.00
|
|
|
for each additional signature
|
$1.00
|
|
|
Administering oath or affirmation
|
$6.00
|
|
|
Swearing a witness for a deposition
|
$6.00
|
|
|
Taking a deposition of a witness (for each 100 words)
|
$ .50
|
|
|
Certifying a photocopy
|
$6.00
|
|
|
Providing an uncertified copy of an entry from a notary’s record book (per page)
|
$ .50
|
Q Do I have to post fees?
A If you are going to charge a fee, the law requires you to keep fees posted at all times in a prominent location visible to your notary clients. To order a fee schedule to post in your area, click here.
Q My employer is keeping the notary fees I collect; is that legal?
A Texas law gives the employer a say on how much to charge, if anything, as long as the customer is not charged over the legal amount. Texas law does not specify who keeps the fees. So be sure to reach an agreement with your employer on this issue.
Q Are fees taxable?
A Your fees, if not turned in to your employer, are taxable. Please consult your tax advisor for details.
Q Can I charge a fee for traveling or other expenses relating to the notarization request?
A Though not specifically mentioning notaries as state officers in the statute, Texas law requires ‘state officers’ to bill clients for all expenses. Therefore it is recommended that you always prepare a detailed bill for any services you perform as a notary public. Discuss your fees with your signers before performing the notarial act to avoid confusion or conflict afterward. Always provide a written receipt for fees charged, completely separating any non-notary business fees such as travel expenses from the actual notary fees charged.
Texas Notary Bonds and errors and omissions insurance policies provided by this insurance agency, American Association of Notaries, Inc., are underwritten by Western Surety Company (established 1900). American Association of Notaries is owned by Kal Tabbara, a licensed insurance agent in Texas.
