AL Notary Notary Fees and Compensation 2 — Questions and Answers
Question 1: An Alabama notary performs three separate notarial acts on the same document. How much may they charge?
- Up to $5 per act, so up to $15 total (Correct answer)
- A flat $5 regardless of the number of acts on one document
- Up to $25 for multiple acts on a single document
- Nothing — multiple acts on one document are considered one fee
Correct answer: Up to $5 per act, so up to $15 total
Each notarial act is a separate chargeable event, so the notary may charge up to $5 for each act performed.
Question 2: What should an Alabama notary do if a client disputes the fee they were charged?
- Review the fee schedule and refund any amount exceeding the $5 statutory cap (Correct answer)
- Refuse to return any fees once a notarial act is completed
- Contact the Secretary of State to arbitrate the dispute
- Refer the dispute to the county probate judge
Correct answer: Review the fee schedule and refund any amount exceeding the $5 statutory cap
If the notary charged more than the statutory cap, they must refund the excess amount to comply with Alabama law.
Question 3: Is an Alabama notary required to post their fee schedule?
- Alabama law does not require posting a fee schedule but it is good practice (Correct answer)
- Yes, the fee schedule must be posted in a visible location
- Yes, the fee schedule must be filed with the Secretary of State annually
- Only mobile notaries are required to disclose fees in writing
Correct answer: Alabama law does not require posting a fee schedule but it is good practice
Alabama has no statutory requirement to post a fee schedule, but transparency about fees is considered best practice.
Question 4: Under Alabama law, an unlawful overcharge by a notary may result in:
- Disciplinary action including revocation of the notary commission (Correct answer)
- A warning letter only for a first offense
- A mandatory refund but no other penalty
- A civil fine payable to the state treasury
Correct answer: Disciplinary action including revocation of the notary commission
Overcharging can be grounds for disciplinary action against the notary, potentially including revocation of their commission.
Question 5: A mobile Alabama notary charges $5 for the notarial act and $30 for travel. The client agreed to the travel fee beforehand. Is this lawful?
- Yes, because the travel fee was disclosed and agreed to in advance (Correct answer)
- No, total charges cannot exceed $35 for any notarization
- No, travel fees are prohibited for Alabama notaries
- Yes, but only if the notary is a certified loan signing agent
Correct answer: Yes, because the travel fee was disclosed and agreed to in advance
As long as the travel fee is disclosed and agreed upon before travel, Alabama notaries may charge it separately from the statutory notarial fee.
Question 6: An Alabama notary performs a notarial act but the signer refuses to pay the fee. The notary should:
- Pursue the fee through civil means if desired; the notarial act itself is already complete and valid (Correct answer)
- Void the notarization and demand payment before releasing the document
- Report the signer to the Secretary of State
- Retain the original document until payment is made
Correct answer: Pursue the fee through civil means if desired; the notarial act itself is already complete and valid
Once a notarial act is completed, it is valid; the notary may seek unpaid fees through civil channels but may not void or withhold the document.
AL Notary Notary Fees and Compensation 2
An Alabama notary performs three separate notarial acts on the same document.
How much may they charge?