DC Notary DC Notary Fees, Liability, and Ethical Obligations 1 — Questions and Answers
Question 1: What is the maximum fee a DC notary may charge per notarial act?
- $5 per act (Correct answer)
- $2 per act
- There is no fee limit set by DC law
- $25 per act
Correct answer: $5 per act
DC law caps notary fees at $5 per notarial act, and notaries may not charge more than this statutory maximum.
Question 2: A DC notary who charges more than the statutory maximum fee may face:
- No consequences if both parties agree
- Disciplinary action including revocation of commission (Correct answer)
- Only a warning from the DC Mayor's office
- A civil fine paid to the signer
Correct answer: Disciplinary action including revocation of commission
Overcharging beyond the statutory maximum can result in disciplinary action, including commission revocation.
Question 3: Is a DC notary required to charge a fee for every notarial act?
- Yes, to maintain fairness
- No, notaries may choose to waive their fee (Correct answer)
- Only for real estate documents
- Yes, the minimum fee is $1
Correct answer: No, notaries may choose to waive their fee
DC notaries are not required to charge a fee and may waive it at their discretion.
Question 4: Under DC law, a notary's personal liability arises when:
- The notary charges the maximum fee
- The notary commits misconduct or negligence in performing notarial acts (Correct answer)
- The notary declines to perform a notarial act
- The notary notarizes more than 10 documents per day
Correct answer: The notary commits misconduct or negligence in performing notarial acts
A DC notary can be held personally liable for misconduct or negligence that causes harm in connection with a notarial act.
Question 5: What is the primary ethical obligation of a DC notary when asked to notarize a document?
- To notarize every document presented without question
- To act as an impartial witness and follow the law (Correct answer)
- To provide legal advice about the document's contents
- To advocate for the signer's interests
Correct answer: To act as an impartial witness and follow the law
A DC notary's primary ethical obligation is to serve as an impartial witness and comply with all applicable laws.
Question 6: A DC notary who is also an attorney charges a legal fee in addition to a notary fee for the same transaction. This is:
- Always prohibited
- Permissible if the notarial and legal services are separate and disclosed (Correct answer)
- Prohibited unless approved by the DC Bar
- Required to be reported to the DC Mayor's office
Correct answer: Permissible if the notarial and legal services are separate and disclosed
An attorney-notary may charge separate fees for distinct legal and notarial services, provided the fees are clearly separated and disclosed.
What is the maximum fee a DC notary may charge per notarial act?