DE Notary Notary Fees and Misconduct 1 — Questions and Answers
Question 1: What is the maximum fee a Delaware notary may charge for a single notarial act?
- $10 per notarial act (Correct answer)
- $5 per notarial act
- $25 per notarial act
- $50 per notarial act
Correct answer: $10 per notarial act
Delaware law sets a maximum fee of $10 per notarial act that a notary may charge for their services.
Question 2: May a Delaware notary charge additional fees for travel to a signer's location?
- Yes, travel fees may be charged separately if agreed upon in advance (Correct answer)
- No, all fees are included in the per-act maximum
- Yes, but travel fees are capped at $5
- No, travel is always free for notarial services
Correct answer: Yes, travel fees may be charged separately if agreed upon in advance
Delaware notaries may charge separate travel fees as long as they are disclosed and agreed upon before performing the service.
Question 3: Under what circumstances may a Delaware notary perform notarial services for free?
- At any time — charging a fee is optional, not mandatory (Correct answer)
- Only when serving a government agency
- Only for nonprofit organizations
- Only when ordered by a court
Correct answer: At any time — charging a fee is optional, not mandatory
Delaware notaries are permitted to charge up to the maximum fee but are never required to charge; they may perform services for free at their discretion.
Question 4: A Delaware notary charges $50 for a single acknowledgment. Is this permissible?
- No, this exceeds the statutory maximum fee of $10 (Correct answer)
- Yes, notaries may set their own fees
- Yes, if the document is complex
- No, unless the signer agrees in writing
Correct answer: No, this exceeds the statutory maximum fee of $10
Charging $50 for a single notarial act violates Delaware's $10 per-act maximum fee, regardless of the document's complexity.
Question 5: Which of the following constitutes notarial misconduct in Delaware?
- Notarizing a document without the signer being present (Correct answer)
- Charging the maximum allowable fee
- Recording all acts in a journal
- Using an official seal on every certificate
Correct answer: Notarizing a document without the signer being present
Notarizing without the signer present is a fundamental violation of notarial duty and constitutes misconduct under Delaware law.
Question 6: What is the consequence of a Delaware notary engaging in willful misconduct?
- Revocation of commission and potential civil or criminal liability (Correct answer)
- A written warning for the first offense
- A temporary suspension of no more than 30 days
- Mandatory re-training without further penalty
Correct answer: Revocation of commission and potential civil or criminal liability
Willful misconduct by a Delaware notary can result in commission revocation and exposure to civil or criminal legal consequences.
DE Notary Notary Fees and Misconduct 1
What is the maximum fee a Delaware notary may charge for a single notarial act?