MA Notary Notary Fees and Compensation 2 — Questions and Answers
Question 1: Can a Massachusetts notary charge extra for rush or after-hours notarizations?
- No, all notarizations must be priced equally
- Yes, premium fees for rush or after-hours service are permissible with advance disclosure (Correct answer)
- Only for remote online notarizations
- Only with Secretary of State approval
Correct answer: Yes, premium fees for rush or after-hours service are permissible with advance disclosure
A notary may charge higher fees for premium services like rush or after-hours appointments as long as fees are disclosed before the service is rendered.
Question 2: What should a Massachusetts notary do if a signer disputes the fee after the notarization is complete?
- Refuse to return the documents
- Attempt to resolve the dispute amicably; if the fee was properly disclosed in advance, the notary is entitled to it (Correct answer)
- Void the notarization
- Contact the Secretary of State immediately
Correct answer: Attempt to resolve the dispute amicably; if the fee was properly disclosed in advance, the notary is entitled to it
If the fee was properly disclosed and agreed to in advance, the notary is entitled to payment; fee disputes should be handled professionally and may be pursued through normal civil means.
Question 3: In Massachusetts, if a notary performs two notarial acts on the same document for the same signer, how many fees may be charged?
- Only one fee regardless of acts
- A fee may be charged for each separate notarial act performed (Correct answer)
- Two fees only if the document is a real estate instrument
- No fee can be charged for multiple acts
Correct answer: A fee may be charged for each separate notarial act performed
Each separate notarial act performed — even on the same document — is a distinct service, and a separate fee may be charged for each.
Question 4: Can a Massachusetts notary public advertise their notary services for a fee?
- No, advertising notary services is prohibited
- Yes, notaries may advertise their services and fees (Correct answer)
- Only through attorney-approved channels
- Only in newspapers, not online
Correct answer: Yes, notaries may advertise their services and fees
Massachusetts notaries may legally advertise their services, though advertising must be truthful and not misrepresent the scope of a notary's authority.
Question 5: A Massachusetts notary who also holds a law license — can they charge legal fees in addition to notary fees for the same transaction?
- No, dual fees are always prohibited
- Yes, but only for legal services that are separately rendered from the notarial act (Correct answer)
- Only for real estate closings
- Only with the client's written consent approved by the bar
Correct answer: Yes, but only for legal services that are separately rendered from the notarial act
An attorney-notary may charge legal fees for legal services and separately charge notary fees for notarial acts, provided the charges are distinct and transparent.
Question 6: Is it considered improper for a Massachusetts notary to accept a tip or gratuity above their stated fee?
- Yes, any amount above the fee is illegal
- No, voluntarily offered gratuities are generally acceptable (Correct answer)
- Only gratuities over $20 are prohibited
- It depends on whether the notary is an employee
Correct answer: No, voluntarily offered gratuities are generally acceptable
Voluntarily offered gratuities are not prohibited, as they are distinct from coerced or demanded fees; however, notaries should never pressure signers for tips.
Can a Massachusetts notary charge extra for rush or after-hours notarizations?