MN Notary Notary Fees and Liability 1 — Questions and Answers
Question 1: What is the maximum fee a Minnesota notary may charge per notarial act?
- $5 per notarial act as set by Minnesota statute (Correct answer)
- $10 per notarial act
- $25 per notarial act
- There is no statutory fee limit in Minnesota
Correct answer: $5 per notarial act as set by Minnesota statute
Minnesota statute caps the fee a notary may charge at $5 per notarial act, though notaries may choose to charge less or nothing at all.
Question 2: May a Minnesota notary charge an additional travel fee for traveling to a signer's location?
- Yes, a reasonable travel fee may be charged separately from the notarial fee if disclosed in advance (Correct answer)
- No, the $5 fee covers all expenses including travel
- Yes, but only if the distance exceeds 25 miles
- No, any travel must be compensated by the employer, not the signer
Correct answer: Yes, a reasonable travel fee may be charged separately from the notarial fee if disclosed in advance
Minnesota notaries may charge a separate, reasonable travel fee in addition to the statutory per-act fee, provided the signer is informed in advance.
Question 3: Under Minnesota law, a notary who charges more than the statutory maximum fee may face which consequence?
- Disciplinary action including possible commission revocation (Correct answer)
- Only a civil fine of up to $100
- Criminal prosecution only
- No consequence as fees are privately negotiated
Correct answer: Disciplinary action including possible commission revocation
Overcharging beyond the statutory maximum is a form of official misconduct and can result in disciplinary action by the Secretary of State, including revocation of the commission.
Question 4: Is a Minnesota notary required to charge a fee for each notarial act performed?
- No, a notary may choose to charge less than the maximum or waive the fee entirely (Correct answer)
- Yes, charging the statutory fee is mandatory
- No, but they must document any fee waiver in their journal
- Yes, waiving fees violates competitive business laws
Correct answer: No, a notary may choose to charge less than the maximum or waive the fee entirely
The $5 statutory cap is a maximum, not a minimum — Minnesota notaries are free to charge less or provide free notarial services.
Question 5: A Minnesota notary employed by a bank performs notarizations for bank customers. Who typically keeps the notarial fee?
- This depends on the notary's employment agreement; fees may go to the employer or the notary (Correct answer)
- The notary always keeps the fee personally
- The fee must be donated to the state under employer contracts
- The bank must always pass the fee to the notary
Correct answer: This depends on the notary's employment agreement; fees may go to the employer or the notary
Employment agreements vary — some employers allow notary employees to keep fees while others collect them as part of a free customer service, and both arrangements are permissible.
Question 6: What is the notary's personal liability exposure for a negligently performed notarial act in Minnesota?
- The notary may be personally liable for damages caused by their negligent notarization (Correct answer)
- The notary has no liability if they followed the general steps
- Liability is limited to returning the notarial fee paid
- The notary is immune from liability while acting within their commission
Correct answer: The notary may be personally liable for damages caused by their negligent notarization
A Minnesota notary can be held personally liable for damages resulting from their negligent or improper notarization, including financial harm to the parties who relied on the notarized document.
MN Notary Notary Fees and Liability 1
What is the maximum fee a Minnesota notary may charge per notarial act?