MT Notary Fees and Compensation 1 — Questions and Answers
Question 1: Under Montana law, what is the maximum fee a notary public may charge per notarial act?
- $5 (Correct answer)
- $10
- $15
- $25
Correct answer: $5
Montana Code Annotated §1-5-420 sets the maximum fee for a notarial act at $5 per act.
Question 2: A Montana notary charges $10 for a single acknowledgment. Which statement best describes this action?
- It violates Montana's maximum fee statute (Correct answer)
- It is permitted if the signer agrees in writing
- It is allowed because fees are unregulated
- It is acceptable for complex documents only
Correct answer: It violates Montana's maximum fee statute
Charging above the $5 statutory maximum violates Montana Code Annotated §1-5-420 regardless of any agreement with the signer.
Question 3: A Montana notary who is a state government employee performs a notarization for a member of the public during work hours. What is the typical rule regarding fees in this situation?
- The notary may not charge a personal fee while acting in their official government capacity (Correct answer)
- The notary may charge up to $5 as usual
- The notary must charge a fee or the act is invalid
- The employer's consent is required but a fee may still be charged
Correct answer: The notary may not charge a personal fee while acting in their official government capacity
Government employees acting as notaries in their official capacity are generally prohibited from collecting personal fees for those acts.
Question 4: Which Montana statute primarily governs the fees a notary public may charge?
- MCA §1-5-420 (Correct answer)
- MCA §1-5-601
- MCA §30-18-101
- MCA §72-1-102
Correct answer: MCA §1-5-420
Montana Code Annotated §1-5-420 is the specific provision that establishes the maximum fee a notary may charge per notarial act.
Question 5: A Montana notary notarizes five signatures on separate documents in a single appointment. What is the maximum total fee the notary may legally charge?
- $25 (Correct answer)
- $5
- $50
- $15
Correct answer: $25
At $5 per notarial act and five separate acts, the maximum permissible total fee is $25.
Question 6: Under Montana law, is a notary required to charge a fee for every notarial act performed?
- No, a notary may perform acts for free at their discretion (Correct answer)
- Yes, charging a fee is mandatory for every act
- Yes, but only when the signer is not a family member
- No, but they must document any fee waiver in the journal
Correct answer: No, a notary may perform acts for free at their discretion
Montana law sets a maximum fee but does not require notaries to charge; they may perform notarial acts for free at their discretion.
Question 7: A Montana notary charges a travel fee in addition to the $5 notarial fee for driving to a signer's home. Which statement is most accurate?
- A reasonable travel fee is permissible as a separate charge from the notarial fee (Correct answer)
- No additional fees of any kind are allowed beyond $5 total
- Travel fees are capped at $5, making the combined maximum $10
- Travel fees require prior written approval from the Secretary of State
Correct answer: A reasonable travel fee is permissible as a separate charge from the notarial fee
Montana law caps the fee for the notarial act itself at $5 but does not prohibit separately negotiated travel or mobile fees.
MT Notary Fees and Compensation 1
Under Montana law, what is the maximum fee a notary public may charge per notarial act?