Fees and Prohibited Acts Flashcards
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An Indiana notary is asked to perform a remote online notarization (RON). What is the maximum fee the notary can charge for this single remote notarial act?
Answer: $25
According to Indiana Code 33-42-17-9, a remote notary public may charge a maximum fee of $25 for each remote notarial act, such as taking an acknowledgment or administering an oath remotely. This is higher than the $10 maximum fee for traditional or electronic notarial acts.
A notary public who is not a licensed attorney advertises their services in a local Spanish-language newspaper. Which of the following is a prohibited act related to this advertisement?
Answer: Using the term "notario publico" in the advertisement.
Indiana Code 33-42-13-3(c) explicitly prohibits a notary public who is not an attorney from using the term "notario" or "notario publico". This is to prevent the fraudulent misrepresentation that the notary can provide legal advice, as the term implies legal authority in many Latin American countries. All advertisements must also contain a specific disclosure stating they are not an attorney.
An Indiana notary is asked to notarize a document for an individual who is blind. Which of the following actions is the notary required to take before performing the notarial act?
Answer: Read the entire instrument to the blind person.
Indiana law specifies that a notary public is prohibited from taking the acknowledgment of any person who is blind without first reading the instrument to the blind person. This ensures the signer is fully aware of the document's contents before it is notarized.
A mobile notary in Indiana travels 20 miles round-trip to a client's home to notarize a single signature on a document. If the notary charges the maximum allowed fee for the notarization, what is the total maximum they can charge the client for the service?
Answer: $10 for the notarial act plus a reasonable travel fee not to exceed the federal mileage rate.
Under Indiana Code 33-42-14-1, a notary may charge up to $10 for a traditional notarial act. Additionally, the law permits charging a reasonable fee for traveling to perform a notarial act, provided the fee does not exceed the federal travel fees established by the U.S. General Services Administration.
Which of the following acts is explicitly prohibited for an Indiana notary public?
Answer: Notarizing their own signature on a personal document.
An Indiana notary public is strictly prohibited from notarizing their own signature or being a party to the instrument they are notarizing. The fundamental role of a notary is to be an impartial witness, which is impossible when they are a principal in the transaction.
A notary's commission is revoked by the Indiana Secretary of State for engaging in fraudulent advertising. For how long is this individual prohibited from reapplying for a new notary commission?
Answer: Five years
According to Indiana Code 33-42-13-3(l), if the Secretary of State revokes the commission of a notary public, the notary may not reapply for a new commission for five years after the revocation. A permanent ban on reapplying is reserved for convictions of notario publico deception.