Fees, Accounting, and Handling of Client Funds
Fee rules
Notarial fees are set by statute or an official schedule. The notary may charge only authorized fees and must disclose them before the act. Travel, waiting, or remote-platform fees are permissible only if the law or schedule allows. A fee is not a gratuity, and the notary must not split a notarial fee with a non-notary who referred the client.
Client funds
Funds held for a client-such as escrow, closing proceeds, or filing costs-must be kept in a separate trust account, not commingled with the notary’s operating funds. The notary must keep receipts, ledgers, and reconciliations, and disburse only as authorized. Unearned fees should be refunded under the engagement terms and governing rules.
Worked example
A notary charges the maximum statutory fee for an acknowledgment, plus a $75 “document review” fee. The review was ordinary certificate checking, not legal advice. If the schedule does not authorize the extra fee, the notary must refund it and issue a corrected receipt. Charging for unauthorized services is a fee violation even if the client agreed.
Traps
Commingling client money; failing to receipt cash; charging for notarizing an affidavit when the fee is capped; and treating a referral commission as a marketing cost rather than a prohibited fee split.