The Undated Certificate and the Fee Question
A notary, Tom, completes an acknowledgment for a seller at a real estate closing on a Tuesday. The closing agent, rushing, hands Tom the documents and asks him to 'fill in whatever date makes it recordable' because the deed is being recorded the following Monday and the lender wants the certificate to match the recording date. Tom also is asked to notarize two additional documents for the same signer in the same sitting. Tom's state sets the maximum fee at $5 per notarial act and prohibits charging for travel within the same county. The closing agent offers Tom a flat $40 'for the batch plus gas,' saying the extra is a tip.
1. What date must Tom put on the notarial certificate, and why can he not backdate or postdate it to suit the recording schedule?
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Tom must use the actual date he performed the notarial act - the Tuesday he witnessed the acknowledgment. The notarial certificate records when the act occurred, and a notary may not falsify that date to match a recording schedule or lender preference. Backdating or postdating the certificate is a false certification and can invalidate the document and expose Tom to penalties. The recording date is an administrative event handled by the recorder; it does not control the notarial date. If the closing agent needs the certificate to reflect a different date, the only lawful path is for the signer to appear again on that date - which is not what is happening here. Tom should complete the certificate truthfully with Tuesday's date.
2. How many notarial acts did Tom perform, and what is the maximum lawful fee he may charge for the batch plus travel? Address the 'tip.'
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Tom performed three notarial acts - one acknowledgment plus two additional documents - assuming each required a separate act. At a $5 statutory maximum per act, the maximum fee is 3 × $5 = $15. Travel within the same county cannot be charged, so the 'gas' portion is not permitted. The extra money framed as a 'tip' is still compensation for notarial services and cannot be used to exceed the statutory cap; accepting $40 would be overcharging, a prohibited act subject to penalties and discipline. Tom should charge no more than $15, decline the excess, and explain the statutory limit to the closing agent. He should also record the acts and fees as his state requires.
3. The closing agent pressures Tom, saying 'everyone does it.' How should Tom respond, and what records should he keep?
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Tom should decline firmly: statutory fee caps and truthful dating are not negotiable customs - 'everyone does it' is not a defense and does not change the law. He should state the lawful fee ($15 max), complete the certificate with the true date, and decline the tip/excess. He should keep his notarial journal/records as required - date, signer, document type, act performed, and fee charged - so there is a clear record if his conduct is later questioned. If the agent persists or threatens to withhold business, Tom should still comply with the law; his commission and integrity outweigh the relationship. Documenting the interaction protects him if a complaint arises.