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.
