Posted by CarolF/NC on 9/18/12 9:57am
Msg #434863

CALLING ALL NORTH CAROLINA NOTARIES

I had a conversation with the notary office today and she suggested I submit a letter such as the one included here.
She acknowledged that I had very valid points and suggested I round table this topic among other notaries for input. My first draft letter is below. I'm looking for any and all input, including any other fee changes that should be allowed. Anyone with specific research on which states allow which fees is greatly appreciated. You can post publicly or private message me. Thanks for the input.

Elaine Marshall, Secretary
The Notary Public Section
North Carolina Department of the Secretary of State
P.O. Box 29626
Raleigh, North Carolina 27626-0626

September 28, 2012


RE: Have you considered a change in our notary statutes to keep up with the changing environment?

I have many requests from individuals who in the course of their business need notorial services and request that I travel to them. There are more and more individuals working from whom or employed in contract related positions than ever before in history and need these services for contracts, bids and proposals, just to name a few. These individuals are working on a project and would like the convenience of a mobile notary. However, since I can only charge $5.00 per principal signature, I’m not likely to spend my time and gas to provide this service to them. With the changing employment times, so many domicile employees and work from home businesses, this is a service they are in need of. Is it time for a change in our statute to allow a notary to charge a reasonable fee for travel and time expenses to meet the needs of the public as the majority of other states have already done.

Our expenses as notaries continue to increase. The cost of education, application, insurance and supplies. When was the last time you analyzed the $5.00 fee we are allowed to charge? The majority of states now allow for $10 per signature.

Sincerely,

Reply by Roger_OH on 9/18/12 10:26am
Msg #434865

Some additional points ...

I'd also suggest including those who are homebound, or in nursing homes/hospitals that have the need to execute important documents and need the notary to come to them. Many health facilities no longer provide notary services due to potential liability.

More and more government agencies, medical providers, insurance companies, etc, are requiring notarized signatures in an effort to combat fraud. Many people also require notary services during evenings, weekends or holidays; so the availability of mobile notary services to the public is more important than ever.

Actually it's a minority of states that allow the $10 fee; most states are in the $4-$5 range, and last I looked, our colleagues in Wisconsin were still at fifty cents.

While some states mandate the IRS mileage rate for travel, most others have no limitations, and it's whatever the customer and notary mutually agree upon up front. That's the case here in Ohio, and it works out very well for everyone. The customer always has the option to decline the fees and shop elsewhere.

Good luck in your efforts. You'll also need to garner support from your NC state legislators.

Reply by Roger_OH on 9/18/12 10:34am
Msg #434868

Also...

You could also appeal to their governmental mentality by noting that mobile notaries will be paying income taxes on their earnings, providing an additional revenue stream to the state...

Reply by Linda_H/FL on 9/18/12 10:38am
Msg #434869

You may only be able to charge $5/notarization in your

state...but did it occur to you that you BUSINESS can charge a service fee for traveling to them? Does NC strictly preclude notaries from charging for travel?

Going to disagree with this too..."The majority of states now allow for $10 per signature"...I don't believe this is true...

Good Luck with your endeavor.

Reply by BrendaTx on 9/18/12 2:42pm
Msg #434901

Re: You may only be able to charge $5/notarization in your

According to NC Lisa, "A NC Notary Public may not charge a travel fee. The only way to be able to charge a travel fee, is to have a company or LLC. Only an individual can be a notary, not a company or LLC. All payments are made to the company.

All fees are paid to my company, and the company charges a flat closing fee. What my company pays me varies depending on expenses. When I do general notary work, I also make sure they understand that they are hiring the company, and a travel fee is included in the cost."

She posted this on another forum.

Reply by Ilene C. Seidel on 9/18/12 3:01pm
Msg #434905

Re: You may only be able to charge $5/notarization in your

Maryland is $2.00 for 1st ack, $1.00 for additional ack. I use to meet people at the FEDEX office but have been stood up one to many times. I don't do general ack. unless I know the people. Maryland needs to increase the fees too.

Reply by CopperheadVA on 9/18/12 10:39am
Msg #434870

I think it's a good letter and I agree that NC notaries should be allowed to charge travel/time fees.

One spelling boo boo I noticed - it's "notarial" not "notorial".

Reply by Linda Juenger on 9/18/12 10:50am
Msg #434871

>There are more and more individuals working from whom or employed in >

Not sure if you meant whom or home.

In IL we can only chg $1. Better be sure of how many states allow $10.

Reply by reba on 9/18/12 11:43am
Msg #434876

YEs. NY is $2.

Reply by CarolF/NC on 9/18/12 12:59pm
Msg #434888

Re: Thank You - CALLING ALL NORTH CAROLINA NOTARIES

Well Thank You to all of you non-nc notaries for the feedback. Roger, wonderful points. Yes I know about the spelling boo,boos. I just typed this up quickly and Linda, yes we are strictly prohibited from charging any fees other than the $5.00. Notary income is not taxable income in NC. Thanks again to you all.

Reply by Roger_OH on 9/18/12 2:59pm
Msg #434904

Carol, you might want to be sure...

about notary income not being taxable. You may be thinking of the IRS stipulation that notary income is exempt from SELF-EMPLOYMENT taxes, but I would be very surprised if all notary income is not included as taxable in any state.

Reply by CarolF/NC on 9/18/12 3:43pm
Msg #434910

Re: @Roger,Carol, you might want to be sure...

The $5.00 per signature we are allowed is not taxable income. That would just be cruel to charge us so much for our commission and only allow us $5.00 and then tax us. Who would be a notary? lol

Reply by Linda_H/FL on 9/18/12 5:20pm
Msg #434920

I'd like to see the citation for this information Carol

Because on a federal level, although your notary income is exempt from Self-Employment taxes, it IS taxable income - on your federal return.

I'd also check the business laws of your state. Unless your notary laws specifically state you absolutely, positively cannot charge for travel, your BUSINESS can - imagine any service person coming to your home who doesn't charge you...part of their fee is for time and travel..

Sorry if you don't want out-of-state comments, but this is an open forum and the comments are made with all due respect...

Reply by BrendaTx on 9/18/12 10:56pm
Msg #434964

CarolF/NC - IMHO, your notary income is taxable.

The NC tax return is based on the income from your federal return. Your federal return must include notary fees earned; therefore, this does not sound right at all to those of us who have reported notary income for years.

You may need to amend your tax returns.


Please provide proof that I am wrong. I would love to be wrong about this.

-------------
I am not an accountant, nor any kind of professional tax person. I went to the NC Revenue site and became a ten minute expert. http://www.dor.state.nc.us/taxes/individual/started.html

Reply by JanetK_CA on 9/18/12 6:26pm
Msg #434931

If, in fact, there is no way you are allowed to charge for travel fees, I recommend you focus your request on removing that restriction vs. having them increase the fee across the board for providing a notarization. You may have a better chance of success at that. Most of your arguments seem to be directed to the mobile aspect of being a notary and many notaries in your state will continue to provide notary services without travel. Your arguments don't support an increase in fees for them.

If they removed the travel restriction, the $5 per signature could still stand for most notarizations - which would probably make the authorities happy - and you could hopefully charge a fee that would not only cover your expenses, but make it worth your while to travel to people. If you still want to try to get them to increase the per signature fee, then I suggest you treat that as a separate issue.

You also might want to go into the many variables that come into play when providing a mobile service to try to discourage them from including any limitations, vs. just lowering it or tying it to the IRS mileage reimbursement amount, which is intended for employees. Emphasize that most people who are able and willing to provide mobile service to those who most need it are likely to be sole proprietors rather than company employees, so they don't receive a salary and don't get reimbursed for mileage. Instead, they pay the cost of operating and maintaining a vehicle - along with all the costs of being a notary - out of their own personal receipts. Clearly, $5 a signature wouldn't come close to covering those costs, let alone allow a person to make a modest living.

Specific examples to illustrate your point might also be very helpful.

Reply by MW/VA on 9/18/12 8:10pm
Msg #434948

I think it's a great idea that you're getting notaries to

write to the SOS. NC hasn't necessarily wanted to acknowledge the role of "mobile notaries" or "traveling notaries". To disallow a travel fee is ridiculous.
You might want to site that you know notaries in a neighboring state (VA) that charge the $5 notarization allowed by the state & a travel fee. My minimum fee for mobile gnw is $25, for instance. I do adjust that accordingly, however, for situations like senior citizens.
I get a good no. of calls for hospitals & nursing homes. Since it's not my main source of notary income (NSA work is), I do it when I can & it's not always about the money.
You certainly should be allowed to charge travel fees!!!!