Posted by Kimberly Frans on 10/3/13 2:18pm
Msg #486911

The Colorado Max. Notary Fee

The notary law in Colorado state's that the maximum fee a Notary Public can charge is $5 per document. The reason I'm posting is because as a new notary I'm concerned about the discrepancies I've discovered between what Colorado notaries are charging and what the law says we can charge. Most of the notaries I've researched all charge the max allowable state fee but they charge it per notarized signature, not per document as the law states. I've even asked the staff at the CO Secretary of State's office and they asked a supervisor who said that the max fee is per document not per signature.

I'm still just getting my business started. I guess I'm just concerned about making a lot of notaries really angry because it's gonna look like I'm trying to under cut them fee wise when I just want to stay on the right side of the law.

Any thoughts or suggestions would be greatly appreciated!

Reply by VT_Syrup on 10/3/13 3:15pm
Msg #486919

What kind of signings are you thinking of doing? A per-notarized-document fee, plus a travel fee, is normal for general notary work. But for loan signings, the client will typically want a quote before the documents are finished, so no one knows exactly how many documents will need to be notarized. You typically would provide a lump sum quote that includes printing, travel, waiting while the signers read and discuss the documents among themselves, dropping off at a carrier, etc. If you want to exempt your state notary fees from your social security income, you could, after the fact, figure out your notarization fee, subtract that from the lump sum, and call what isn't a notarization fee a travel/printing/misc. fee. If you aren't interested in reducing your social security income, because you want the greater retirement and disability benefits, you could just decide your notarization fee is zero and it's all travel/printing/misc.

Reply by Carolyn Bodley on 10/3/13 4:05pm
Msg #486920

Loan docs and general notary work are two different animals

If you are talking about loan docs, the fee you agree to is not based on the number of notarizations. Usually a flat fee is offered and you accept or decline or you counter.

General notary work is based on "per document."

I would be very interested in your "research" of Colorado notaries and how you came to your conclusion that "most" are not charging correctly. Are these friends who are notaries, or did you randomly call notaries on the phone, or did you actually go to these notaries and paid to have documents notarized?

Unless you specifically have proof that a Colorado notary is not charging correctly, and you have proof that you can furnish details, names, ID numbers, dates, times, documents, etc., to the SOS, then I suggest as long as you keep your own house in order, you can't control what someone else does.

Reply by Notarysigner on 10/3/13 4:26pm
Msg #486921

Very good suggestion Carolyn when I first saw this I said

well now I know a few COLO Notaries who will respond to this, so stay out of it! Wait til Les reads this.

Reply by MarianneT/CO on 10/3/13 4:50pm
Msg #486923

Hi Kimberly,

Thanks for bringing this up. Check the Notary Handbook from the State. There it says under Section XI - What Does the Notary Law Prohibit? Read No. 16. It says " Charge more than $5 (or $10 for an electronic signature) per notarization. Where in the handbook did you read that it's by document?

Yes, certified copies are by document - again, it's $5. I know some banks don't charge anything for a notarial stamp. I always emphasize $5 plus a trip fee if I have to travel, so the client is not mislead on where there money is going.

And yes, loan docs are a different animal and usually contracted by the job and not each individual stamp. Good luck to you.

Reply by Juliana Brickley on 10/3/13 5:44pm
Msg #486929

Just looked it up in C.R.S. 12-55-121 (1) "The fees of notaries public may be, but shall not exceed, five dollars for each document attested by a person before a notary, except as otherwise provided by law". Would need to check, but while this does say "each document" that is attested by "a person". It is my impression that when I have multiple people attesting to a document, each one is "a person" attesting to a document. Especially in the case of a jurat... each person is sworn in and attests to the document separately.

Interesting conversation. Would rather call a lawyer than SOS for answer. I have called and asked questions about the law and have been told flat out by the S.O.S office that they can not answer that as it is interpreting the law and they referred me to a lawyer.

Reply by jba/fl on 10/3/13 8:39pm
Msg #486945

To be certain, could you not just do an ack/jurat per person instead of listing both on one cert?

Reply by Juliana Brickley on 10/4/13 1:01am
Msg #486968

Yes, tou can. Often I have seen a document with seperate ack/juraeach siner. Being combined on one document doesn't make it one notarial act. Each gets logged in as a seperate notary act in my journal. Think of the situation where you have a split/dual signing...two people sign the same document but each is acknowledged seperately, sometimes by two different notaries.

Reply by jba/fl on 10/4/13 11:13am
Msg #486994

Two people on one ACK is one transaction; two people on two different ACK's are two transactions. It is $10 per ACK...per seal. That is the way it is in FL. I don't know your state, but I got the impression it was like Fl.