Fees

Q1. What fees can a notary legally charge?

A1. By Colorado law, the maximum fee allowed for a notarization is $15 per document and includes:

• Receiving evidence of the signer’s identity,
• Administering an oath or affirmation (if applicable), and
• Applying the signature, notarial certificate, and stamp of the notary to the document.

The maximum fee for an electronic notarization or remote notarization is $25.

If you charge for other services, you should itemize those separately, and must inform the customer of all charges before performing the notarial act.

Notaries must also provide in writing a list of all fees charged to the customer. They may be provided in the form of a closing statement for the sale of property, itemized invoice, receipt, transaction summary, business card with list of fees, or similar document that lists the fee charged for the notarial acts.  The sole exception to this requirement is explained below.

Q2. As a notary, do I have to provide documentation of the fee I charge for my notarial services or other services to my customer?

A2. Yes. You must provide documentation of the fee charged for notarial services and any other associated charged services, like photocopying, mileage, travel, etc.

The sole exception is if you are an employee of a title company and you are performing the following notary services as part of the services provided by that company:

• Title insurance, as defined in section 10-11-102(3), C.R.S.;
• Closing and settlement services, as defined in section 10-11-102(3.5), C.R.S.; or
• Settlement services, as defined in section 10-11-102(6.7), C.R.S.

A notary providing services as an employee, i.e., not as an independent contractor, of a title company, as specified above, does not have to provide any documentation of fees to the customer.

Q3. May a notary charge for services in addition to the notarization?

A3. Yes, a notary may charge for services in addition to the notarization, such as photocopying, mileage, travel, etc. The notary must provide documentation of both the charge for the notarization and any additional fees.

Q4. What types of documentation of fees are acceptable?

A4. Types of acceptable documentation include but are not limited to:

• Receipt
• Itemized invoice
• Business card with a list of all fees
• Settlement statement
• Closing statement
• Transaction summary
• Similar document that lists the fee charged for the notarial act

Q5. I am providing notarial services to a title company as an independent contractor, i.e., not as an employee. What if my fees do not match what the title company ultimately charges a customer?

A5. The purpose of the disclosure requirement is to ensure transparency for you and the customer. You are only responsible for providing a copy of your standard notarial fee and any other associated fee you charge (travel, mileage, photocopying, etc.) that you would normally charge to the customer.

If there is a discrepancy, i.e., it appears that the title company ultimately charged the signer more than what you charged the title company, then the signer may want to discuss that directly with the title company.

Some title companies may choose to simply not specifically charge the signer for the notarial services or associated expenses, in which case you do not need to provide documentation to the customer.

Q6. I provide notarial services for title companies, as an independent contractor, i.e., not as an employee, in the course of my job. I have agreed with a title company that I will not charge for notarizations. Do I have to provide documentation to the customer?

A6. No. No documentation is required for a zero notarial charge. However, if the notary charges the title company for any other services, like travel, mileage, photocopying, etc., the notary must provide documentation to the customer for that charge.

Q7. Does a notary have to provide documentation if they do not charge for their notarial services?

A7. No. No documentation is required for a zero notarial charge. However, if the notary charges the customer for any other associated services, like travel, mileage, photocopying, etc., the notary must provide documentation for that charge, unless these other services are provided as part of the notary’s separate signing agent services in a real estate transaction. This office does not regulate signing service fees.

Q8. I am providing both notarial services and other services free of charge to the customer. Do I have to provide documentation?

A8. No. If you are not charging for either the notarial service itself or any associated services, you do not have to provide documentation. However, you may still want to note this in your notary journal as you would do when you do charge.

Q9. Who is considered the customer when providing documentation of the notary fee?

A9. The customer is the person signing the document.

Q10. Do I have to perform notarizations that require an interpreter?

A10. Notaries have the right to refuse to perform a notarization under section 24-21-508, C.R.S., as long as it is not for a discriminatory reason.