Hotline Tip: How Much Am I Permitted To Charge For Notary Services?

What is the highest amount that a Tennessee Notary can charge for notarial services? – M.H., Nashville, TN

In Tennessee, as in many states, the maximum fee you are able to charge depends upon the notarial act you are performing and must comply with Tennessee Code Annotated Section 8-21-1201. A discussion regarding these can be found in the Tennessee Notary Law Primer, which we reprint for you below:

Fees for Notarial Services

Maximum Fees. The following maximum fees for performing notarial acts are allowed by Tennessee law:

• Acknowledgments: $5. Tennessee Notaries may charge the same fee that county clerks may charge (TCA 8-21-1201[3]). As of July 1, 2008, “county clerks are entitled to demand and receive for … taking an acknowledgment …$5.00” (TCA 8-21-701[11]).
• Protests: $1.50. For executing a protest for nonpayment or nonacceptance, the maximum fee is $1.50 (TCA 8-21-1201).
• Depositions: $1. For each deposition taken, the maximum fee is $1 (TCA 8-21-1201).
• Journal Entries: $1. For recording in a well-bound book each attestation and protestation, the maximum fee is $1(TCA 8-21-1201).
• Other Legally Performed Services: For any service legally performed by a Notary, such as jurats and proofs of execution by subscribing witnesses, the Notary may charge the same fees allowed other officers for a like service, usually 50 cents (TCA 8-21-1201).
• Travel Fees: Charges for travel by a Notary are not specified by law. Such fees should be charged only if the Notary and signer agree beforehand on the amount to be charged. The Notary should explain to the signer that a travel fee is not stipulated by law and is separate from the authorized notarial fees for the notarial act.

Notaries in Tennessee are not required to charge for their notarial services, and they are permitted to charge any fee less than the maximum figures noted above. However, charging more than the statutory fees for any notarial act may subject the Notary to penalties or charges of discrimination.

Information on statutory fee limits in other states can be found in the NNA State Notary Law Primers.