Allowable Texas Notary Fees

• Should a Texas notary keep records of notarial fees charged?
• How much can I charge?
• Do I have to post fees?
• My employer is keeping the notary fees I collect. Is that legal?
• Can a Texas notary charge a fee for traveling or other expenses related to the notarization request?
• Are fees taxable?

• Should a Texas notary keep records of notarial fees charged?

  Yes. Texas Notaries are required to keep records of all fees charged. Most record books include a space to record the notarial fees charged.
  Back to top

• How much can I charge?

  Although notary fees are optional, Texas law sets the maximum fees that notaries may charge for their services. Notaries are also required to post their fees for the public, and you should give a written itemized invoice for your notarial services.

  The maximum allowable fees a Texas notary or their employer may charge for notarial acts are as follows:

  • For protesting a bill or note for nonacceptance or nonpayment, register and seal: $4
  • For each notice of protest: $1
  • For protesting in all other cases: $4
  • For certificate and seal to a protest: $4
  • For taking the acknowledgment or proof of a deed or other instrument in writing, for registration, including certificate and seal;
      For the first signature: $10
      For each additional signature: $1
  • For administering an oath or affirmation with certificate and seal: $10
  • For a certificate under seal not otherwise provided for: $10
  • For a copy of a record or paper in the notary public’s office (for each page): $1
  • For taking the deposition of a witness (for each 100 words): $1
  • For swearing a witness to a deposition, certificate, seal, and other business connected with taking the deposition: $10
  • For a notarial act not provided for: $10

  
  An online notary public or their employer may charge a fee not to exceed $25 for performing an online notarization in addition to any other fees authorized under Tex. Gov’t. Code Ann. §406.024.

  Back to top

• Do I have to post fees?

  If you are going to charge a fee, the law requires you to keep fees posted at all times in a prominent location visible to your notary clients. To order a fee schedule to post in your area, click here.
  Back to top

• My employer is keeping the notary fees I collect. Is that legal?

  Texas law gives the employer a say in how much to charge, if anything, as long as the customer is not charged over the legal amount. Texas law does not specify who keeps the fees. So be sure to reach an agreement with your employer on this issue.
  Back to top

• Can a Texas notary charge a fee for traveling or other expenses related to the notarization request?

  We recommend that you always prepare a detailed bill for any services you perform as a Texas public. Discuss your fees with the signers before performing the notarial act to avoid confusion or conflict afterward. Always provide a written receipt for fees charged, completely separating any non-notary business fees, such as travel expenses, from the actual notary fees charged.
  Back to top

• Are fees taxable?

  Your fees, if not turned in to your employer, are taxable. Please consult your tax advisor for details.
  Back to top

Legal disclaimer: The information provided on this page is for general informational purposes only and should not be relied upon as legal advice. We do not claim to be attorneys and we do not guarantee the accuracy, completeness, or reliability of the information provided. You should always seek the advice of a licensed attorney for any legal matters. It is your responsibility to know the appropriate notary laws governing your state. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, losses, damages, or expenses, howsoever arising, including, and without limitation, direct or indirect loss, or consequential loss, out of or in connection with the use of the information contained on any of the American Association of Notaries website pages. Notaries are advised to seek the advice of their state’s notary authorities or attorneys if they have legal questions.