Chapter 5 of 510% of exam
Fees, Liability, and Legal Limits
The financial and legal boundaries of the office: statutory fee caps, civil and criminal liability, Secretary of State oversight, and the limits that keep notaries out of the unauthorized practice of law—especially in immigration matters.
Maximum Fees
California caps what a notary may charge per act, and exceeding the cap is a violation.
The maximum fee for an acknowledgment is $15 per signature.
The maximum fee for a jurat (with oath) is $15 per signature.
A notary may charge less than the maximum but never more.
The fee charged (or that no fee was charged) must be recorded in the journal.
Civil and Criminal Liability
Notaries face real consequences for negligence and misconduct, extending beyond the bond amount.
The notary and the surety are civilly liable for damage caused by the notary's misconduct or neglect.
The notary's personal liability is not capped at the $15,000 bond amount.
Knowingly executing a false certificate or acknowledgment can be prosecuted as a crime, including felony charges.
Criminal conduct can bring civil damages and loss of the commission as well.
Secretary of State Oversight
The Secretary of State enforces the notary laws through investigation, discipline, and penalties.
The Secretary of State may investigate complaints and suspend or revoke commissions.
Civil penalties can reach up to $1,500 per violation, and up to $10,000 for specified serious violations.
Discipline can be imposed in addition to any criminal or civil liability.
Providing false information on the application is grounds for revocation.
Unauthorized Practice and Immigration Limits
Non-attorney notaries must stay clear of legal advice, and immigration services carry special safeguards against exploitation.
A non-attorney notary may not give legal advice or select notarial certificates for signers.
A non-attorney notary may not advertise as a 'notario publico.'
When assisting with immigration forms, a non-attorney notary may only transcribe information the client provides.
The fee for completing an immigration form is capped at $15 per individual for each set of forms.
Notaries advertising in a language other than English must post their fees and a notice that they are not attorneys.
Test your knowledge
Practice questions on Fees, Liability, and Legal Limits
Last updated: July 2026