Maine Notary Public — All Questions

How should a Maine notary treat fees for notarial acts?

• a.Follow the fee rules in the Maine handbook and disclose the fee to the signer, since Maine's fee framework differs from states with a single fixed statutory cap✓
• b.Charge whatever the market allows with no disclosure
• c.Charge a mandatory $25 per act
• d.Never charge any fee

Maine's fee framework is not a single fixed statutory cap like some states, so a notary should follow the current Maine handbook and be transparent with the signer about any fee charged. When in doubt, confirm the current fee rules with the Secretary of State rather than assuming a set amount.Maine Notary Public Handbook (Maine Secretary of State)

When must a Maine notary refuse to perform a notarial act?

• a.When the notary has a disqualifying interest, or the signer is absent, unidentified, unwilling, or appears coerced✓
• b.Whenever the notary is asked to officiate a wedding
• c.Whenever the document is handwritten
• d.Whenever the signer is not from Maine

A notary must refuse when they have a disqualifying interest in the transaction, when the signer does not personally appear, when identity cannot be confirmed, or when the signer appears unwilling, confused, or coerced. Impartiality and a competent, willing signer are required for every act.Maine Revised Uniform Law on Notarial Acts; Maine Notary Public Handbook

May a Maine notary notarize a document in which the notary is a party or has a financial interest?

• a.Yes, for a business partner
• b.No; a notary may not act when a party to, or financially or beneficially interested in, the transaction beyond the notarial fee✓
• c.Yes, if the fee is waived
• d.Yes, if the notary discloses it

A notary must be impartial and may not notarize a transaction in which they are a party or hold a financial or beneficial interest beyond the notarial fee. Disclosure does not cure the conflict; the notary must decline and refer the signer to another notary.Maine Revised Uniform Law on Notarial Acts; Maine Notary Public Handbook

A non-attorney Maine notary is asked to advise whether a document will hold up in court. What should the notary do?

• a.Refuse to notarize anything
• b.Decline to give legal advice and refer the signer to an attorney, while still able to perform the notarization✓
• c.Advertise as a legal expert
• d.Give a brief opinion to help

A non-attorney notary may not give legal advice or predict how a document will fare in court; that is the unauthorized practice of law. The notary declines to advise, refers the signer to a lawyer, and may still perform the notarization itself if the requirements are met.Maine Revised Uniform Law on Notarial Acts; Maine Notary Public Handbook