§ 32-3-126 — Notarial officer fees

(a) For performing a notarial act, a notarial officer may
charge the maximum fees specified in this section, charge less
than the maximum fees or waive the fees.
(b) A notarial officer may charge the following fees:
(i) Not more than ten dollars ($10.00) per notarial
act; or
(ii) Not more than ten dollars ($10.00) per
acknowledgement, signature, oath or affirmation, certification
or note of protest if more than one (1) person appears before a
notarial officer to complete a notarial act on a single record;
(iii) A technology fee associated with utilizing an
electronic notarization system or other form of communication
technology if:
(A) The notarial officer and the person
requesting the notarial act agree upon the total fee in advance
of the notarial act; and
(B) The notarial officer explains to the person
requesting the notarial act that the technology fee is both
separate from the notarial fee, if any, and neither specified
nor mandated by law.
(iv) A travel fee when traveling to perform a
notarial act provided that:
(A) A fee charged for travel must be equal to or
less than the standard mileage rates allowed by the United
States Internal Revenue Service;
(B) The notarial officer and the person
requesting the notarial act agree upon the travel fee in advance
of the travel; and
(C) The notarial officer explains to the person
requesting the notarial act that the travel fee is both separate
from the notarial fee, if any, and neither specified nor
mandated by law.
(c) A notarial officer may require payment of any fees
specified in this section prior to performance of a notarial
act.
(d) Any fees paid to a notarial officer prior to
performance of a notarial act are nonrefundable, at the
discretion of the notarial officer, if:
(i) The act was completed;
(ii) In the case of technology fees paid in
compliance with this section, the act was not completed due to
the principal failing to pass knowledge based authentication or
identity proofing that may be required by an electronic
notarization system or other form of communication technology,
whether due to fraud or innocent reasons; or
(iii) In the case of travel fees paid in compliance
with this section, the act was not completed for reasons
determined valid in rules adopted by the secretary of state.
(e) An employer may prohibit an employee who is a notarial
officer from charging for notarial acts performed as part of the
employee's employment.