We are thinking about offering general Notary Service to Non-Customers and charging a fee. Can the bank do this and does anyone know of what other issues that I might need to address? General Notary Service would be example: Car title, Power of Attorney, Self-Proving Will and etc. The bank pays for our employees to become a notary and we offer this service to all customers free.

It's such a small thing. Do you really do that many that charging would (a)be worth keeping potential customers out of your bank and (b)make the bank any real money?

We've always done it as a service to the community. It gives the staff a chance to interact with potential clients. Especially in today's highly automated world, people will bring their business back to a smiling face.

I guess the issue is not if we charge or not, but what other issues the bank might be facing if we offer Notary Service to Non-customers. Is the bank held liable or is the notary held liable if someone should come back and try to sue for what ever reason and what about CIP does it apply?

The notary is usually liable in accordance with state law but is required to be bonded as well. The bank's CIP doesn't apply - - they are not the bank's customers.

The bank's obligation, but not legal duty, I think, is to provide adequate training for your notaries, and pay any of their licensing or bonding costs. I also agree that you would gain more by not charging non-customers than by charging them.

Although there is a national association of notaries, it is a state issue. In CA, for example, a Notary Public generally cannot refuse to notarize for anyone providing proper identification. There is an exception (which I refer to as a "Notary Private") if an employer restricts notarization to documents to which the employer is a party. There are specific requirement in CA law for who pays for the bond and for handling fee payments, etc.

A consideration is the personal liability of the Notary that may not be covered by insurance.

Al

Our bank provides notary services for both customers and non-customers. We charge the non-customers a fee and deposit it into a general ledger account.

In Virginia, the notary fee is set at $5 by law. Employers may require us to notarize at no charge in connection with employment. If a fee is charged, the employer can NOT require that the notary surrender that fee to the employer. Basically, my employer can require me to not charge a fee for notary services, but if they don't and I personally *do* charge, it is my income.

FWIW, I have never charged anyone for notary service. As long as I have proper ID and follow correct procedures, I feel that it is just good (potential) customer service. I also enjoy seeing how pleased people are by a small courtesy like that!

When I worked for a large bank, we were not able to notarize for non-account holders AND we were encouraged not to notarize wills. We would pay the fee for the customer to get the notary next door.

We notarize for both customers and non-customers free of charge. It is nice to say no charge to something that we offer.