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cnaylor
California
32 Posts |
 Posted - 03/24/2010 : 11:48:25 AM
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quote:
Originally posted by PWinFL
Since the legal definition (law dictionaries) of per diem is: "Latin for 'per day,' it is short for payment of daily expenses and/or fees of an employee or an agent." As such, time and mileage may be considered part of one's daily expenses.
Again not a "legal" opinion, but your suggestion for per diems is incorrect.
Per diem's are typically on top of your regular pay for "extra" expenses incurred that are beyond normal. They are typically for people without an expense account.
There is a daily cap for each of the two catagories: Lodging, and Meals & entertainment. Neither includes time, again because you already being payed for that by your employeer. Additionally there is a 75% cap on the first and last day of your trip for Meals & entertainment.
See the attached for limits on per diems in your state and county:
http://www.gsa.gov/Portal/gsa/ep/contentView.do?contentType=GSA_BASIC&contentId=17943
Though not listed here, there are also laws that require you to travel a certain distance from your "office" (normal location work is preformed), before you qualify for per diem.
Now I realize, this thread was about AZ specifically, but the per diem laws are FEDERAL and would apply to any and all states (in case you were thinking about this somewhere else that travel fees were low)
It was a nice try, but not a legal one to get around this issue.
Craig/CA |
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PWinFL
Florida
469 Posts |
Posted - 01/16/2010 : 3:29:45 PM
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Since the legal definition (law dictionaries) of per diem is: "Latin for 'per day,' it is short for payment of daily expenses and/or fees of an employee or an agent." As such, time and mileage may be considered part of one's daily expenses.
This is not to be construed as a legal opinion.
See also: http://research.lawyers.com/glossary/per-diem.html
Never drive any faster than your guardian angel can fly.
I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.
Visit us online at http://www.PAWnotary.com |
Edited by - PWinFL on 01/16/2010 3:32:34 PM |
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jbelmont
California
3106 Posts |
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jbelmont
California
3106 Posts |
Posted - 01/16/2010 : 2:15:16 PM
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Basically, you can't make any money charging for distance in AZ without breaking the law. You will only get pennies. So, perhaps you might be able to charge based on time. If a client wants you to do a job, you estimate the total amount of time and charge by the minte, or hour - regardless of miles.
Lets say you live in Sedona and a client wants you to be in Flagstaff for a signing. Book them for two hours and charge $80 for time. Don't charge for mileage. I don't know if this is legal since the law is not clearly spelled out in this respect. But charging more than however many pennies per mile travel fee is definately illegal.
You can only make money on miles if you are going 75 on an open highway.
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BobbiCT
Connecticut
135 Posts |
Posted - 01/13/2010 : 09:16:59 AM
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Same as Renee's response. Contract with your customer for document signing services, which include any notarial services at no extra charge.
1. Notary Public Hat. By your state's laws, you are only allowed to charge up to the maximum "per notarization" fee and mileage charge. In CT: $5 "per notarization" (which can include two people signing the same document at the same time) and 35 cents per mile for travel. CT notaries are NOT required by law to travel.
2. Notary Signing Agent, Witness Signing Agent Hat, "RESPA services," or whatever you are contracted to do. You are contracting for a business service that is NOT notarial services. You can contract for your signing agent services, faxes, document printing and delivery to a drop box, travel fee to and from client, and notary public fees. I've found that a "fixed fee" that includes all "services," including that as a notary, is the easiest for customers to understand (particularly as title and signing companies do not want to hire a vendor at an unknown amount).
If you are hired to sit in a office for "a day," then your invoice would be for "office services" (or however you want to describe whatever you did all day) at $X per X hours or $X per hour for X hours.
Bobbi in CT |
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Renee
Michigan
549 Posts |
Posted - 01/13/2010 : 12:44:26 AM
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| Simple solution - don't contract for notarial services, contract for loan signing services. If you part out the fees on your invoice, then you can part out notarial and signing portions. |
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Lisa T.
California
391 Posts |
Posted - 01/12/2010 : 9:21:04 PM
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| Not quite understanding how a per day fee could be charged instead of a travel fee based on distance, for each separate assignment. Jeremy, would you be so kind as to create a scenario to give further clarity. Thank you. |
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jbelmont
California
3106 Posts |
Posted - 01/12/2010 : 7:53:03 PM
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According to the notary laws of Arizona, a notary may not charge more than the standard mileage fee for travel. However, a per diem fee may be applied. Per diem means - per day. The statutes don't specify if you can charge a fractional per diem fee for a signing. I might allow two hours worth of fees for a signing to include all time involved including phone calls, travel, waiting, and signing. What do the rest of you think? I don't want any of you to get in trouble with the Arizona S.O.S.
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Arizona - per diem fees instead of travel fees
