Help participants change their identities or relocate.
Remove or delete existing public records.
Offer legal advice.
Relieve participants of their legal or financial responsibilities.
Are notary commissions assigned numbers?
The State of Tennessee does not assign numbers to Notary Commissions.
Why is the Safe at Home program necessary?
Under the Tennessee Public Records Act, T.C.A. § 10-7-501 et. seq., all state or local government records are considered public and are available for public inspection and copying, unless specifically protected by other law. This means that any member of the public can request that a state or local government official allow them to inspect and/or take a copy of certain records, which may contain an another individual’s name, address, or phone number. This means that an abuser may be able to track or discover the residential address of a victim through public records. The primary goal of the Safe at Home Address Confidentiality Program is to prevent this from happening and provide victims of domestic violence and other crimes with a sense of security in their own homes and freedom from intimidation or further abuse.
What is the Safe at Home Address Confidentiality Program?
The Safe at Home Address Confidentiality Program is a statewide address confidentiality program administered by the Office of the Tennessee Secretary of State. It is open to all victims of domestic abuse, stalking, human trafficking, rape, sexual battery, or any other sexual offense who satisfy eligibility and application requirements at no cost. Once a participant has been approved, they are provided with a ‘substitute’ address that can be used by them and their children as their official mailing address for all state and local government purposes, including public school or public benefits enrollment, subject only to a few limited exceptions.
Can I notarize my spouse's signature?
In 2010, the Attorney General's office gave its opinion on Notarization of Spouse's Signature.
A Notary is a position created by state law allowing individuals, as state public officials, to:
Acknowledge signatures upon personal knowledge or satisfactory proof
Administer oaths
Record and/or transcribe depositions
Confirm the authenticity of signatures on affidavits.
What is the liability of a notary?
Tennessee statutes provide that if a notary who takes acknowledgment of a deed or other instrument fails or refuses to comply with and discharge the duties required of a notary, he or she shall forfeit and pay the sum of $100 for the use of the county of the notary’s residence and shall, moreover, be liable to the party injured for all damages, including costs, the party may sustain by the notary’s failure or refusal to discharge the statutory duties. T.C.A. § 66-22-113. Such action can be based on the negligence or misconduct of the notary. Other penalties for misconduct are discussed elsewhere in this publication. Liability is not limited to the amount of the statutorily mandated bond. Professional liability insurance may be available for a notary public.
What if I move out of Tennessee?
If a notary moves out of the State of Tennessee and has neither a residence nor a principal place of business, then the notary is no longer qualified to act as a Tennessee notary public and must surrender his or her commission and stamp to the county clerk's office. T.C.A. § 8-16-110
What are the notary statutes?
T.C.A. § 8-16-101 and T.C.A. § 8-18-101
What fee can a notary charge for their services?
According to Tenn. Code Ann. § 8-21-1201, “Notaries public are entitled to demand and receive reasonable fees and compensation for the notaries public's services.”
Does the “well-bound book” need to be a specific format?
The Attorney General stated that the notary is not required to keep the record in a particular type of “well bound book,” but that the notary may keep the information in another recorded format, as long as certain standards are met, as set forth fully in the opinion. This Attorney General’s opinion is available here: Attorney General Opinion No. 14-89
What is consider satisfactory evidence?
'Satisfactory evidence' means the absence of any information, evidence, or other circumstances which would lead a reasonable person to believe that the person making the acknowledgment is not the individual such person claims to be and any one (1) of the following:
The oath or affirmation of a credible witness personally known to the officer that the person making the acknowledgment is personally known to the witness;
Reasonable reliance on the presentation to the officer of any one of the following, if the document is current or has been issued within five (f) years;
An identification card or driver's license issued by the department of safety; or
A passport issued by the United States department of state; or
Reasonable reliance on the presentation of any one (1) of the following, if the document is current or has been issued within five (5) years and contains a photograph and description of the person named on it, is signed by the person, bears a serial or other identifying number, and in the event that the document is a passport, has been stamped by the United States immigration and naturalization service:
A passport issued by a foreign government;
A driver's license issued by a state other than Tennessee;
An identification card issued by a state other than Tennessee; or
An identification card issued by any branch of the armed forces of the United States. T.C.A. § 66-22-106
What if I move out of the county of election?
If a notary moves his or her residence or principal place of business out of the county from which he or she was elected to another county in Tennessee, the notary must notify the county clerk in the county from which the notary was elected and submit an address change form to the county clerk. T.C.A. § 8-16-109
Should I have my expiration date added to my notary stamp?
Yes, it is optional and not required by law.
What are the requirements of a notary signing agent?
A Notary Signing Agent or a Loan Signing Agent is a Traditional Notary who has special training to handle loan document signings. The State of Tennessee does not have any additional requirements or guidelines for Notary Signing Agents or Loan Signing Agents.
Where do I find my commission number?
The State of Tennessee does not assign commission numbers, if the form requires an entry enter N/A for Not Applicable.
What are the requirements for Notary Seals?
State law requires that all notaries use an official seal prescribed and designed by the Secretary of State. The notary must purchase the official seal at his or her own expense. At the notary’s request, the county clerk may obtain an official seal for the notary, and the county clerk may charge a fee for this service not to exceed 20 percent of the cost of the seal. T.C.A. § 8-16-114.
The current design prescribed by the Secretary of State is a circular seal with the notary’s name (as it appears on the commission) printed at the top, the county of election printed at the bottom, and the words “State of Tennessee Notary Public” or “Tennessee Notary Public” printed in the center.
The seal may be imprinted by a rubber or other type stamp (not an impression seal), and the stamp must be imprinted in some color, not black or yellow, that is clearly legible and appears black when copied on a non-color copier. Notaries may continue to use their impression seals until the expiration of their term. The use of an embossed seal after May 12, 2003, does not render an acknowledgment defective. T.C.A. § 8-16-114.
The seal must be surrendered to the county legislative body (through the county clerk) upon expiration of the notary’s term of office or resignation, and the personal representative must surrender the seal in the event of the death of the notary. T.C.A. § 8-16-114.
How do I renew a Notary Commission?
The renewal process for a notary is the same process as obtaining your original commission.
What are the hours of work?
Normally poll workers report to work one hour before polls open and leave one hour after the poll closes. Check with your county election commission for more information.
What are the qualifications to be a poll worker?
To be a poll worker, a person must:
Be at least 16 years old
Be a registered voter in the county if 18 or older
Be able to read and write in the English language
Not be supervised by a county or municipal elected official on the ballot
Not be a candidate or close relative of a candidate. Close relatives are defined as the spouse, parent, father-in-law, mother-in-law, child, son-in-law, daughter-in-law, grandparent, grandchild, brother, sister, brother-in-law, sister-in-law, uncle, aunt, nephew, or niece of a candidate on the ballot or a write-in candidate
Government Employees Who Can Serve as Poll Worker:
All City, County and Metro employees (unless working directly under the supervision of an elected official on the ballot)
State of Tennessee employees
Federal employees – consult your Human Resources Department to ensure eligibility
A poll worker shall also:
Have strong clerical skills
Be able to solve problems
Be an effective communicator
Are there restrictions on what my stamp can be imprinted in?
According to T.C.A. § 8-16-114, the stamp must be imprinted in some color, not black or yellow, that is clearly legible and appears black when copied on a non-color copier.
When I notarize a document, what information should I include in my well-bound book?
the date of the acknowledgment, affidavit,or other transaction;
The name of the person whose signature is being notarized;
To whom the instrument is being executed;
A description, including the date of the instrument;
Whether the person whose signature was notarized was a personal acquaintance or what proof was shown prior to notarizing the signature
What fee, if any, was received.
What do I need to do if I do not want to renew my notary commission?
The seal must be surrendered to the county clerk upon the expiration of the notary's term of office or resignation, and the personal representative must surrender the seal in the event of the death of the notary. T.C.A. § 8-16-114
What do I need to do if I do not want to renew my notary commission?
The seal must be surrendered to the county clerk upon the expiration of the notary's term of office or resignation, and the personal representative must surrender the seal in the event of the death of a notary. T.C.A. § 8-16-114
What are the duties and responsibilities of a Notary?
A Notary has the power to administer oaths and take depositions, affidavits, and acknowledgments. A Notary’s powers and duties can be exercised in all counties in the State of Tennessee.
How do I become a poll worker?
If you are interested in becoming a poll worker, apply by filling out an application form. Poll workers are appointed locally based on need.
What are the training requirements for poll workers?
County Election Commissions are required by state law to provide training. This training provides all the necessary information and knowledge to be a successful poll worker.
Can a notary take an acknowledgment or affidavit of a nonresident of the State of Tennessee?
Yes, if that person is physically present in the state.
Are poll workers paid or volunteers?
Poll workers are compensated for working at polling places at a rate determined by the county election commission and are also compensated for attending any required training sessions. Poll workers may also choose to volunteer their services, but most are paid.
Where will I be assigned?
Every effort is made to assign a poll workers to their neighborhood voting site. However, poll workers must be willing to be flexible and consider assignments at other sites in the county based on need.
May state employees become poll workers?
Yes. State employees may become poll workers.
How do I check on the status of my notary commission?
You can check with your county clerk's office to see if the request has been submitted to our office. You can also go to the Notary Search page and search for your information to check the status of your commission at https://tnbear.tn.gov/Notary/notary
Can a notary perform marriages?
Yes, Public Chapter No. 255 of the 112th General Assembly changes the language allowing notary publics to perform marriages. There are no additional provisions to regulate how Notaries perform marriages, but they must follow the rules required of all officiants. Effective April 28, 2021.
What are the responsibilities of a poll worker?
Poll workers conduct assigned duties at a polling site during early voting and on Election Day. Duties can include processing voters, explaining how to mark a ballot, use the voting equipment, or counting votes. Other positions at a polling place include a greeter who assists with answering questions and directing voters to the voting area.