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
How are individuals selected to be Administrative Judges?
Administrative Judges are hired through a competitive interview process by the Secretary of State. Open positions for a new Administrative Judge are publicly posted by the Secretary of State’s Human Resources division.
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.
Is there a difference between Administrative Judge and Administrative Law Judge or ALJ?
No. The titles Administrative Judge, Administrative Law Judge, and ALJ are used interchangeably.
Under what legal authority does the Secretary of State accept service of process?
Service of Process is issued under the following statutes:
Tennessee’s Long-Arm Statutes, Tennessee Code Annotated (T.C.A.) Title 20, Chapter 2, Part 2.
The Tennessee Business Corporation Act, T.C.A. Title 48, Chapters 11-27
Tennessee Nonprofit Corporation Act, T.C.A. Title 48, Chapters 51-68
Tennessee Limited Liability Company Act ,T.C.A. Title 48,Chapters 201-248
The Tennessee Revised Limited Liability Company Act, T.C.A. Title 48, Chapter 249
The Tennessee Revised Uniform Partnership Act, T.C.A. Title 61, Chapter 1
The Hague Convention is preprinted as an annotation to Rule 4, 28 U.S.C.A., Fed. R. Civ. P., Rules 1011, (1992) (Annotation to Rule 4).
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
Do Administrative Judges specialize in a particular area of the law?
No, Administrative Judges hear a wide variety of cases. Judges have experience with the multi-faceted issues presented by each individual case filed with APD. This approach allows for the greatest amount of flexibility with scheduling and assignment of cases ensuring that hearings and mediations proceed in the most expeditious manner possible. The one exception to this practice involves State Board of Equalization cases which are primarily assigned to a subset of judges with additional specialized training in that area of the law.
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.
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.
How many summonses do the Division of Business Services process annually?
The Division of Business Services processes over 13,800 summonses annually.
Who are my elected officials?
Use our GoVoteTN app to find your elected officials. The GoVoteTN app will also provide you with a sample ballot, early voting locations, Election Day polling location and election results. The GoVoteTN app is available in the Apple store, Google Play store, and through any browser as a website application.
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
What is an Administrative Judge?
An Administrative Judge is also known as an Administrative Law Judge or ALJ. The Administrative Judge rules on cases involving administrative disputes (or disputes regarding the administration or implementation of government laws and rules).
How can I check on the status of a request for issuance of Service of Process?
The Service of Process Search allows you to check on the status of a Service of Process issuance by the defendant’s last name (or company name if a company) or by court docket number. This database reflects all non-archived processes served through the Tennessee Secretary of State as of three working days prior to the requested date. Service of Process records are archived on an annual basis.
What reason might a Service of Process filing be rejected by the Division of Business Services?
A Service of Process filing may be rejected for many reasons. Some of the most common reasons are:
An insufficient number of copies of the summons are submitted (an original and one certified copy are required for each defendant).
An address for an out-of-state defendant is not provided.
The defendant and/or agent for Service of Process has a Tennessee address requiring Service of Process by the Sheriff of the county of the defendant and/or agent not by the Secretary of State.
The $20.00 filing fee is not enclosed.
The check, bank draft, or money order is not made payable to the “Tennessee Secretary of State.”
The original and/or certified copy of the summons is not signed by the Clerk or Deputy Clerk.
The Clerk’s certified stamp, seal, or imprint is not affixed to the summons.
The process is to be served on an insurance company requiring Service of Process through the Commissioner of the Tennessee Department of Commerce and Insurance.
The action is instituted in a court outside Tennessee.
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.
How do I handle a complaint about the conduct of a Notary?
A Notary is considered a public official and may be removed from office just as any other official. Complaints concerning official misconduct should be directed to local Law Enforcement in the county in which the Notary is elected or in which the alleged misconduct occurred.
"Pursuant to Tenn. Code Ann. § 8-7-103, the District Attorney General has the duty of prosecuting all violations of state criminal statutes which occur in his or her district. This duty includes prosecutions of criminal acts committed by notaries. A citizen who wishes to file a criminal complaint against a notary public may do so by contacting the District Attorney General of the judicial district in which the alleged criminal conduct occurred and proceeding through the complaint process."
Additionally, as explained in the above opinion of the Attorney General, a notary may be removed from office through the ouster proceedings set forth in Tenn. Code Ann. § 8-17-101.