Tennessee Code unannotated § 8-16 et al

In 2010, the Attorney General's office gave its opinion on Notarization of Spouse's Signature.

2010 Opinion 10-97: Notarizing of Spouse's Signature

Notaries are state officials. View Attorney General opinion on Whether notaries public are state or county officials.

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.

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

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.”

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

'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:

1. 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;
2. 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;
   1. An identification card or driver's license issued by the department of safety; or
   2. A passport issued by the United States department of state; or
3. 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:
   1. A passport issued by a foreign government;
   2. A driver's license issued by a state other than Tennessee;
   3. An identification card issued by a state other than Tennessee; or
   4. An identification card issued by any branch of the armed forces of the United States. 
      T.C.A. § 66-22-106

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

Yes, it is optional and not required by law.

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.

The State of Tennessee does not assign commission numbers, if the form requires an entry enter N/A for Not Applicable.

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.

The renewal process for a notary is the same process as obtaining your original commission.

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.

1. the date of the acknowledgment, affidavit,or other transaction;
2. The name of the person whose signature is being notarized;
3. To whom the instrument is being executed;
4. A description, including the date of the instrument;
5. Whether the person whose signature was notarized was a personal acquaintance or what proof was shown prior to notarizing the signature
6. What fee, if any, was received.

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

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

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.

Yes, if that person is physically present in the state.

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

Yes, Public Chapter No. 255 of the 112^th 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.

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.

With regard to criminal conduct of a notary, Attorney General Opinion No. 07-157 states:

"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.

A directory of District Attorneys can be found at Tennessee District Attorneys General Directory.