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.
How do I apply to vote absentee as a Military or Overseas voter under T.C.A. § 2-6-502
Military personnel, their family members and overseas voters (UOCAVA voters) may receive their absentee ballot via e-mail or by-mail upon request. UOCAVA voters may track when the ballot was received by their local county election commission office. The voted ballot must be received by the local county election commission office by the close of polls on election day to be counted. Please see our complete guide on How to Vote Absentee for Military and Overseas Voters.
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.
How do I change my business address?
You can file form SS-4800 to change the mailing address by mail or in person. A change in Registered Agent or principal address requires filing Articles of Amendment and paying the statutory $20 filing fee. Forms can be found on our the Forms & Fees page for mail and in person filings.
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.
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.
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.
Must I submit an application for each election in the upcoming year?
No. The voter will receive absentee ballots for all regularly scheduled elections for the calendar year in which the request is submitted.
Note that it is the voter’s responsibility to keep the local county election office informed of any changes of address. The ballots will be mailed or e-mailed, depending on the choice of the voter, to the address that is originally submitted to the local county election office until further notice from the voter.
When may a military or overseas individual apply to vote by absentee ballot?
Applications may be received no earlier than January 1 of the year in which the election is to be held unless the election is to be held less than ninety (90) days after January 1 of the calendar year. In that case, the application may be received no earlier than ninety (90) days before the election and no later than seven (7) days before the election.
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
To be counted, when must the voted ballot be received by the county election commission?
The voted ballot must be received by mail by the close of the polls on election day. If the ballot is rejected, the registered voter will be notified that the ballot was rejected and why the ballot was rejected.
What is an Administrative Dissolution?
An Administrative dissolution occurs for the following reasons:
Failure to file an annual report
Being without a registered agent
A foreign entity fails to maintain its assumed name due to a name conflict
Returned payment by a financial institution
What is a Certificate of Existence?
A certificate of existence is a document issued by our office that certifies that an entity is active and in good standing.
Must I already be a registered voter to vote in Tennessee pursuant to this provision?
No. If you meet the qualifications to register to vote in Tennessee but have not registered prior to requesting an absentee ballot and you fall into one of the above categories, your application for absentee ballot will be treated as an application for temporary registration.
Normally, an individual who registers to vote by mail must appear in person in the first election the person votes in after such registration becomes effective. This provision is waived in the case of military personnel, their family members, or overseas citizens. However, since this is only a temporary registration, once you are no longer eligible to vote under this provision of the law, you must complete a voter registration form and submit the form to your local county election commission prior to voting in any subsequent election.
If you are a registered voter prior to requesting an absentee ballot under this provision, the above information does not apply to you.