A Few Helpful Laws And Guidelines To Assist A Tennessee Notary Public

A few helpful laws and guidelines to assist a Notary Public

Duties of a Notary Public

You may as a duly appointed Notary Public do the following

You should not, as a duly appointed Notary Public, do the following

How to Notarize a Document

Laws of Tennessee affecting Notaries Public.

*8-21-1202.
Notaries Public

*8-16-208.
Public Holding Commissions

*8-16-301.
Imprinting of Seal

*8-16-302
Powers of Notary Public

*8-16-206
Imprinting of Seal - Fee

*8-16-102
Commission

*8-16-103
Term of Office

*8-16-104
Surety Bond

This pamphlet does not include all the laws affecting Notaries Public.

DUTIES OF A NOTARY PUBLIC

For your own protection you as a duly appointed Notary Public should become familiar with the laws governing a Notary Public, and thoroughly familiar with paper you authenticate.

Before any step is taken, be sure the parties concerned thoroughly understand the contents of the documents they are acknowledging or executing. This should be understood to your satisfaction before you attest to their signature(s) which is always affixed in your presence.

NEVER be a party to a false affidavit. This clearly falls under the so-called felony amendment and is why we place so much emphasis upon this point. The responsibility lies solely upon the Notary Public. In certifying officially as true what he knows is false, he violates his duty as a state Official, commits a crime and makes himself liable for damages, fines and/or imprisonment.

Too much emphasis cannot be placed upon having the individual making the oath or acknowledgement in your presence, dating the document the date it is signed and affixing the seal and expiration date of your commission properly.

Be certain there are no blank spaces that can be filled in after you notarize a document. If the document requires two signatures, never attest to ONE, leaving blank for another signature to be affixed.

A widely ignored requirement imposed upon a Notary Public is that requiring every Notary Public to keep a fair register of all his official acts and/or payment of his legal fees and to give a certified copy therefrom when required.

IN NO INSTANCE CAN A NOTARY PUBLIC ACT IN THE CAPACITY OF AN ATTORNEY. HE HAS NO AUTHORITY TO COMPLETE LEGAL DOCUMENTS. HE ONLY CERTIFIES THAT THE PERSON WHO ACTUALLY DOES SIGN THE DOCUMENT SIGNS THE DOCUMENT IN HIS PRESENCE. AND THAT THE CONTENTS ARE KNOWN TO AND UNDERSTOOD BY THE PERSON WHOSE SIGNATURE HE IS AFFIRMING.

Knowledge of the extent to which a Notary Public may perform his duties, and the careful carrying out of the prescribed functions of the Notary Public is of utmost importance.

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You may as a duly appointed Notary Public:

• Administer Oaths
• Take Affidavits
• Take renunciation and relinquishments of dower rights.
• Take acknowledgments of deeds, mortgages, bills-of-sale, satisfaction of mortgages and other instruments for record.
• Protest bill of exchange.
• Make protests for Captains of Vessels.
• Make protests of all papers to be protested, both for nonacceptance and nonpayment.
• Make certificates.
• Act as a commissioner to take testimony in court cases.
• Act as a Notary Public only in the state which you are authorized.

You should, as a duly appointed Notary Public:

• Familiarize yourself with the laws and regulations governing the Notaries Public.
• Be sure the party is fully aware of the documents he acknowledges and that he is making such acknowledgment of his own free will and accord.
• Be sure your seal is affixed and the expiration date of your commission is shown on each paper acknowledged or sword before you.
• Every Notary Public is required to keep[ a fair register of all his official acts and on payment of his legal fees and to give a certified copy therefrom when required.

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You should not, as a duly appointed Notary Public:

• Be a party to a false affidavit.
• Take an affidavit of acknowledgment or make a certificate before the granting of or, after the expiration of your commission.
• Post-date or ante-date any oath or acknowledgment
• Take and acknowledgment over the telephone or in any other manner except by having the affiant in your presence.

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How to Notarize a Document

1. Require reasonable proof of identity of the person whose signature is being notarized.


2. Have the person sign the document in your presence.


3. Show the date the document is being notarized; also the state and county in which the document is notarized.


4. Sign your name exactly as your commission and seal read.


5. Show expiration date of your commission with your stamp or write in the expiration. Be sure the date is legible.


6. Affix your notary seal in an appropriate place and be sure it can be read clearly. Being able to read your seal sharp and clear is an absolute necessity. If it can't be read clearly, get a new notary seal.


7. Enter the transaction in your Notary Journal/Register.

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Laws of Tennessee affecting Notaries Public

8-21-1201. Notaries public. - Notaries public are entitled to demand and receive the following fees and compensation for services:

(1) For recording, in a well-bound book, to be kept by the notary for the purpose, each attestation, protestation, and other instrument of publication......$1.00

(2) For the protestation of negotiable instruments, for each instrument protested, without regard to the number of parties on each instrument......$1.50

(3) For every acknowledgment or probate of deed, or other instrument of writing, with seal attached, the same as county clerks.

(4) For acknowledgment of notes of advances on tobacco......$25.00

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8-16-208. Notaries public holding commissions as of July 1, 1993. - Any notary public holding a commission as such on July 1, 1993, who does not hold a certificate as a notary at large, shall be issued a certificate authorizing that notary public to exercise the functions of a notary public in all the counties in Tennessee, and that notary public's name shall be registered in the book kept in the office of the Secretary of State for that purpose. [Acts 1993, ch. 57, §2.]

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8-16-301. Procurement and surrender of seal - Imprinting of seal. - (a) Every notary public shall, at such notary's own expense, procure a seal of office, which the notary shall surrender to the county legislative body when the notary resigns, or at the expiration of such notary public's term of office, and which such notary's representatives, in case of such notary's death, shall likewise surrender, to be cancelled. Failure to so surrender such seal is a Class C misdemeanor. (b) The seal of office may be imprinted by either an impression notary seal or by a rubber or other type stamp. [Code 1858, § 1798 (deriv. Acts 1835-1836. ch. 11, §§3, 6); Shan., § 3202; Code 1932, § 5905; T.C.A. (orig. ed.), § 8-1619; Acts 1986, ch. 814, § 2; 1989, ch. 591, § 113.]

Cross-References. Notary at large, seal, §8-16-206
Law Reviews. Selected Tennessee Legislation of 1986, 54 Tenn. L. Rev. 457 (1987).
Collateral References. Seal. 7 A.L.R. 1663.

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8-16-302. Powers of notary public. - A notary public has the power to administer oaths, to take depositions, to qualify parties to bills in chancery, and to take affidavits, in all cases; and in all such cases the notary public's seal shall be affixed and the notary public shall sign such documents in ink by the notary's own hand. [Acts 1866-1867, ch. 46. § 3; Shan., § 3196; mod. Code 1932, § 5896; T.C.A. (orig. ed.), § 8-1620; Acts 1986, ch. 600, § 1.]

Cross-References. Certificate of notice of dishonor as prima facie evidence. § 24-5-103.
Depositions, authorized to take. § 8-16-309
Notary at large, powers. § 8-16-202
Oaths to bill in chancery. § 21-1-102
Textbooks. Tennessee Jurisprudence. 20 Tenn. Juris., Notary Public. § 1.
Law Reviews. Tactical Advantages from the Uses of Discovery (William Wicker), 27 Tenn. L. Rev. 323.

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8-16-206. Seal of notary at large - Imprinting of seal - Fee. - (a) The Secretary of State shall prescribe and design an official seal to be used by a notary public at large for the state of Tennessee.
(b) The official seal may be imprinted by either an impression notary seal or by a rubber or other type stamp.
(c) At the notary public's request, the county clerk may obtain an official seal or any part thereof for the notary public. Any county clerk providing this service may charge a fee not to exceed twenty percent (20%) of the cost of the seal or part obtained for the notary public. This subsection applies to any seal obtained for either a notary public or a notary at large. [Acts 1953, ch. 220, § 1 (Williams, § 5914.6); T.C.A. (orig. ed.), § 8-1617; Acts 1986, ch. 814, § 1; 1991, ch. 303, § 1; 1993, ch. 418, § 4.]

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8-16-102. Commission. - All notaries shall be commissioned by the governor.

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8-16-103. Term of office. - The term of office of notaries public shall be four (4) years, such term to begin on the date of the issuance of their commissions by the governor.

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8-16-104. Surety bond. - (a) Every notary public, before entering upon the duties of office, shall give bond executed by some surety company authorized to do business in Tennessee as surety, or with two (2) or more good sureties, to be approved by the county legislative body, in the penalty of ten thousand dollars ($10,000), payable to the state of Tennessee, conditioned for the faithful discharge of the notary's duties. The bond shall be filed in the office of the county clerk in the county where elected.
(b) (1) In counties having a population of more than six hundred thousand (600,000) according to the 1980 federal census or any subsequent federal census, the amount of the above bond shall be then thousand dollars ($10,000). This bond requirement shall only apply to notaries in such counties upon the issuance of their commissions for terms of office which begin after this subsection becomes effective upon being approved as provided in the subdivision (b) (2).
(2) This subsection shall have no effect unless it is approved by a two-thirds (2/3) vote of the county legislative body of any county to which it may apply. Its approval or nonapproval shall be proclaimed by the presiding officer of the county legislative body and certified by such officer to the Secretary of State.

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