Tennessee Frequently Asked Questions
Our FAQs cover a large range of topics asked by our Tennessee customers. If you can't find the answer to your question, please contact our Customer Care Team.
What is a notary?
A notary public is a public official appointed by the state to serve the public as an impartial witness in performing various official fraud-deterrent acts related to the signing of important documents. In Tennessee, notaries are appointed by the Governor.
What is the purpose of a notary public?
A notary public is a person of integrity who is appointed to act as an impartial witness to the signing of an important transaction and to perform a notarial act, which validates the transaction. A notary’s primary purpose is to prevent fraud and forgery by requiring the personal presence of the signer and satisfactorily identifying the signer.
What is a notary bond?
The notary bond is a type of surety bond issued by an approved surety company to protect the public against any wrongdoing on the part of the notary. The surety company guarantees to the public that you, as a notary public, will perform your duties in accordance with the law, and if you do not, the company will pay any damages caused by the incorrect notarization up to the amount of the bond.
What amount of bond is required in Tennessee?
The law requires the notary bond to be in the amount of $10,000.
Do I have any liability as a notary, and can how I limit it?
Yes, as a notary, you are liable for performing your duties accurately. Mistakes can lead to significant consequences, such as someone losing their property or a multimillion-dollar transaction being voided. If this happens, a court might hold you responsible for the loss and issue a judgment against you. Most bond companies require reimbursement if they pay a claim on your behalf, and you would be liable for any amount not covered by your bond.
To limit your liability:
- Know and follow Tennessee notary laws.
- Take responsibility for your own notary education.
- Stay informed about changes in the law.
- Never make exceptions for anyone.
- Use reasonable care and common sense in performing your duties.
- Carry errors and omissions insurance.
- Keep a record book.
I'm already a notary, how can I obtain an E&O policy?
Even though you didn't get E&O insurance when you became a notary or renew your commission, you can still get coverage now. We offer prorated E&O policies, which means you can pay for the remaining time you have left on your commission. Just head over to the 'Insurance' tab to browse options and find the policy that best suits your needs.
Here's an example: Let's say you renewed your commission today without E&O insurance. A year later, you decide you would be more comfortable with insurance and want a $25,000 policy. In this case, you would be purchasing a policy for the remaining three years of your commission. Thus, the policy would be prorated.
Note: A renewing notary is not eligible for a prorated policy at the time of their renewal, simply because they are purchasing a full E&O policy to cover them for their entire four-year term.
Am I required to keep a record of my notarial acts (record book)?
The State of Tennessee requires the use of a record book if the notary or notary's employer charges a fee.
What are the requirements to become a notary in Tennessee?
To become a notary in Tennessee, you must:
- Be at least 18 years old
- Be a citizen or a legal permanent resident of the United States
- Be a resident or maintain a principal place of business in the county from which he or she is applying to become a notary
- Have never been removed from the office of notary public for official misconduct
- Have never had a notary commission revoked or suspended in the state of Tennessee or any other state
- Have never been found by a court in Tennessee or any other state to have engaged in the unauthorized practice of law
What disqualifies you from becoming a notary in Tennessee?
If you have been removed from the office of notary public for official misconduct, had a notary commission revoked or suspended in Tennessee or any other state, or have been found by a court in Tennessee or any other state to have engaged in the unauthorized practice of law, you are not eligible to become a notary in Tennessee.
Can a non-resident become a notary in Tennessee?
Yes, if they maintain a principal place of business in Tennessee.
How do I obtain a notary bond in Tennessee?
If you have already filed your notary application and received an approval of commission from the county, visit our website, select 'Notary Bond,' and click on 'Purchase Tennessee Notary Bond Online.' Enter your information, add the notary stamp and any additional supplies you need to your cart. Upon checkout, you will receive instructions for sending us a copy of your commission letter so we can process your order.
How long does a notary commission last in Tennessee?
4 years.
How do I pay for my order?
We accept Visa, MasterCard, American Express, and Discover credit cards. We also accept check and money orders by mail.
When can I expect to receive my order?
Generally, your order will arrive within 5 to 7 business days after we receive confirmation of your appointment. However, please allow up to 12 business days to account for any potential carrier delays.
What should I do if my order has not shown up on time?
Please contact Notary Public Underwriters of Tennessee.
May I cancel or change my order?
This will depend on how far along your order is in the process. Orders are processed as quickly as possible; therefore, once your order has been marked as "shipped" on your account page, it is too late to modify or cancel the order. If you think you have made a mistake with your order, please contact customer service. We will see if there is something we can do to help.
Can I get a refund?
Please contact our Customer Care Team if you are not happy with your order. Once we know what the problem is, we will let you know how we can help.
Do I need a notary seal in Tennessee?
Yes. The law requires all notaries in Tennessee to use a seal to authenticate all official acts. The seal must be a circular rubber stamp or other type stamp (not an impression seal) with the notary's name as it appears on the commission at the top, the words "State of Tennessee Notary Public" or Tennessee Notary Public" printed in the center, and the county of election at the bottom. The ink color can be any color other than black or yellow provided that the color used to imprint the seal shall be clearly legible and appears as black when photocopied on a non-color copier.
Notary Public Underwriters offers quality notary seals and supplies that are complaint with Tennessee law. Click here to view our array of supplies.
What does it mean to “notarize a signature”?
“Notarize a signature” is a generic phrase used when administering an oath or taking an acknowledgment, the two most common notarial acts.
What notarial acts am I authorized to perform?
Under Tennessee law, notaries are allowed to:
- Take acknowledgments
- Administer oaths and affirmations
- Take affidavits
- Qualify parties to bills in chancery
- Take depositions
- Solemnize marriages
What is the venue?
“State of Tennessee, County of _____”
This notation is called the venue. It is the location of the notarization – not the county where you live or work.
How do I administer an oath for a document?
Assuming the document is ready for notarization and the signer has been satisfactorily identified and is willing to sign the document, you administer the oath by asking a simple question, “Do you solemnly swear under the penalties of perjury that the information contained in this document is the truth, so help you God?” For an oath, you must witness the person signing the document.
What do I do if a signer objects due to religion?
A legal alternative to an oath is an affirmation. Ask the question: “Do you affirm under the penalties of perjury the information contained in this document is the truth?”
How do I take an acknowledgment?
Assuming the document is ready for notarization and the signer has been satisfactorily identified and is willing to sign the document, you take the signer’s acknowledgement by asking a simple question: “Do you acknowledge and declare that you understand this document and have signed it voluntarily for the purposes stated in it?”
May I notarize my own signature?
No. Notarizing your own signature violates the requirement for impartiality
May I perform a notarization when I am a party?
No. If you are a party to the transaction or if you have a financial interest in the transaction, you may NOT be the notary for this transaction.
Can I perform a notarization for a family member?
You can notarize for any member of the public except yourself or your spouse. According to the legal opinion from the Attorney General's Office, a spousal relationship compromises the notary from being impartial, and therefore a notary should not notarize their spouse's signature.
However, it is best practice not to notarize for any family members as you would compromise your role as an impartial witness and may jeopardize the validity of an important transaction.
May I assist a client with legal documents?
No, not unless you are an attorney licensed to practice law in Tennessee. Furthermore, you may not explain the contents of a document or give any advice about the document. If you do, you may be found guilty of the unauthorized practice of law.
May I help a friend fill out immigration papers?
No. Only attorneys or qualified immigration specialists may perform these duties.
May I choose a notarial certificate to go on a document?
No, you do not have the legal rights to do so. If done, this could be considered an unauthorized practice of law.
May I help a friend draft a legal document?
No. Only attorneys may prepare legal documents.
Can I notarize a photograph?
No. This is not an authorized duty of a notary. An alternative would be to notarize a statement about the photograph.
What happens if a notarization has cost me money?
You may file a claim against the notary's bond.
How do I file a claim against a notary's bond?
A bond is required by the State to be available in order to compensate any individual harmed as a result of a breach of duty by the notary. Individuals harmed can file a claim against the notary's bond for financial damage.
Claims may occur due to signatures which are forged, incomplete, or otherwise defective in real estate transactions, motor vehicle transfers, and cases where the validity or date of a document may be an issue.
In order to file a claim against a notary bonded through our company, you will need to submit the following:
- Copy of the improperly notarized document
- Proof of error or fraud by notary
- Letter stating the amount of financial damage or loss caused by the notarization
Please send the above information to:
Claims Department
Notary Public Underwriters of Tennessee
P.O. Box 7457
Tallahassee, FL 32314-7457
Or fax to:
888-979-7063
Attn: Claims Department
For all questions regarding the status of your filed claim, please contact CNA Surety at 800.331.6053.
Who do I contact to check on the status of a claim?
For all questions regarding the status of your filed claim, please contact CNA Surety at 800.331.6053.
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