FAQ

A Notary is an individual who has been elected and commissioned by the Secretary of State to assist in the prevention of fraudulent activity regarding the signing of important documents.

A Notary will meet with individuals and verify the identity by way of a driver’s license, passport, military ID, etc (as long as the ID has a picture, description of the individual, issued within the previous 5 years and it cannot be expired). It is the duty of the Notary to ensure (to the best of their ability) that the signer is signing of their own free will, without coercion or fear of intimidation.

Before the Notary arrives, it is best to ensure you have a valid ID, such as a driver’s license, military ID, passport, etc. The ID cannot be expired and must have been issued within five (5) years prior to the notarization. Next, ensure that your specific document does not have any blank spaces (except for the signature). A Notary cannot notarize an incomplete form. Notaries also CANNOT assist with filling out the paperwork. Finally, ensure that any witnesses you may have also followed the above guidelines. Ensure the signer and any other applicable individuals are present and available to the Notary at the scheduled place and time.

In the State of Tennessee, there is no longer a set fee structure for notarial acts. Any fees must be clearly agreed upon in advance between the Notary and client. The fees must also be listed separately on an itemized receipt. 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.”

A Notary’s term of office is four years. The four-year term begins on the date that the notary commission is issued by the Secretary of State / Governor. It is a Class C misdemeanor for a Notary to act in an official capacity after the expiration of their notary commission.

Notaries public are elected by the members of the county legislative body and are commissioned by the Governor. Tenn. Code Ann. §§ 8-16-101 and 8-16-102. Courts have consistently held that each notary is an officer of the state of Tennessee.

The Notary can refuse to perform services for any of the following reasons: -No valid/legal way to identify the signer. -The signer is not present at the time and place of notarization -The Notary senses coercion or intimidation towards the signer -The signer is unaware of what the document entails -The signer refuses to sign -Documents are not filled out properly (i.e. empty areas, blank lines, etc).

“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.” A directory of District Attorneys can be found at https://www.tndagc.org/dir.htm