How To Become A Notary In Tn

How to Become a Notary Public in Tennessee: A Comprehensive Guide

The process of becoming a notary public in Tennessee is straightforward but requires careful attention to detail. Here’s a breakdown of the steps:

1. Meet the Eligibility Requirements.
2. Complete the Notary Public Application.
3. Obtain a Surety Bond.
4. Submit Your Application and Bond.
5. Receive Your Notary Public Commission.
6. Purchase Your Notary Seal and Journal.
7. Take the Oath of Office.
8. Begin Notarizing Documents.
9. Renew Your Commission When Necessary.

Eligibility Requirements

Before you begin the application process, ensure you meet the following requirements set forth by the Tennessee Secretary of State:

• Be at least 18 years of age.
• Be a resident of Tennessee or maintain a principal place of business in Tennessee.
• Be able to read and write English.
• Not be disqualified under Tennessee Code Annotated § 8-16-111. This includes conviction of a felony or any offense involving moral turpitude, unless your rights of citizenship have been restored.

Application Process

The first official step is completing the application form. You can find the application on the Tennessee Secretary of State’s website or obtain it from your county clerk’s office.

1. Obtain the Application: Download the ‘Notary Public Application’ from the Tennessee Secretary of State’s website or collect a physical copy from your local county clerk’s office.
2. Complete the Application: Fill out all sections of the application accurately and truthfully. This includes your full legal name, residential address (or principal place of business address if you’re a non-resident with a business in Tennessee), date of birth, social security number, and contact information.
3. Indicate Appointment County: You must specify the county in which you will be appointed as a notary. This is typically the county where you reside or maintain your principal place of business. This designation determines where your oath will be filed and where your signature will be officially recorded.
4. Answer Disqualification Questions: Carefully answer the questions regarding your criminal history and any past revocations of notary commissions. A false statement could lead to denial of your application.
5. Sign and Date: Ensure you sign and date the application in the designated spaces. Your signature serves as your attestation that the information provided is accurate.

Surety Bond

A surety bond is a crucial requirement for Tennessee notary publics. The bond protects the public from financial harm caused by any negligent or fraudulent acts you might commit while performing notarial duties.

1. Obtain a Surety Bond: You must obtain a surety bond in the amount of $10,000. This bond must be from a surety company authorized to do business in Tennessee. Many insurance agencies and bonding companies offer these bonds. Common providers include, but are not limited to, Travelers, CNA Surety, and RLI Surety.
2. Verify Bond Details: Ensure the bond correctly reflects your name, the county in which you’re seeking appointment, and the effective and expiration dates. The effective date should ideally align with your application submission date.
3. Keep a Copy: Make a copy of your surety bond for your records before submitting it with your application.

Submitting Your Application and Bond

Once you have completed the application and obtained your surety bond, you are ready to submit them.

1. Application Fee: As of late 2023, the application fee is $40. This fee is payable to the Tennessee Secretary of State. Check the Secretary of State’s website or contact their office to confirm the current fee amount.

2. Payment Method: Acceptable methods of payment vary. In many cases, you can pay by check or money order payable to the Tennessee Secretary of State. If submitting online (if available), you might be able to pay with a credit or debit card.

3. Submission: Mail the completed application, the original surety bond, and the application fee to the following address:

   Tennessee Secretary of State 312 Rosa L. Parks Avenue, 8th Floor Nashville, TN 37243

   It’s advisable to send your application via certified mail with return receipt requested to confirm that your documents were received.

Receiving Your Notary Public Commission

After the Secretary of State processes your application, you will receive your Notary Public Commission Certificate. This certificate authorizes you to perform notarial acts in the state of Tennessee for a term of four (4) years.

1. Review the Certificate: Carefully review your commission certificate to ensure that all information is accurate, including your name and the county of appointment.
2. Contact Secretary of State: If you find any errors, immediately contact the Secretary of State to request a correction.

Purchasing Your Notary Seal and Journal

While not legally mandated by Tennessee law, it is highly recommended to obtain a notary seal (or stamp) and keep a notary journal. These are best practices that provide a professional and secure method for notarizing documents and help protect you from liability.

1. Notary Seal/Stamp: The notary seal should contain your name as it appears on your commission, the words ‘Notary Public,’ and ‘Tennessee.’ It may also include your commission expiration date. You can order a seal from most office supply stores or online vendors specializing in notary supplies.
2. Notary Journal: A notary journal is a record of all notarial acts you perform. It should include the date of the notarization, the type of document, the name and address of the person whose signature was notarized, the type of identification presented, and the fee charged. Maintain your journal securely and separate from the documents you notarize.

Taking the Oath of Office

The final step before you can begin notarizing is to take the oath of office.

1. Oath Administration: Within thirty (30) days of the date on your commission certificate, you must appear before the county clerk of the county in which you are commissioned and take the oath of office.
2. Oath Recordation: The county clerk will administer the oath and record it in their official records.
3. Keep a Copy: Obtain a certified copy of the recorded oath for your records. This serves as proof that you have completed all requirements for becoming a notary public.

Begin Notarizing Documents

Once you have received your commission certificate, purchased your notary seal/stamp and journal (optional, but highly recommended), and taken the oath of office, you are officially authorized to perform notarial acts in Tennessee.

1. Understand Your Responsibilities: Familiarize yourself with Tennessee notary laws, including the types of documents you can notarize, the fees you can charge, and the proper procedures for performing notarial acts.
2. Perform Notarizations: When performing a notarization, always require the signer to appear personally before you, verify their identity, and ensure they understand the document they are signing.
3. Maintain Accurate Records: Keep accurate and complete records of all notarizations in your notary journal.
4. Adhere to Ethical Standards: Conduct yourself with integrity and impartiality in all your notarial acts.

Renewing Your Commission

Your Tennessee notary public commission is valid for four (4) years. To continue performing notarial acts, you must renew your commission before it expires. The renewal process is similar to the initial application process.

1. Renewal Application: Obtain a renewal application from the Tennessee Secretary of State’s website or your county clerk’s office.
2. Complete the Application: Fill out the application accurately and truthfully.
3. Surety Bond: Obtain a new surety bond for another four-year term.
4. Submit Application and Bond: Submit the completed application, surety bond, and renewal fee to the Tennessee Secretary of State.
5. Take the Oath Again: You will need to take the oath of office again with the County Clerk.

Cost Breakdown (Estimates)

Key Terms:

• Notary Public: A public official authorized to administer oaths and affirmations, take acknowledgments of deeds and other instruments, and perform other duties authorized by law.
• Notarial Act: Any act that a notary public is authorized to perform.
• Surety Bond: A financial guarantee that protects the public from financial harm caused by a notary’s misconduct.
• Notary Seal: A stamp or embosser that identifies a notary public and authenticates their signature.
• Notary Journal: A record of all notarial acts performed by a notary public.
• Acknowledgment: A formal declaration made before a notary public by a person who has signed a document, stating that the signature is genuine.
• Oath: A solemn promise to tell the truth.
• Affirmation: A solemn declaration that is made in place of an oath.
• Commission: The official authorization granted to a person to serve as a notary public.

By following these steps and understanding your responsibilities, you can successfully become a notary public in Tennessee and provide valuable services to your community. Always refer to the Tennessee Secretary of State’s website for the most up-to-date information and requirements.

Frequently Asked Questions

What are the basic eligibility requirements to become a notary in Tennessee?

To become a notary public in Tennessee, you must be at least 18 years old, a resident of Tennessee or maintain a principal place of business in the state, be able to read and write English, and not be disqualified due to a criminal record as outlined in Tennessee Code Annotated § 8-16-111.

Is a notary journal legally required in Tennessee?

While not legally mandated, maintaining a notary journal is highly recommended. It provides a secure record of all notarial acts, protecting you from potential liability and offering a professional method for notarizing documents.

How much does it cost to become a notary public in Tennessee?

The estimated total cost to become a notary public in Tennessee ranges from $125 to $220. This includes the application fee ($40), the surety bond (approximately $50-$100 for a 4-year term), a notary seal/stamp ($20-$40), a notary journal ($10-$30), and the certified oath of office ($5-$10).

How long is a Tennessee notary public commission valid?

A Tennessee notary public commission is valid for four (4) years. To continue performing notarial acts, you must renew your commission before it expires following a similar process to the initial application.