Legislation
State: Tennessee
Signed: April 24, 2023
Effective: July 01, 2023
Chapter: 207
Summary
Senate Bill 1034 creates a Class C misdemeanor for any person elected as a Notary who performs a notarial act before filing a bond with the county clerk.
Affects
Amends Section 8-16-104 of the Tennessee Code Annotated.
Changes
- Provides that a person elected a Notary Public who performs an official act prior to filing a bond as required by TCA 8-16-104 commits a Class C misdemeanor.
- Requires the county clerk to review the bond presented by a Notary Public for compliance with TCA 8-16-104, and upon the clerk's satisfaction, file the bond in the clerk’s office.
AnalysisSenate Bill 1034 essentially adds a new criminal offense that applies to any person granted a Notary commission who performs an official notarial act before filing the required surety bond with the county clerk. The process for filing the bond now includes a requirement for the county clerk to determine upon being presented with the bond that the bond complies with the requirements of TCA 8-16-104. The other requirements in the law surrounding the surety bond remain the same. The bond amount continues to be $10,000. A surety licensed to do business in Tennessee can provide the bond, or the county legislative body can approve two sureties to post the bond instead. The county clerk in the county in which the Notary is elected must file the bond.
Read Senate Bill 1034.