Tennessee Notary Bond Requirements

Is a notary bond required in Tennessee?

Yes. Tennessee requires every notary public to post a $10,000 surety bond before performing any official act. The requirement is set out in Tennessee Code § 8-16-104, which states that the bond must be “in the penalty amount of ten thousand dollars ($10,000), payable to this state, conditioned upon the faithful discharge of the notary’s duties.”

The bond must be executed by a surety company authorized to do business in Tennessee. In the rare case where a notary cannot obtain a corporate surety bond, the statute allows the county legislative body to approve two or more good personal sureties in lieu of a corporate bond.

Filing is handled at the county level. The notary presents the executed bond to the county clerk in the county where elected; the clerk reviews it for compliance and files it in the county clerk’s office. Performing an official act as a notary before filing the required bond is a Class C misdemeanor.

How to become a notary in Tennessee

Tennessee’s process is unusual because notaries are elected at the county level and then commissioned by the Governor. According to the Secretary of State, the steps are:

1. Obtain and complete an application from your County Clerk’s office.
2. Submit the application with the fee to your County Clerk.
3. Be elected by the county legislative body (county commission) in the county where you reside or maintain your principal place of business.
4. Secure a $10,000 surety bond through a Tennessee-authorized surety company.
5. Provide proof of the bond to the County Clerk.
6. Receive your commission. Your documents are submitted to the state; the Secretary of State’s office issues the commission and returns it to the County Clerk for you to pick up.
7. Obtain your notary seal before performing acts.

Bond vs. E&O insurance in Tennessee

The Tennessee bond and E&O insurance are different products. The $10,000 bond is mandatory and protects the public: if a signer is harmed by a notary’s improper act, they can make a claim against the bond, and the surety can then seek repayment from the notary. E&O insurance is optional and works in the opposite direction—it reimburses the notary for legal defense and settlement costs arising from a mistake. Buying E&O does not satisfy the bond requirement; a notary must still post the $10,000 bond regardless of whether they carry E&O.

Renewing your Tennessee commission

A Tennessee notary’s term of office is four years, beginning on the date the commission is issued by the Governor. Because commissions do not renew automatically, you repeat the county application and election process before your term ends. A new bond covering the new term is part of that process, since the bond is tied to the term of office. Acting as a notary after your commission expires is a Class C misdemeanor, so it is important to complete the renewal before the expiration date.

Remote online notarization in Tennessee

Tennessee authorizes online notarization through the Secretary of State, with online notaries public registering separately from the traditional commission. Requirements—such as approved technology and any additional filings—are administered by the Secretary of State, so notaries interested in performing online notarizations should confirm the current registration steps and any bond or technology conditions directly with that office before offering the service.

Non-resident notaries in Tennessee

Tennessee’s process is built around county residence or a principal place of business in the county. An applicant must be elected by the county legislative body in the county where they reside or maintain their principal place of business, which anchors eligibility to a Tennessee county rather than out-of-state residence.