TN Notary Fees and Compensation 2 — Questions and Answers
Question 1: When must a Tennessee notary disclose their fee before performing a notarization?
- Only if the signer asks
- Before the notarization is performed (Correct answer)
- After the notarization is completed
- Only for fees above $3.00
Correct answer: Before the notarization is performed
Best practice and fairness require the notary to disclose their fee before performing the notarial act so the signer can decide whether to proceed.
Question 2: Can a Tennessee notary charge for a failed notarization attempt where the signer lacked acceptable ID?
- No fee may ever be charged for a failed notarization
- Yes, a fee may be charged for the notary's time even if the notarization could not be completed (Correct answer)
- Only if travel was involved
- Only if the document was signed before the ID check
Correct answer: Yes, a fee may be charged for the notary's time even if the notarization could not be completed
A notary may charge a fee for their time and travel even when a notarization cannot be completed due to the signer's failure to provide acceptable identification.
Question 3: What is the maximum fee a Tennessee notary may charge for a remote online notarization (RON)?
- $5.00, same as in-person
- $25.00 (Correct answer)
- $15.00
- There is no statutory cap for RON fees
Correct answer: $25.00
Tennessee law permits notaries performing remote online notarizations to charge up to $25.00 per remote notarial act.
Question 4: If a Tennessee notary overcharges a signer, what potential consequence could the notary face?
- A civil fine only
- Disciplinary action including suspension or revocation of their commission (Correct answer)
- Criminal prosecution under federal law
- Automatic forfeiture of their bond
Correct answer: Disciplinary action including suspension or revocation of their commission
Overcharging is a violation of the Tennessee Notary Public Act and can result in disciplinary action by the Secretary of State, including suspension or revocation of the notary commission.
Question 5: A Tennessee notary works at a shipping store that charges customers $10 per notarization, above the $5 statutory cap. Who is responsible for the overcharge?
- Only the store is liable
- Only the notary is liable (Correct answer)
- Both the notary and the store may face liability
- Neither because businesses can set their own prices
Correct answer: Only the notary is liable
The notary is personally responsible for complying with Tennessee's fee statute; charging above the cap makes the notary liable regardless of the employer's pricing policy.
Question 6: Can a Tennessee notary charge separately for printing or paper used in a notarization?
- No, all materials must be included in the notarial fee
- Yes, incidental costs for supplies may be charged separately if disclosed in advance (Correct answer)
- Only for documents longer than 10 pages
- Only if the signer requests extras
Correct answer: Yes, incidental costs for supplies may be charged separately if disclosed in advance
Incidental costs such as printing fees may be charged separately from the notarial fee as long as they are disclosed to the signer prior to the service.
TN Notary Fees and Compensation 2
When must a Tennessee notary disclose their fee before performing a notarization?