Posted by Mary Ellen Elmore on 9/14/10 1:55pm
Msg #352635
TN SOS on Notary Journals
Now, understand in TN we are not required to keep a journal, unless we charge for it. But I was curious.
Me - "What are we supposed to do with our Notary Journals if we keep one?"
Response, "We don't know. Keep it I reckon in case anyone ever call you about something." (verbatim quotes)
Me, "If I die, what should my family do with my Journals?"
Response, "We don't know. They can keep it if they want to."
| Reply by PAW on 9/14/10 2:06pm
Msg #352637
Aside question
You said, "Now, understand in TN we are not required to keep a journal, unless we charge for it." You mean you charge someone to record the information in your journal? I don't understand what you mean. Please 'splain it to this senile old man.
| Reply by Marian_in_CA on 9/14/10 2:17pm
Msg #352638
Re: Aside question
I wondered the smae thing. According to the TN Dept of State:
"Am I required to keep records of my notarizations?
Tennessee law does not specify that you must keep record of notarizations. However, that can be inferred from the statutory provision which allows a notary to charge a fee of one dollar ($1.00) for recording in a well-bound book each of the notary's attestations, protestations, and other instruments."
http://www.state.tn.us/sos/bus_svc/notaryFAQs.htm
So, it sounds to me like they can charge $1.00 for recording the notarizations in a journal.
Looking at the handbook, it seems that this is an additional charge. The fees for acknowledgments seem to say, "Same as the county clerk."
But I'm not sure I'm reading that correctly.
| Reply by Mary Ellen Elmore on 9/14/10 2:18pm
Msg #352640
Re: Aside question
You are.
| Reply by Mary Ellen Elmore on 9/14/10 2:17pm
Msg #352639
Re: Aside question
Exactly, we can charge $1 more if we record it in a journal. That makes the total for each ack $2.25
| Reply by PAW on 9/14/10 2:28pm
Msg #352643
Thanks for the 'splanation
When I read it in the handbook, I thought it was for making a copy of the entry. That's what I get when I don't study what I'm reading. 'cause I kan't reed the righten when it's ritten rotten.
| Reply by MW/VA on 9/14/10 2:28pm
Msg #352644
No offense, Mary Ellen. I find this kind of humorous.
You can charge more if you write it down. That's a new one to me. LOL
| Reply by Mary Ellen Elmore on 9/14/10 2:37pm
Msg #352646
Re: No offense, Mary Ellen. I find this kind of humorous.
Considering we can only charge from $.25 to $1.25, having a way to get 'nuther whole $1.00 is a good!
8-16-118. Recording fee. —
A fee of one dollar ($1.00) and no more is allowed to a notary public for recording in a well-bound book, to be kept by such notary for th...e purpose, each of the notary's attestations, protestations, and other instruments of publication.
8-16-119. Protest fee. —
The fee of the notary for the protestation of negotiable instruments shall be one dollar and fifty cents ($1.50) for each instrument protested, without regard to the number of parties on each instrument.
8-21-1201. Notaries public. —
Notaries public are entitled to demand and receive the following fees and compensation for services:
(1) For recording, in a well-bound book, to be kept by the notary for that purpose, each attestation, protestation, and other instrument of publication . . . . . $ 1.00
(2) For the protestation of negotiable instruments, for each instrument protested, without regard to the number of parties on each instrument . . . . . 1.50
(3) For every acknowledgment or probate of deed, or other instrument of writing, with seal attached, the same as county clerks.
(4) For acknowledgment of notes for advances on tobacco . . . . . .25
(5) For each deposition taken . . . . . 1.00
(6) For any other service legally performed by the notary, the same fees allowed other officers for like services.
Now, when I called my County Clerk's Office to ask what they charged for purposes of 8-21-121(3) I was told, "Nothing"
However the Code(Law) allows:
8-21-701. County clerks — Specific fees authorized. —
In addition to any other fees for services established by law, county clerks are entitled to demand and receive for the following services the fees attached:
(1) For issuance of marriage license . . . . . $10.00
(2) (A) For collecting and recording amounts from the business tax, per return . . . . . 7.00
(B) Of the amount collected, two dollars ($2.00) shall be earmarked for computer hardware purchases or replacement, but may be used for other usual and necessary computer related expenses at the discretion of the county clerk. The amount shall be preserved for these purposes and shall not revert to the general fund at the end of a budget year if unexpended;
(3) For transfer of business license from one location to another . . . . . 5.00
(4) For certifying a notary public's election to the secretary of state pursuant to § 8-16-106 . . . . . 7.00
(5) For receiving and forwarding notice of notary public name change or change of address pursuant to § 8-16-109 . . . . . 5.00
(6) For taking and recording official bonds and revenue bonds . . . . . 2.00
(7) For receiving and paying over state and county revenue, on the amount collected and paid over . . . . . 5%
(8) For ex officio services, the legislative body may make an allowance not exceeding . . . . . 50.00
(9) For attending to prosecution for penalties under provisions of the inspection laws, on sums collected and paid into the state treasury . . . . . 10%
(10) For services in the recovery of penalties prescribed against breach of revenue laws in relation to licenses . . . . . double fees.
(11) For certifying a copy of a document or taking an acknowledgment or affixing seal . . . . . 5.00
(12) For making copies, per page . . . . . .50
(13) (A) For handling refunds of amounts overpaid . . . . . up to 2.00
(B) A county clerk shall adopt a policy establishing a procedure to be followed if the county clerk receives payments of taxes or fees in excess of the required amount, and that policy shall include one or more of the following:
(i) Contacting the person or entity tendering the payment for specific instructions regarding the excess amount;
(ii) Allowing the county clerk's office to retain reasonable overage amounts as fees of the office; or
(iii) Providing a refund of the excess moneys, less a reasonable amount of the excess payment retained as fees of the office;
(14) For issuance of permits and licenses for which fees are not otherwise provided . . . . . 5.00
(15) For filing documents for which fee is not otherwise provided . . . . . 5.00For county clerks performing services as clerk of a court, the fees prescribed in part 4 of this chapter.
As for 8-21-1201(6) these fees allowed other officer's is listed in 8-21-et. al. seq.
| Reply by Marian_in_CA on 9/14/10 2:49pm
Msg #352647
Re: No offense, Mary Ellen. I find this kind of humorous.
Those fees are pretty low so any way to increase is okay by me... but I'm with Marilyn... it *is* kind of humorous.
"I charge an extra dollar for writing this down.." 
| Reply by MW/VA on 9/14/10 3:08pm
Msg #352653
I'd be curious to know how old the fee structure for
notaries in TN would be. It was $3 in VA, but increased to $5 a couple of years ago.
Maybe you all need to start writing the SOS about the fees. For $1 how many will even bother.
Are you allowed travel fees, etc. for mobile notary work? I know my minimum for general notary work is $25.
| Reply by MW/VA on 9/14/10 3:09pm
Msg #352655
Correction
I meant to say "my minimum fee for general MOBILE notary work is $25 (w/travel).
| Reply by Mary Ellen Elmore on 9/14/10 3:14pm
Msg #352657
Re: I'd be curious to know how old the fee structure for
Yes, we can charge for any other legally performed services.
| Reply by CNaylor on 9/14/10 7:00pm
Msg #352698
Re: Aside question
I'm confused as to how you come up with $2.25.
From what I read
(11) For certifying a copy of a document or taking an acknowledgment or affixing seal . . . . . 5.00
It would appear your under charging, as you can get $5.00 for the acknowledgment or affixing your "seal", unless of corse you don't have to do that either? + your $1.00 for writing in the journal.
| Reply by Mary Ellen Elmore on 9/14/10 9:00pm
Msg #352707
Re: Aside question
That is what a County Clerk can charge, notaries can not use that particular one because the notary laws specify certain things.
In actuality, County Clerks do not charge for notorial type work at all.
In TN the County Clerks do not even swear us in and they or the Deputy Clerk is supposed to swear us in.
| Reply by MW/VA on 9/14/10 9:43pm
Msg #352713
BTW, IMO you could make more money
selling moonshine & you wouldn't need to keep a journal. LOL
| Reply by Blueink_TN on 9/14/10 10:39pm
Msg #352724
Re: BTW, IMO you could make more money
we charge $2.00 extra for the moonshine - LOL
| Reply by Mary Ellen Elmore on 9/15/10 12:20am
Msg #352731
Re: BTW, IMO you could make more money
Probably! No, where did I hide that recipe. . . . . .
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