Posted by SERVICIO on 9/7/12 10:53pm
Msg #433601

a notary being commissioned in two states? NOT IN TN!

TN SAYS it is illegal for a notary to be commissioned in more than one state... Are there other states that do not allow this or is TN the only one?

Reply by Marian_in_CA on 9/7/12 11:51pm
Msg #433606

I'm not sure how one state can tell another state what they do is illegal. States can require that their own notaries be a resident of that state, thus making impossible for residents of other states to be commissioned in their state.

California is like that. Only residents of CA can hold a CA commission. There are, however, some notaries in CA who hold dual commissions. Both Oregon and Nevada allow for "non-resident notaries" for example, if you live in a bordering state but are employed in their state. In those cases, it is possible for a person to hold two commissions. California can't tell Nevada or Oregon who can or cannot be commissioned to perform notarial work in their states.

Reply by Michelle/AL on 9/8/12 12:19am
Msg #433612

I agree w/Marian.

And I know of at least one Alabama notary who is also commissioned in TN. I considered doing it myself because I was frequently asked to conduct closings there. The way I interpreted TN's eligibility requirements, I felt that it may have been possible w/o breaking any rules. If this is something you want to do I would encourage you to pick up the phone and call the entity that appoints notaries in TN.

Reply by BrendaTx on 9/8/12 3:29pm
Msg #433655

Devil's Advocate - dual commissions

Can Tennessee say that if a notary is commissioned in another state that he or she may not be a notary in Tennessee?

That would not be telling another state what it may not do. It is putting the rule on the notary.

I use Tennessee as an example only.

Reply by Linda_H/FL on 9/8/12 7:20am
Msg #433620

Curious where you got this information..I agree with

Marian too...and I just skimmed your handbook quickly and saw nothing that says that, other than a notary must live in or have a principal place of business in the county in which they're commissioned. A Tennessee notary can even retain their commission if they move out of the state providing they retain a principal place of business within the state.

I think your info is incorrect.

JMO

Reply by SERVICIO on 9/8/12 11:03am
Msg #433640

If a notary moves out of the state of Tennessee and has neither a residence nor a principal place
of business in Tennessee, the notary is no longer qualified to act as a Tennessee notary public and must surrender his/her commission.
It is a Class C misdemeanor for a person to act as
a notary after moving out of Tennessee. T.C.A. § 8-16-110.
Can I consider my signing business 'a principle place of business' ? If people are just signing as a side business can they hold two commissions in 2 dif states, like KY AND TN.

Reply by SueW/Tn on 9/8/12 11:26am
Msg #433642

You answered that question yourself; as long as you have EITHER a residence OR a principal place of business (a business addy) you can hold dual commissions. I know Tn. NR who holds commissions in both Tennessee and South Carolina. She has a home in Tennessee and a business in South Carolina, no law against it.

Reply by pan/nd on 9/8/12 11:20am
Msg #433641

no dual commissions allowed in Sourth Dakota

Reply by Linda Juenger on 9/8/12 12:18pm
Msg #433645

Not understanding how South Dakota can tell you that you

can't be a notary is another state. Isn't it up to the "other" state to determine if you are qualified, either by residence or business?

Reply by jojo_MN on 9/8/12 6:35pm
Msg #433678

Where does it say that in your handbook? n/m

Reply by jojo_MN on 9/8/12 6:43pm
Msg #433681

Re: Where does it say that in your handbook?

CHAPTER 18-1
NOTARIES PUBLIC
§ 18–1–1. Appointment by Secretary of State–Term of office–Application Procedure–
Authority.

The Secretary of State shall appoint notaries public, who have residence in this state as defined in §
12–1–4. . . .The Secretary of State may also appoint an applicant as a notary public if the applicant resides in a county bordering South Dakota and the applicant's place of work or business is within the state of
South Dakota.

Later under FAQs, it states:
(2) Can a South Dakota notary notarize in another state?
No, South Dakota notaries can only notarize within the state of South Dakota

If this is the basis for your statement, I would interpret it to mean that you can only use your SD commission/stamp in the within the state of South Dakota.

Reply by Chakwaina on 1/24/13 10:31pm
Msg #452034

Where did you get that information? I know of notaries that live in bordering states and work in TN and therefore are allowed to hold commissions in TN because they work here. And vice versa living here and working in a bordering state therefore holding commissions in the other states and TN.