Tennessee § 8-21-1201 - Fees for services — When recordation required — Notaries employed by financial institutions.

§ 8-21-1201. Fees for services — When recordation required — Notaries employed by financial institutions.

A notary public or the notary's employer is entitled to demand and receive reasonable fees and compensation for the notary's services. If the notary or the notary's employer demands and receives a fee, the notary shall keep a record, either in an appropriate electronic form or in a well-bound book, of each of the notary's acts, attestations, protestations, and other instruments of publication. If the notary or the notary's employer does not demand or receive a fee for the notary's services, no recordation of the notary's acts, attestations, protestations, and other instruments of publication is required. If the notary or the notary's employer demands and receives a fee for one (1) or more services but does not separately charge a fee for the notary services, then no recordation of the notary's acts, attestations, protestations, and other instruments of publication is required. If the notary is an employee of a financial institution subject to the Financial Records Privacy Act, compiled in title 45, chapter 10, and the notary or employer of the notary charges a fee, and the services performed by the notary are part of the notary's duties and within the scope of the notary's employment, then access to the record shall be governed by the Financial Records Privacy Act, or the federal Right to Financial Privacy Act of 1978 (12 U.S.C. § 3401 et seq.), whichever is applicable. If the notary is an employee of a financial institution subject to the Financial Records Privacy Act, and the notary does not charge a fee for the services, then the records kept by the notary, if any, shall be considered records of the notary unless the financial institution adopts a written policy stating that such records are a record of the financial institution. In such case, access to the records shall be governed by the Financial Records Privacy Act or the federal Right to Financial Privacy Act of 1978, whichever is applicable. Code 1858, § 4575; Acts 1883, ch. 151, § 2; 1895, ch. 203, § 2; 1905, ch. 6, § 4; Shan., § 6414; mod. Code 1932, § 10715; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 8-2142; Acts 2014, ch. 805, § 5; 2015, ch. 76, § 1. Attorney General Opinions. Duty of notary public to maintain record; use of electronic medium for record. OAG 14-89, 2014 Tenn. AG LEXIS 94 (9/29/14).