In Tennessee, like most states, notaries public have a significant responsibility to ensure that the documents they notarize are signed by the appropriate parties under legally sound conditions. One of the most important aspects of a notary’s duty is the requirement to "screen" signers before performing a notarization. This screening process is not just a formality—it is a legal obligation designed to prevent fraud, forgery, and coercion.
Tennessee statutes provide clear guidelines on the steps notaries must take when screening signers. These steps ensure that the signers are present, competent, and acting of their own free will. Here are the key components of the screening process:
Personal Appearance is Required - Under Tennessee law, the signer must be physically present before the notary at the time of notarization. This is a crucial safeguard that ensures the notary can verify the identity of the signer and confirm that they are signing the document in person. Tennessee Code Annotated § 8-16-112 clearly states that notaries may not notarize a document if the signer is not in their presence.
In recent years, remote online notarization (RON) has become an option in Tennessee. However, even in these cases, the notary and signer must be able to communicate via audio-video technology in real-time, ensuring the notary can still verify the personal appearance of the signer.
Willingness to Sign - Notaries in Tennessee are responsible for ensuring that the signer is willing to sign the document. If a signer is being coerced or pressured, the notarization should not proceed. Tennessee law requires that the notary verify that the signer is acting freely and voluntarily. This aspect of the screening process helps protect signers from undue influence and fraud, ensuring the integrity of the document.
Awareness and Competency - Notaries must also assess the signer’s mental awareness and competency. A signer must understand what they are signing and be capable of making informed decisions. If a signer appears confused, disoriented, or otherwise unable to comprehend the nature of the document, the notary is obligated to refuse to notarize. This requirement ensures that individuals with diminished mental capacity are not taken advantage of or manipulated into signing legal documents.
Tennessee statutes don’t prescribe an exact method for determining competency, but it is generally understood that notaries must use their judgment. If a notary suspects that a signer lacks the necessary understanding, they should not proceed with the notarization.
Requirement of Identification - Another critical part of the screening process is the verification of the signer’s identity. According to Tennessee Code Annotated § 66-22-106, notaries must be satisfied that the individual appearing before them is who they claim to be. This can be done by checking a valid form of identification, such as a driver’s license, passport, or other government-issued ID. Without proper identification, the notary cannot proceed with the notarization.
In addition to ID verification, notaries may also rely on the personal knowledge of the signer. If the notary personally knows the signer and can verify their identity without question, the requirement of identification may be satisfied through that personal relationship. However, relying on personal knowledge is at the discretion of the notary and must be handled cautiously.
The responsibility of screening signers in Tennessee is a critical aspect of the notary’s role. By confirming the signer’s personal appearance, willingness to sign, mental competency, and identity, notaries ensure the integrity of the notarization process and protect both the signer and the validity of the document. Failing to adhere to these statutory requirements can result in the notarization being invalid and could expose the notary to legal consequences.
For Tennessee notaries, thorough screening is not just a best practice—it’s a legal requirement that safeguards the public and upholds the standards of the profession.
Commenti