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Home » US Law » 2021 Tennessee Code » Title 66 - Property » Chapter 22 - Acknowledgment of Instruments

§ 66-22-101. Authentication

Unless otherwise provided by law, to authenticate an instrument or document for registration or recording in the office of the county register, the maker or the natural person acting on behalf of the maker shall execute the instrument or document by that person’s original signature, and the signature shall be either acknowledged according to law […]

§ 66-22-102. Persons Authorized to Take Acknowledgments Within State

If the person executing the instrument resides or is within the state, the acknowledgment shall be made before the county clerk, or legally appointed deputy county clerk, or clerk and master of chancery court of some county in the state or before a notary public of some county in this state. Code 1858, § 2039 […]

§ 66-22-103. Acknowledgment in Other States or Territories

If the person executing the instrument resides or is beyond or without the limits of the state, but within the union or its territories or districts, the acknowledgment may be made: Before any court of record, or before the clerk of any court of record; or, before a commissioner for Tennessee, appointed by the governor; […]

§ 66-22-104. Acknowledgment in Foreign Countries

If the person executing the instrument resides or is beyond the limits of the union and its territories, the acknowledgment may be made: Before a commissioner for Tennessee appointed in the country where the acknowledgment is made, having an official seal; Before a notary public of such country, having an official seal; and Before a […]

§ 66-22-105. Authentication of Instruments by or to County Clerk

The probate or acknowledgment of any deed or other instrument, made by or to a clerk of any county, may be taken and made before the judge having probate jurisdiction in the clerk’s county, the clerk and master or the notary public, and the authentication entered on record in the office of the county clerk […]

§ 66-22-106. Postponement Pending Identification

If the clerk or deputy clerk does not know, is not personally acquainted with, or does not have satisfactory evidence of a person wishing to make acknowledgment of the execution of an instrument, the clerk or deputy clerk shall file it, and note, on the record of the probate of deeds, the date of the […]

§ 66-22-107. Form of Certificate of Acknowledgment

If the acknowledgment is made before a county clerk or deputy, or clerk and master, or notary public, or before any of the officers out of the state who are commissioned or accredited to act at the place where the acknowledgment is taken, and having an official seal, viz: those named in §§ 66-22-103 and […]

§ 66-22-108. Acknowledgment for Record of Corporate or Partnership Instrument

The authentication or acknowledgment for record of a deed or other instrument in writing executed by a corporation, whether it has a seal or not, shall be good and sufficient, when made in substantially the following form: State of Tennessee      )County of      ) Before me,  of the state and county mentioned, […]

§ 66-22-109. Acknowledgment of Married Person

The acknowledgment of a married person, when required by law, may be taken in the same form as if such person were sole and without any examination separate and apart from that person’s spouse.

§ 66-22-110. Acknowledgments Under Seal

All acknowledgments shall be under the seal of office of the officer taking same. Code 1858, § 2043 (deriv. Acts 1839-1840, ch. 26, § 2); Shan., § 3718; mod. Code 1932, § 7636; T.C.A. (orig. ed.), § 64-2210.

§ 66-22-111. Entry of Probate or Acknowledgment

The clerk shall enter, in a well-bound book, the probate or acknowledgment of every deed or other instrument of writing proved or acknowledged before the clerk, which entry shall state: The date of the presentation of the paper where it is filed with the clerk, but is not proven or acknowledged because the witnesses fail […]

§ 66-22-112. Fees of Clerk

For the clerk’s services in this behalf, the clerk shall have the following fees: For issuing a subpoena for each witness required to be summoned to prove the execution of a writing  $ .25 For filing and entering the date of the presentation of a deed or other instrument, when its authentication is not completed […]

§ 66-22-113. Liability of Officer for Failure to Carry Out Duties

If the clerk or other officer who takes the probate or acknowledgment of a deed or other instrument fails or refuses to comply with and discharge the duties required of the clerk or officer, the clerk or officer shall forfeit and pay the sum of one hundred dollars ($100) for the use of the county […]

§ 66-22-114. Certificate of Acknowledgment Form

If the acknowledgment is made before any of the officers who are authorized to take such acknowledgment under this chapter or any consular officer of the United States having an official seal, such officer shall write upon or annex to the instrument a certificate of acknowledgment. The following form shall constitute a valid certificate of […]

§ 66-22-115. Recognition of Certificate of Acknowledgment

The form of a certificate of acknowledgment used by a person whose authority is recognized under §§ 66-22-103 and 66-22-104, shall be accepted in this state if the: Certificate is in a form prescribed by the laws or regulations of this state; or Certificate is in a form prescribed by the laws or regulations applicable […]