A Tennessee public official bond is the official bond a state or county officer must give to guarantee that the officer will faithfully perform the duties of the office and account for the public money and property that pass through it. There is no single statewide dollar amount. Under Tenn. Code Ann. 8-19-101, official bonds are executed by the officer as principal with a surety company authorized to do business in Tennessee, on a form prescribed by the Comptroller of the Treasury and approved by the Attorney General, and where a statute prescribes the conditions or amount for a specific office, that statute prevails. In practice the amount is fixed office by office: some offices have a flat statutory amount, some are set by a population-based or revenue-based formula, and some are set by the county legislative body or the presiding judge. Because the amount depends on the office, the figure on your bond is specific to your position, not a flat statewide number.
| Item | Detail |
|---|---|
| Who requires it | The State of Tennessee under Tenn. Code Ann. Title 8, Chapter 19 (Bonds of Officers), plus the office-specific statute that governs the particular office |
| Who must give it | State and county officers required by law to furnish an official bond, including the county clerk, court clerks, sheriff, register of deeds, assessor of property, trustee, county mayor, and many appointed officers and employees who handle public funds |
| Governing law | Tenn. Code Ann. 8-19-101 (execution, form, blanket bonds, alternatives), 8-19-102 (filing and recording), and 8-19-111 (conditions of the bond), plus the office-specific statute that fixes the amount (for example 8-8-103 for the sheriff) |
| Official form | The bond form prescribed by the Comptroller of the Treasury and approved by the Attorney General (Tenn. Code Ann. 8-19-101). The blank forms are filed with the Secretary of State. [VERIFY against the Comptroller of the Treasury, Official Statutory Bonds: the exact current bond form name or number for the specific office being bonded.] |
| Bond amount | Set per office, not one statewide figure. Fixed by a flat statutory amount, a population-based or revenue-based formula, or by the county legislative body or presiding judge, depending on the office (see the amounts table below) |
| Premium basis | A percentage of the bond amount. For county officials and employees, the county legislative body appropriates funds and pays the premium, and each county competitively bids the purchase of official bonds (Tenn. Code Ann. 8-19-102) [CLIENT FLAG: confirm pricing] |
| Coverage term | The officer’s term of office, renewed each term. The bond is in force for breaches committed while the officer holds or discharges the duties of the office (Tenn. Code Ann. 8-19-111) |
| Obligee | The State of Tennessee or the county the officer serves, through the statute that governs the office |
How much is the bond, and how is the amount set?
Tennessee does not set one dollar amount for all public official bonds. Tenn. Code Ann. 8-19-101 provides that where the conditions of bonds are prescribed by statute, the statute prevails, which pushes the actual amount out to the law that governs each specific office. The Comptroller of the Treasury, which prescribes the bond forms, describes three ways an amount is fixed: a flat amount stated in the statute, an amount based on the revenues the office handles, or an amount determined by the county legislative body or the presiding judge.
The table below shows how the amount is set for common Tennessee offices, using the Comptroller of the Treasury’s official bond snapshot and the office-specific statutes it cites. For offices with a population-based range, the smaller amount applies where the county population is under 15,000 and the greater amount applies where it is 15,000 or more.
| Office | How the amount is set | Statutory authority |
|---|---|---|
| Sheriff | $100,000 | Tenn. Code Ann. 8-8-103 |
| County mayor / county executive | $100,000 | Tenn. Code Ann. 5-6-101, 5-6-109 |
| County clerk | $50,000 to $100,000, population-based | Tenn. Code Ann. 18-2-201 through 213; 18-6-101 through 115 |
| Circuit, criminal, special, and general sessions court clerk | $50,000 to $100,000, population-based | Tenn. Code Ann. 18-2-201 through 213; 18-4-101 |
| Chancery court clerk and master | $50,000 to $100,000, population-based | Tenn. Code Ann. 18-2-201 through 213; 18-5-101 |
| Register of deeds | $50,000 to $100,000, population-based | Tenn. Code Ann. 8-13-101 through 103 |
| Assessor of property | $50,000 | Tenn. Code Ann. 67-1-502, 67-1-505 |
| County trustee | Revenue-based formula (see below) | Tenn. Code Ann. 8-11-101 through 103 |
| Constable | $4,000 to $8,000, at county discretion | Tenn. Code Ann. 8-10-101, 8-10-106 |
| Coroner | $2,500 | Tenn. Code Ann. 8-9-101, 8-9-103 |
| County surveyor | $2,000 | Tenn. Code Ann. 8-12-101, 8-12-102 |
| County highway superintendent | $100,000 | Tenn. Code Ann. 54-7-105, 54-7-108 |
| Superintendent / director of schools | $100,000 | Tenn. Code Ann. 49-2-301; 49-2-102; 9-3-301(c) |
| Notary public | $10,000 | Tenn. Code Ann. 8-16-101 through 104 |
[VERIFY against the office-specific statute cited for each office (for example Tenn. Code Ann. 8-8-103 for the sheriff and 67-1-502/505 for the assessor) and the Comptroller of the Treasury official bond snapshot: confirm the exact current amount or amount-setting rule for the specific office this page is used to quote, including the population-based break point.]
For the county trustee, the amount is revenue-based rather than a flat figure. Tenn. Code Ann. 8-11-103 sets the minimum on the amount of revenues the trustee handled during the last fiscal year audited by the Comptroller of the Treasury, using a cumulative formula: 4 percent of funds collected up to $3,000,000, plus 2 percent of the amount over $3,000,000 (for a surety company bond). Several other revenue-handling offices and agencies, such as a development district, an E911 district, and a human resource agency, are also set by a revenue-based calculation formula rather than a flat amount.
Separately, county governments must obtain and maintain blanket surety bond coverage for all county employees who are not covered by an individual bond required elsewhere in statute, and the minimum amount of that blanket bond is $150,000 (Tenn. Code Ann. 8-19-101). This $150,000 figure is the floor for that blanket employee coverage. It is not the amount of an individual officer’s official bond, which is set by the office-specific rules above.
What does the bond cover?
The bond is a faithful-performance and public-funds guarantee. Under Tenn. Code Ann. 8-19-111, an official bond is conditioned that the principal will:
- faithfully perform the duties of the office during the term of office;
- pay over, to the persons authorized by law to receive them, all money, property, or things of value that come into the principal’s hands during the term of office, without fraud or delay; and
- faithfully and safely keep all records required in the official capacity, and at the end of the term, or upon resignation or removal, turn over to the successor all records and property that came into the principal’s hands.
If the officer meets these conditions the obligation is void; otherwise it remains in full force. In plain terms, if the officer fails to perform the duties of the office or fails to account for public money, records, or property, a valid claim can be paid on the bond up to the bond amount, and the officer (the principal) is responsible for repaying the surety. The bond covers faithful performance and honest handling of public funds. It is not a general liability or errors-and-omissions policy for the officer.
Two statutory alternatives to a traditional surety bond exist for county coverage under Tenn. Code Ann. 8-19-101:
- Crime or dishonesty insurance policy. A county legislative body may obtain, in lieu of official bonds, a crime or employee dishonesty insurance policy, with limits of not less than $400,000 per occurrence. [VERIFY against Tenn. Code Ann. 8-19-101: confirm the exact per-occurrence minimum and any conditions on using an insurance policy in lieu of official bonds.]
- Self-insurance election. A county that self-insures its liability under the Governmental Tort Liability Act may elect, by a two-thirds vote of its governing body, to self-insure the official bond risk on identical terms, filing the resolution with the register of deeds. [VERIFY against Tenn. Code Ann. 8-19-101: confirm the two-thirds vote requirement and the resolution filing step for the self-insurance election.]
Whether a given officer still needs a commercial official bond depends on the office’s governing statute and whether the county has adopted one of these alternatives.
How much does the bond cost?
You do not pay the full bond amount. You pay a premium, which is a percentage of the bond’s face value, set mainly by the size of the bond and, for a commercial surety bond, your personal credit. One point specific to Tennessee public official bonds: for county officials and employees, the cost is generally handled by the county rather than the officer personally. Under Tenn. Code Ann. 8-19-102, the county legislative body appropriates sufficient funds to pay the premiums on the official bonds of county officials and employees required by law to be bonded, and each county competitively bids the purchase of official and other surety bonds, which must be purchased from a surety company authorized to do business in Tennessee.
[CLIENT FLAG: insert All n One Insurance pricing for Tennessee public official bonds, for example the premium rate or flat fee by bond amount, and one worked example such as “a $100,000 sheriff’s bond at X percent costs $Y per year.” Do not publish a premium number until All n One provides it. Confirm whether official bonds are quoted at a filed flat rate rather than a credit-based rate, given that the county usually pays the premium.]
Is this the same as a notary bond, a probate or fiduciary bond, or a license bond?
No. These are different bonds for different roles, even though all are surety bonds.
- A Tennessee public official bond guarantees that an elected or appointed public officer will faithfully perform the duties of the office and account for public money, property, and records. The obligee is the State of Tennessee or the county the officer serves, and the requirement comes from Tenn. Code Ann. Title 8, Chapter 19 and the office-specific statute.
- A Tennessee notary bond is a fixed $10,000 bond required of a commissioned notary public that protects the public against a notary’s errors or misconduct in performing notarial acts (Tenn. Code Ann. 8-16-101 through 104). It is not an office-holder’s faithful-performance bond, and a notary bond is one of the bonds filed under Chapter 19, but at a fixed statutory amount rather than an office-by-office figure.
- A probate or fiduciary bond is required of a personal representative, executor, administrator, conservator, or guardian to protect an estate or a protected person. The amount is set by the court based on the value of the estate or assets, which is a different mechanic from an official bond. See our Tennessee Probate Bonds page for that type.
- A license or permit bond guarantees that a licensed business or professional follows the law that governs its license, such as a motor vehicle dealer. The obligee is the licensing agency, not a public office.
A person can hold more than one of these at once. A county officer who is also a notary, for example, would have an official bond for the office and a separate notary bond for notarial acts.
How do I get bonded and file the official bond?
- Confirm the office and its bond requirement. Identify the office-specific statute and how the amount is fixed, whether it is a flat amount, a population-based or revenue-based formula, or an amount set by the county legislative body or presiding judge (see the amounts table above).
- Find out the required amount. Get the penal sum from the governing statute, the Comptroller of the Treasury official bond snapshot, or the body that sets it for the office.
- Get a surety bond quote. Apply with All n One for the required amount. The bond must be written by a surety company authorized to do business in Tennessee (Tenn. Code Ann. 8-19-101, 8-19-102).
- Use the correct form. The bond is executed on the form prescribed by the Comptroller of the Treasury and approved by the Attorney General, with the officer as principal (Tenn. Code Ann. 8-19-101). Where a statute prescribes the conditions for the office, those conditions control.
- Have the bond approved. The approving authority depends on the office. [VERIFY against Tenn. Code Ann. Title 8, Chapter 19 and the office-specific statute: confirm the approving authority for the specific office being bonded.]
- Record and file the bond. For county officials and employees, the approved bond is recorded with the county register of deeds and then filed in the office of the county clerk (Tenn. Code Ann. 8-19-102). State official bonds are lodged for safekeeping at an office designated by the Governor (Tenn. Code Ann. 8-19-102).
- File on time and renew. Provide the executed bond within the time allowed after taking office, and renew it for each term. [VERIFY against Tenn. Code Ann. Title 8, Chapter 19: confirm the filing window (reported as within 30 days of the start of term) and that a timely bond relates back to the beginning of the term.]
Frequently asked questions
Who has to give a Tennessee public official bond?
State and county officers required by law to furnish an official bond, especially those who receive or disburse public funds. This includes the county clerk, court clerks, sheriff, register of deeds, assessor of property, trustee, county mayor, and many appointed officers and employees. The requirement comes from Tenn. Code Ann. Title 8, Chapter 19 and the statute that governs the specific office.
How does Tennessee decide how big the bond must be?
There is no single statewide amount. The amount is fixed office by office: a flat statutory amount for some offices (for example $100,000 for the sheriff under Tenn. Code Ann. 8-8-103), a population-based range for clerks and the register of deeds ($50,000 to $100,000), a revenue-based formula for the trustee (Tenn. Code Ann. 8-11-103), or an amount set by the county legislative body or presiding judge.
Is there a single minimum amount?
Not for individual official bonds. The $150,000 figure in Tenn. Code Ann. 8-19-101 is the minimum for the blanket bond that covers county employees who are not otherwise covered by an individual bond, not a floor on every officer’s official bond.
What does the bond cover?
It covers the officer’s faithful performance of the duties of the office, the honest accounting and paying over of all public money and property, and the safe keeping and turning over of official records to a successor (Tenn. Code Ann. 8-19-111).
Who pays for the bond?
For county officials and employees, the county legislative body appropriates funds and pays the premium, and the county competitively bids the purchase of the bonds (Tenn. Code Ann. 8-19-102). The officer typically does not pay personally.
Where do I file the bond?
For county officials and employees, the approved bond is recorded with the county register of deeds and then filed in the office of the county clerk. State official bonds are lodged for safekeeping at an office designated by the Governor (Tenn. Code Ann. 8-19-102).
Can a county use insurance instead of a surety bond?
Yes, in some cases. Under Tenn. Code Ann. 8-19-101, a county legislative body may use a crime or employee dishonesty insurance policy in lieu of official bonds (with limits of not less than $400,000 per occurrence), or a self-insuring county may elect by a two-thirds vote to self-insure the official bond risk. Whether that applies to your office depends on what your county has adopted.
Is a public official bond the same as a notary bond?
No. A public official bond covers the faithful performance of a public officer and is set office by office under Chapter 19 and the office-specific statute. A notary bond is a separate, fixed $10,000 bond that covers a notary’s official acts (Tenn. Code Ann. 8-16-101 through 104). A person can hold both.
