2018 Tennessee Code
Title 8 - Public Officers and Employees
Chapter 16 - Notaries Public
Part 3 - Online Notary Public Act [Effective on July 1, 2019.]
§ 8-16-302. Part definitions. [Effective on July 1, 2019.]
- As used in this part;
(1) "Appear" or "appearance" or "personally appear" means:
(A) Appearing physically before a notary public; or
(B) Appearing before an online notary public by means of an interactive two-way audio and video communication that meets the online notarization requirements under rules promulgated by the secretary of state;
(2) "Credential analysis" means a process or service operating as outlined in rules promulgated by the secretary of state, through which a third person affirms the validity of a government-issued identification credential through review of public and proprietary data sources;
(3) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;
(4) "Electronic document" means information that is created, generated, sent, communicated, received, or stored by electronic means;
(5) "Electronic notarial certificate" means the portion of a notarized electronic document that is completed by an online notary public and contains the following:
(A) The online notary public's electronic signature, electronic seal, title, and commission expiration date;
(B) Other information required by the secretary of state in rule concerning the date and place of the online notarization; and
(C) The facts attested to or certified by the online notary public in the particular notarization;
(6) "Electronic seal" means information within a notarized electronic document that confirms the online notary public's name, jurisdiction, identifying number, and commission expiration date and generally corresponds to information in notary seals used on paper documents;
(7) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the electronic document;
(8) "Identity proofing" means a process or service operating according to criteria as outlined in rules promulgated by the secretary of state, through which a third person affirms the identity of an individual through review of personal information in public and proprietary data sources;
(9) "Notarial act" means the performance by an online notary public of a function authorized under § 8-16-112;
(10) "Online notarization" means a notarial act performed by means of two-way video and audio conference technology that meets the standards adopted under § 8-16-305;
(11) "Online notary public" means a notary public who is a commissioned notary public and has been additionally commissioned to perform online notarizations as outlined in this part;
(12) "Principal" means an individual:
(A) Whose electronic signature is notarized in an online notarization; or
(B) Who appears before and provides an acknowledgement of or takes an oath or affirmation from the online notary public but not in the capacity of a witness for the online notarization; and
(13) "Remote presentation" means transmission to the online notary public through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the online notary public to:
(A) Identify the individual seeking the online notary public's services; and
(B) Perform credential analysis.
