2018 Tennessee Code
Title 8 - Public Officers and Employees
Chapter 16 - Notaries Public
Part 3 - Online Notary Public Act [Effective on July 1, 2019.]
§ 8-16-310. Online notarization procedures. [Effective on July 1, 2019.]

Universal Citation: TN Code § 8-16-310 (2018)
  • (a) In performing an online notarization, an online notary public shall verify the identity of a person creating an electronic signature at the time that the signature is taken by using two-way video and audio conference technology that meets the requirements of this part and rules promulgated pursuant to this part. Identity may be verified by:

    • (1) The online notary public's personal knowledge of the person creating the electronic signature; or

    • (2)

      • (A) Remote presentation by the person creating the electronic signature of a government-issued identification credential, including a passport or driver's license, that contains the signature and a photograph of the person;

      • (B) Credential analysis of the credential described in subdivision (a)(2)(A); and

      • (C) Identity proofing of the person described in subdivision (a)(2)(A).

  • (b) The online notary public shall take reasonable steps to ensure that the two-way video and audio communication used in an online notarization is secure from unauthorized interception.

  • (c) The electronic notarial certificate for an online notarization must include a notation that the notarization is an online notarization.

  • (d) The validity of an online notarization performed by an online notary public of this state in accordance with this chapter shall be determined by applying the laws of this state.

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